Wednesday, July 1, 2020

Woolies hit with AU$1 million spamming fine

woolies-dy.jpg
Image: Woolworths

The Australian Communications and Media Authority (ACMA) has hit Woolworths Group with a fine of AU$1,003,800, the largest it has handed down, due to five million breaches of the Spam Act 2003 made between October 2018 and July 2019.

The breaches consisted of continuing to send marketing emails after people had unsubscribed. ACMA said Woolies' systems, processes, and practices were inadequate to comply with spam rules.

"The spam rules have been in place for seventeen years and Woolworths is a large and sophisticated organisation. The scale and prolonged nature of the non-compliance is inexcusable," ACMA chair Nerida O'Loughlin said.

"Woolworths failed to act even after the ACMA had warned it of potential compliance issues after receiving consumer complaints."

The million-dollar fine, which the company has already paid, is unlikely to make a dent on Woolies though, as for its third quarter, the group reported taking in almost AU$16.5 billion in sales and posted AU$1.45 billion in after-tax profit.

Nevertheless, O'Loughlin claimed the fine and a three-year court-enforceable undertaking were "commensurate to the nature of the conduct, number of consumers impacted and the lack of early and effective action by Woolworths".

The undertaking will see Woolworths bring in an independent consultant to review its system, processes, and procedures, and report back to ACMA. As usual with these type of infringements, the company will undertake training for its staff.

"The ACMA's actions should serve as a reminder to others not to disregard customers' wishes when it comes to unsubscribing from marketing material," O'Loughlin added.

Over the past year, Australian businesses have paid over AU$1.75 million in fines for breaching spam and telemarketing laws, with ACMA also stating it has accepted six undertakings and issued seven warnings. It also said repeat offenders could face fines of up to AU$2.22 million a day.

Last week, Woolworths announced that it would spend between AU$700 million and AU$780 million in technology and fitouts over the next four years as part of plans to build an automated regional and distribution centre and a semi-automated national distribution centre at Moorebank Logistics Park in Sydney.

As part of the build, the company has allocated AU$176 million for redundancies of workers at its Minchinbury, Yennora, and Mulgrave centres.

The company also said the cost of underpaying staff has now blown out to AU$390 million after it identified its salaried team members at ALH Hotels were not paid in full according to the general hospitality industry award during FY18 and FY19.

Last Friday, Woolworths said it was increasing online delivery and pick up availability as online interaction surged 40% across Melbourne. The same weekend, the supermarket reinstated purchase limits on toilet paper, hand sanitiser, paper towel, flour, sugar, pasta, mince, long-life milk, eggs, and rice across Victoria.

By Tuesday, Victorian Premier Daniel Andrews had enforced 10 postcode-based lockdowns across Melbourne for a period of four weeks.

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Hundreds of Botswana elephants dead in mysterious mass die-off

More than 350 elephants have died in northern Botswana in a mysterious mass die-off described by scientists as a “conservation disaster”.

A cluster of elephant deaths was first reported in the Okavango Delta in early May, with 169 individuals dead by the end of the month. By mid June, the number had more than doubled, with 70% of the deaths clustered around waterholes, according to local sources who wish to remain anonymous.

“This is a mass die-off on a level that hasn’t been seen in a very, very long time. Outside of drought, I don’t know of a die-off that has been this significant,” said Dr Niall McCann, the director of conservation at UK-based charity National Park Rescue.

The Botswana government has not yet tested samples so there is no information on what is causing the deaths or whether they could pose a risk to human health. The two main possibilities are poisoning or an unknown pathogen. Anthrax – initially considered the most likely cause – has been ruled out.

McCann said: “When we’ve got a mass die-off of elephants near human habitation at a time when wildlife disease is very much at the forefront of everyone’s minds, it seems extraordinary that the government has not sent the samples to a reputable lab.”

Local witnesses say some elephants were seen walking around in circles, which is an indication of neurological impairment. “If you look at the carcasses, some of them have fallen straight on their face, indicating they died very quickly. Others are obviously dying more slowly, like the ones that are wandering around. So it’s very difficult to say what this toxin is,” said McCann.

