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Google employees’ attempts to hide messages from investigators might backfire

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Google employees’ attempts to hide messages from investigators might backfire

Google employees liberally labeled their emails as “privileged and confidential” and spoke “off the record” over chat messages, even after being told to preserve their communications for investigators, lawyers for the Justice Department have told a Virginia court over the past couple of weeks.

That strategy could backfire if the judge in Google’s second antitrust trial believes the company intentionally destroyed evidence that would have looked bad for it. The judge could go as far as giving an adverse inference about Google’s missing documents, which would mean assuming they would have been bad for Google’s case.

Documents shown in court regularly display the words “privileged and confidential” as business executives discuss their work, occasionally with a member of Google’s legal team looped in. On Friday, former Google sell-side ad executive Chris LaSala said that wasn’t the only strategy Google used. He testified that after being placed on a litigation hold in connection with law enforcers’ investigation, Google chat messages had history off by default, and his understanding was that needed to be changed for each individual chat that involved substantive work conversations. Multiple former Google employees testified to never changing the default setting and occasionally having substantive business discussions in chats, though they were largely reserved for casual conversations.

LaSala also used that default to his advantage at times, documents shown by the government in court revealed. In one 2020 chat, an employee asked LaSala if they should email two other Google employees about an issue and, soon after, asked, “Or too sensitive for email so keep on ping?” LaSala responded, instructing the employee to “start a ping with history turned off.” In a separate 2020 exchange, LaSala again instructed his employee to “maybe start an off the record ping thread with Duke, you, me.” 

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A chat discussion between Google employees about how to communicate potentially sensitive information.
DOJ exhibit

“It was just how we spoke. Everyone used the phrase ‘off the record ping,’” LaSala testified. “My MO was mostly off the record, so old tricks die hard.”

“It was just how we spoke. Everyone used the phrase ‘off the record ping.’”

Still, LaSala said he “tried to follow the terms of the litigation hold,” but he acknowledged he “made a mistake.” Shortly after a training about the hold, he recalled receiving a chat from a colleague. Though LaSala said he turned history on, he wasn’t sure the first message would be preserved. LaSala said he put that message in an email just in case. In general, LaSala said, “We were really good at documenting … and to the extent I made a mistake a couple times, it was not intentional.”

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A 2019 document addressed to two business leaders labeled “PRIVILEGED & CONFIDENTIAL.”
Image: DOJ exhibit

Brad Bender, another Google ad tech executive who testified earlier in the week, described conversations with colleagues over chat as more akin to “bumping into the hall and saying ‘hey we should chat.’” The DOJ also questioned former Google executive Rahul Srinivasan about emails he marked privileged and confidential, asking what legal advice he was seeking in those emails. He said he didn’t remember.

Google employees were well aware of how their written words could be used against the company, the DOJ argued, pointing to the company’s “Communicate with Care” legal training for employees. In one 2019 email, Srinivasan copied a lawyer on an email to colleagues about an ad tech feature and reminded the group to be careful with their language. “We should be particularly careful when framing something as a ‘circumvention,’” he wrote. “We should assume that every document (and email) we generate will likely be seen by regulators.” The email was labeled “PRIVILEGED and CONFIDENTIAL.”

An email from a Google sell-side executive reminding colleagues to “communicate with care” about sensitive topics.
DOJ exhibit
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While the many documents shown by the DOJ demonstrate that Google often discussed business decisions in writing, at other times, they seemed to intentionally leave the documentation sparse. “Keeping the notes limited due to sensitivity of the subject,” a 2021 Google document says. “Separate privileged emails will be sent to folks to follow up on explicit [action items].”

“We take seriously our obligations to preserve and produce relevant documents,” Google spokesperson Peter Schottenfels said in a statement. “We have for years responded to inquiries and litigation, and we educate our employees about legal privilege. In the DOJ cases alone, we have produced millions of documents including chat messages and documents not covered by legal privilege.”

The judge in Google’s first antitrust battle with the DOJ over its search business declined to go as far as an adverse inference, even though he ruled against Google in most other ways. Still, he made clear he wasn’t “condoning Google’s failure to preserve chat evidence” and said, “Any company that puts the onus on employees to identify and preserve relevant evidence does so at its own peril. Google avoided sanctions in this case. It may not be so lucky in the next one.”