Elephants of all ages and both sexes have been dying, local reports found. Several live elephants appeared weak and emaciated, suggesting more will die in the coming weeks. The true number of deaths is likely to be even higher because carcasses can be difficult to spot, say conservationists.

Cyanide poisoning – often used by poachers in Zimbabwe – remains a possibility, but scavenging animals do not seem to be dying at the carcasses. Local reports say there were fewer vultures on carcasses than expected, but none showed signs of abnormal behaviour. “There is no precedent for this being a natural phenomenon but without proper testing, it will never be known,” said McCann. Covid-19 has been mentioned as a possible cause but is considered unlikely.

There are about 15,000 elephants in the delta, 10% of the country’s total. Eco-tourism contributes between 10-12% of Botswana’s GDP, second only to diamonds. “You see elephants as assets of the country. They are the diamonds wandering around the Okavango delta,” said McCann. “It’s a conservation disaster – it speaks of a country that is failing to protect its most valuable resource.”

The tusks of deceased elephants have not been removed and conservationists have urged authorities to guard the carcasses so that poachers do not take them.

There have been no reports of elephant deaths in neighbouring countries.

“There is real concern regarding the delay in getting the samples to an accredited laboratory for testing in order to identify the problem – and then take measures to mitigate it,” said Mary Rice, executive director of the Environmental Investigation Agency in London.

“The lack of urgency is of real concern and does not reflect the actions of a responsible custodian. There have been repeated offers of help from private stakeholders to facilitate urgent testing which appear to have fallen on deaf ears … and the increasing numbers are, frankly, shocking.”

One of the hundreds of elephants that have died from unknown causes

Dr Cyril Taolo, acting director for Botswana’s department of wildlife and national parks, told the Guardian: “We are aware of the elephants that are dying. Out of the 350 animals we have confirmed 280 of those animals. We are still in the process of confirming the rest.

“We have sent [samples] off for testing and we are expecting the results over the next couple of weeks or so,” he said. “The Covid-19 restrictions have not helped in the transportation of samples in the region and around the world. We’re now beginning to emerge from that and that is why we are now in a position to send the samples to other laboratories.” Taolo declined to say which laboratories they had been sent to.

Find more age of extinction coverage here, and follow biodiversity reporters Phoebe Weston and Patrick Greenfield on Twitter for all the latest news and features



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Oklo (YC S14), maker of 'micro' nuclear reactor, aims to prove doubters wrong

Jacob DeWitte is determined to shake up the struggling nuclear energy industry by moving his company, Oklo, through the cumbersome U.S. regulatory process faster than anyone before.

DeWitte, 34, is impatient because speed is necessary in order for his small, advanced nuclear reactor, an emissions-free technology of a type that has never been deployed, to be ready in time to help the world curb climate change.

“In this field, there was a lot of inertia,” DeWitte, co-founder and CEO of California-based Oklo, told the Washington Examiner. “Things have to be done a certain way because that’s how it’s been done. We have been pretty successful in questioning some of those things on how to do things more quickly, efficiently, and better.”

But the rapid permitting process granted to Oklo and other developers of smaller nuclear reactors has prompted criticism from some environmental groups, which argue it’s dangerous.

"This is premature at best," Edwin Lyman, director of nuclear power safety at the Union of Concerned Scientists, told the Washington Examiner for a story earlier this year. "These reactors are still on paper. Being too overconfident in the systems you have is the kind of complacency that brought the world Fukushima."

In DeWitte's view, though, environmentalist opposition itself is a main reason that the reactors don't yet exist because it has ensured that the technology faces burdensome reviews. And in working to delay the technology, he said, critics are undercutting their goal of boosting carbon emissions-free energy.

“It's ironic to me. Those who say it won't be ready in time are the ones working to delay it more,” DeWitte said.

He said he thinks that nuclear power will be necessary in any zero-emissions scenario. Economic models have shown that wind and solar combined with battery storage can get the world to about 80% zero-carbon electricity, but the rest would have to be covered by something else, such as nuclear power, that is available around the clock and not dependent on the weather.

When nuclear plants close, a common occurrence recently among traditional large plants because of cheaper alternatives, they are often replaced by carbon-emitting natural gas.

“Are we really wanting to say environmental impacts should be looked at with more scrutiny and through antiquated processes to give preferences to dirtier technologies?” DeWitte said.

A regulatory milestone

This month, Oklo’s tiny, 1.5-megawatt advanced reactor became the first nuclear design that does not use water as a coolant to have its application accepted by the Nuclear Regulatory Commission just four months after applying amid a global pandemic.

The acceptance, hailed by the nuclear industry as a milestone, was a key step toward DeWitte’s goal of having the first of his reactor designs, known as Aurora, operational by 2023 or sooner.

"This signals NRC’s willingness to modernize regulatory approaches to keep pace with industry innovation and acknowledges the unique characteristics and simplified designs of advanced reactors," said Maria Korsnick, president and CEO of the Nuclear Energy Institute.

The rapid permitting process granted to Oklo and other developers of advanced reactors comes at the direction of Congress, where bipartisan majorities are hopeful that smaller, cheaper, and theoretically safer nuclear reactors will help balance out wind and solar.

Oklo's application to the NRC was novel. Generally, nuclear reactor designers have to submit a design certification first before submitting a second “combined license” application, authorizing the licensee, usually a utility, to operate a nuclear power plant.

Oklo, however, skipped the design certification and submitted only a combined license application since it plans on operating its own nuclear plant.

DeWitte said Oklo’s consolidated process was a significant costs saving. He said Oklo hopes to receive NRC approval of the application within 36 months.

“We are the first to do it this way, and there is a lot of interest in what we did,” DeWitte said. “No one thought we could submit an application in the timeline we did.”

By contrast, NuScale, an Oregon-based firm on pace this year to be the first small nuclear reactor to get NRC approval, used the traditional application process because it plans to sell power from its 60 MW reactors to utilities.

Its design certification application numbered thousands of pages, according to Brett Rampal, nuclear team manager at the Clean Air Task Force and who used to work for NuScale. Oklo’s combined application was less than 1,000 pages.

Rampal said the NRC had not updated its application processes since the Reagan administration, before a burst of small reactor developers came requesting streamlined processes in the mid-2010s.

"The NRC, while full of intelligent and well-experienced people, was not prepared to start reviewing a bunch of advanced reactor processes,” Rampal said. “They needed to work with applicants on the best way to do this."

Smaller footprint, shorter reviews

DeWitte and Rampal said that shorter reviews are appropriate because smaller reactor cores produce less radioactive material that could be released in an accident.

The NRC is considering a proposal by Oklo, along with other companies, that would allow them to reduce the size of the emergency planning zone around a nuclear plant.

DeWitte said he envisions Aurora being built with a “relatively small footprint,” operating in a power plant less than 5,000 square feet, with the surrounding land being under an acre.

The company plans to build additional reactors larger in size, but it has not disclosed details of other models yet.

DeWitte said he is adamant in his belief that his nuclear reactor should not be treated the same as traditional large ones.

“We are going through the same rigorous process. It’s just scientifically informed to what matters to ensure public safety,” DeWitte said.

Born to love nuclear, with a passion for improving it

DeWitte’s determination to work on nuclear energy started in childhood. His father, a civil engineer, took him to the National Atomic Museum (as it was called then) in Albuquerque, New Mexico, the city where he was born and raised.

As a child, he became frustrated with video games such as SimCity that depicted nuclear power “inaccurately” as dangerous and expensive, prompting him in grade school to write contrarian papers on the value of nuclear power.

By the time he attended college, DeWitte realized the industry needed shaking up to be successful.

In 2013, while studying nuclear engineering at the Massachusetts Institute of Technology, DeWitte founded Oklo.

Today, he’s running it with a fundamentally different model and technology than even some of his peers.

Oklo’s Aurora “micro reactor” is only 1.5 MW in capacity, less than 1% the size of a traditional reactor. Aurora is smaller still compared to advanced reactor competitor designs from Terrestrial Energy and Moltex Energy, which are 200 MW and 300 MW in size, respectively.

Aurora reactors, built underground, would use metal fuel to produce heat, which would then go through a copper heat pipe to transfer heat from the buried reactor to the surface and be converted into electricity.

Oklo said its reactor will be able to run for at least 20 years without needing to refuel.

The reactor is designed to operate at a higher temperature, enabling it to provide power in other applications outside of electricity, such as heating for industrial purposes.

“They are taking a very interesting approach with a lot of new and novel sort of thinking with it,” Rampal said. “We need as many shots on goal as we can get, and I hope they are a part of the solution.”

Oklo and its supporters are marketing the reactor as especially fitting for remote areas that rely on dirty and expensive diesel generators, with its small size allowing it to be deployed quickly in disaster situations such as Hurricane Maria, which destroyed Puerto Rico’s power grid.

“If you are paying such a high price for diesel fuel already, you are probably interested in what might be a high, upfront cost and very low competitive energy costs for your small island or village,” Rampal said.

Betting on himself

Oklo is structured differently than other nuclear companies. The company, funded by private investors, is planning to build, own, and operate its first nuclear plant itself, functioning as its own utility, a move that DeWitte said will increase its profit margins to compensate for the high, upfront cost of a first-of-its-kind technology.

“A lot of private investors have recognized the nuclear business model of being entirely government-centric is changing to where you are seeing tons of money coming into the space,” DeWitte said. “The amount of capital going to nuclear is very exciting.”

Oklo is collaborating with the federal government, however. It has received permission from the Department of Energy to build and demonstrate its first Aurora reactor at the department’s Idaho National Laboratory.

DeWitte acknowledged his novel strategy and aggressive timeline is no “slam-dunk.”

But he said he appreciates the challenge and the expectations of providing a possible solution to combating climate change and proving he can make money doing it.

“It's an opportunity, and it's a burden in a good way,” DeWitte said. “It's a responsibility. It can be overwhelming. This is a really hard startup space to work in. But that’s very motivating.”



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No More Coffee

No More Coffee

I never identified as a coffee snob or someone with a serious habit – like everyone else, I made lots of self-deprecating jokes about how much coffee I drank – until one day I realized that I had been drinking more coffee than anyone else I knew for the past fifteen years.

I started drinking coffee in high school. I would stay up all night competitively playing video games, and then head to school on two or three hours of sleep. If I tried to attend class, I would immediately pass out on my desk. There was a coffee machine in the cafeteria, where I would solve that problem by purchasing a cup of scalding-hot black coffee for fifty cents. It was shitty coffee, and I hated the flavor. But I needed it, and took the bitterness as fair punishment for not sleeping. That cup got me wired – the caffeine rush would electrify my body, and my hand would shake erratic, two-inch tall letters out of my Pilot V5.

Two hours later, I’d get another cup, and that would last me into the early afternoon. I’d crash and fall asleep in class at 1:50pm, like clockwork. I’d get another cup at 2:00pm between classes, to carry me through the rest of the day. When I took my finals before graduating, the principal sent out a grade-wide complaint that too many coffee cups got littered outside the exam rooms. They were all mine. My #1 concern in high school was dying of a heart attack due to my completely insane sleep and caffeine habits.

Somehow I survived high school. My sleep patterns would, over the course of the years, very slowly approach those of a normal person, but coffee stuck. I would drink it to help stay up late, or to wake me up after a short night. When things got really urgent I’d supplement with some Red Bull. My tastes advanced a little bit: I quit the punitive straight black coffee, and experimented with extravagances like sugar and milk. As I started to work internships near Starbuckses, I would get vanilla-hazelnut lattes, and my coffee runs were known for their consistency and punctuality.

After college and graduate school, things kicked up a notch. Lots of people define their persona by their love of coffee, and I chose to be one of those. I drank coffee – lattes, in particular – religiously. My first business card’s title read Caffeine Fiend. I systematically sampled nearly every single cafe in San Francisco. Weirdly, I knew I didn’t really love lattes. I liked them, but a latte can ultimately only be so good. They were a habit, something I’d been doing for a long time, and had made part of my persona. Besides, I needed the kick. I realized that coffee was useful in technical, creative work not because it increases wakefulness, but because it increases focus. I had a latte machine in the office and a company to build, so at some point I hit ten cups a day.

Enter March 2020. I had moved offices – no more free coffee – and was spending more on cinnamon lattes than some people spend on their mortgage. I was more cautious than most about COVID-19, and started isolating myself in early March. Being a coffee addict but not a true aficionado, I did not own anything in the way of a coffee machine. (I have never made much use of my kitchen.) I had no way to make coffee at home, and due to COVID I wasn’t in the mood to go out shopping. Almost four months later, I still haven’t had any coffee.

Losing coffee was unpleasant at first. Abandoning a ritual can make the rest of the day feel weirdly incomplete. But I soon stopped missing or thinking about it. My quality of life had improved. With coffee, the regular motions of the day become exaggerated – there would be spikes of focus and the feeling of productivity, but there would also be caffeine crashes every four hours. The days that I used caffeine to push myself too far would invariably end in long headaches. I often felt very seriously drained at the end of the workday, and couldn’t do anything in the evening.

The last four months, without coffee, have been much better. No headaches. No crashes. Consequently – and ironically – I’m now probably more awake on average throughout the day. I’ve been very surprised by how little I actually needed the caffeine, even in the morning after a short night. Thus, I’m not sure how much value caffeine actually provided me over the past few working years. I had so much of it that the beneficial effects certainly wore off (I would even drink coffee right before going to sleep). However, the downsides of coffee – trading in later energy to have more focus now, the drain and crash later in the day – never wore off.

Ultimately, as COVID wraps up and things go back to normal, I don’t feel the need to pick up coffee again. Maybe I’ll try decaf for the pleasure of an evening latte, but I’m happy to kick the habit.





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Tuesday, June 30, 2020

California accuses Cisco of job discrimination based on Indian employee's caste

OAKLAND, Calif. (Reuters) - California regulators sued Cisco Systems Inc (CSCO.O) on Tuesday, accusing it of discriminating against an Indian-American employee and allowing him to be harassed by two managers because he was from a lower Indian caste than them.

FILE PHOTO: The Cisco logo is seen at their booth at the Mobile World Congress in Barcelona, Spain, February 26, 2018. REUTERS/Sergio Perez

U.S. employment law does not specifically bar caste-based discrimination, but California’s Department of Fair Employment and Housing contends in the lawsuit that India’s lingering caste system is based on protected classes such as religion.

The lawsuit, filed in federal court in San Jose, does not name the alleged victim. It states he has been a principal engineer at Cisco’s San Jose headquarters since October 2015 and that he was raised at the bottom of India’s caste hierarchy as a Dalit, once called “untouchables.”

That caste hierarchy was enforced in the workplace, according to the lawsuit, which accuses the two former engineering managers of harassment.

Cisco said it did not have immediate comment, saying that it planned to issue a statement at a later time.

Like other large Silicon Valley employers, Cisco’s workforce includes thousands of Indian immigrants, most of whom were brought up as Brahmins or other high castes.

The civil rights group Equality Labs in a 2018 report cited in the lawsuit found that 67% of Dalits surveyed felt treated unfairly at their U.S. workplaces.

Some employers have begun taking action. Massachusetts-based Brandeis University last year added caste to its nondiscrimination policy in what is believed to be a landmark move in U.S. higher education.

At Cisco, the unnamed employee reported his manager to human resources in November 2016 for outing his caste to colleagues. The manager allegedly retaliated, but Cisco determined caste discrimination was not illegal and issues continued through 2018, the lawsuit states.

Cisco reassigned the employee’s duties and isolated him from colleagues, rejected a raise and opportunities that would have led to one and denied him two promotions, according to the lawsuit.

Reporting by Paresh Dave; Editing by Leslie Adler



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Police Become the Real Looters

After weeks of protest in the wake of George Floyd’s murder, the country was thrown into an important dialogue about police reform. Massive protests have forced ending qualified immunity, halting military transfers to police stations, disbanding police unions, and even reconsidering police budgets to rapidly become top legislative priorities.

However, the conversation has not always remained on the topic of reform. Many bad-faith actors who would like to distract from such conversations, focused instead on looting taking place during the mass demonstrations. And although the Black Lives Matter protest leaders condemned the practice, many in the media and Congress refused to talk about anything else.

So let’s talk about looting. Through civil asset forfeiture, the police have been the biggest culprits, anyway.

The process known as civil asset forfeiture allows police officers “to lawfully seize personal property from those under suspicion of committing — or helping to commit — a crime. The threshold for this practice requires only the notion of probable cause, which is considered sufficient if there is “reasonable ground for belief of guilt.”

That is, you can have your property taken from you without ever being charged with a crime.

This process is unconstitutional, and should be abolished, along with qualified immunity, military transfers, and the rest of the reform legislation, as, while harmful to everyone’s civil liberties, disproportionately affects minority communities.

Consider a few examples of how this practice has been implemented against civilians across the United States.

Last year Missouri police officers coerced at least 39 motorists into signing $2.3 million is personal assets without convictions. In March of this year, Michigan’s attorney general charged Macomb County Prosecutor with felony embezzlement of asset forfeiture funds. January 2020 saw the DEA seize a 79-year old Pittsburg man’s life savings because it was deemed suspicious to travel with large amounts of cash. And Indiana wants to seize your $42,000 car for going 5 mph over the speeding limit.

The list goes on, but some places are particularly bad.

Between the years 2012 and 2017, Reason’s CJ Ciaramella showed the Chicago police department seized $150 million worth of personal property without conviction 23,065 times— the vast majority of those instances occurring in predominantly black neighborhoods. What’s more, in Chicago’s particular case, police were found to have taken everything from cashiers checks to Xbox controllers, and a total of nearly 6,000 vehicles—which seriously disrupts people’s daily life.

This is true looting.

Ciaramella goes on to write that the “average estimated value of a seizure was $4,553, while the median value was $1,049 about three-quarters of all seizures were cash, not property.” The state of Illinois notoriously maintains prosecutors and police that keep up to 90% of all asset forfeiture in state revenue, and if you observe all assets between 2005 and 2015, the number jumps to a net worth of $319 million.

So the police departments and federal agencies like the DEA are taking in revenue to fund their programs, and black people are being forced to provide it.

This should enrage any American who cares at all about racial injustices and property rights. Moreover, this practice deserves the seriousness not many have historically taken it.

But instead many, including our own Justice Department, defend the practice as important for crime prevention. However, civil asset forfeiture has been shown to have little to no impact on fighting crime. Instead, it provides dubious profit motives to manufacture crime, as most of the property they loot from the citizens they are supposed to serve and protect lines the department’s own pockets.

What’s more, there’s hardly any way to seek justice. About 9 in 10 cases of civil asset forfeiture never make it to court, due largely to the insurmountable costs of legal action (atop the costs individuals incurred from property seizure already).

It’s obvious that action to ban this practice — this professional looting — is needed to protect vulnerable communities and stop facilitating injustices. In our current moment, it’s more important than ever to prevent bad policing. Abolishing civil asset forfeiture takes a step in that direction.

Anthony DiMauro is a writer based in New York City. His work has appeared in the Orange County Register, Real Clear, The National Interest and elsewhere. Follow him on Twitter @AnthonyMDiMauro.



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