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“Dark oxygen” created in the ocean without photosynthesis, researchers say

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"Dark oxygen" created in the ocean without photosynthesis, researchers say


Researchers have discovered bundles of “dark oxygen” being formed on the ocean floor. 

In a new study, over a dozen scientists from across Europe and the United States studied “polymetallic nodules,” or chunks of metal, that cover large swaths of the sea floor. Those nodules and other items found on the ocean floor in the deep sea between Hawaii and Mexico were subjected to a range of experiments, including injection with other chemicals or cold seawater. 

The experiments showed that more oxygen — which is necessary for all life on Earth — was being created by the nodules than was being consumed. Scientists dubbed this output “dark oxygen.” 

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About half of the world’s oxygen comes from the ocean, but scientists previously believed it was entirely made by marine plants using sunlight for photosynthesis. Plants on land use the same process, where they absorb carbon dioxide and produce oxygen. But scientists for this study examined nodules about three miles underwater, where no sunlight can reach. 

This isn’t the first time attention has been drawn to the nodules. The chunks of metal are made of minerals like cobalt, nickel, manganese and copper that are necessary to make batteries. Those materials may be what causes the production of dark oxygen. 

“If you put a battery into seawater, it starts fizzing,” lead researcher Andrew Sweetman, a professor from the Scottish Association for Marine Science, told CBS News partner BBC News. “That’s because the electric current is actually splitting seawater into oxygen and hydrogen [which are the bubbles]. We think that’s happening with these nodules in their natural state.”

The metals on the nodules are valued in the trillions of dollars, setting of a race to pull the nodules up from the ocean’s depths in a process known as deep sea or seabed mining. Environmental activists have decried the practice.  

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Sweetman and other marine scientists worry that the deep sea mining could disrupt the production of dark oxygen and pose a threat to marine life that may depend on it. 

“I don’t see this study as something that will put an end to mining,” Sweetman told the BBC. “[But] we need to explore it in greater detail and we need to use this information and the data we gather in future if we are going to go into the deep ocean and mine it in the most environmentally friendly way possible.”



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Quantum computers teleport and store energy harvested from empty space

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Quantum computers teleport and store energy harvested from empty space

A quantum computing chip

IBM

Energy cannot be created from nothing, but physicists found a way to do the next best thing: extract energy from seemingly empty space, teleport it elsewhere and store it for later use. The researchers successfully tested their protocol using a quantum computer.

The laws of quantum physics reveal that perfectly empty space cannot exist – even places fully devoid of atoms still contain tiny flickers of quantum fields. In 2008, Masahiro Hotta at Tohoku University in Japan proposed that those flickers, together with the …

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What caused the hydrothermal explosion at Yellowstone National Park? A meteorologist explains

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What caused the hydrothermal explosion at Yellowstone National Park? A meteorologist explains


Yellowstone National Park visitors were sent running and screaming Tuesday when a hydrothermal explosion spewed boiling hot water and rocks into the air. No one was injured, but it has left some wondering: How does this happen and why wasn’t there any warning? 

The Weather Channel’s Stephanie Abrams said explosions like this are caused by underground channels of hot water, which also create Yellowstone’s iconic geysers and hot springs. 

“When the pressure rapidly drops in a localized spot, it actually forces the hot water to quickly turn to steam, triggering a hydrothermal explosion since gas takes up more space than liquid,” Abrams said Wednesday on “CBS Mornings.” “And this explosion can rupture the surface, sending mud and debris thousands of feet up and more than half a mile out in the most extreme cases.” 

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Tuesday’s explosion was not that big, Abrams said, “but a massive amount of rocks and dirt buried the Biscuit Basin,” where the explosion occurred.   

A nearby boardwalk was left with a broken fence and was covered in debris. Nearby trees were also killed, with the U.S. Geological Survey saying the plants “can’t stand thermal activity.” 

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“Because areas heat up and cool down over time, trees will sometimes die out when an area heats up, regrow as it cools down, but then die again when it heats up,” the agency said on X.

The USGS said it considers this explosion small, and that similar explosions happen in the national park “perhaps a couple times a year.” Often, though, they happen in the backcountry and aren’t noticed.

“It was small compared to what Yellowstone is capable of,” USGS Volcanoes said on X. “That’s not to say it was not dramatic or very hazardous — obviously it was. But the big ones leave craters hundreds of feet across.”

The agency also said that “hydrothermal explosions, “being episodes of water suddenly flashing to steam, are notoriously hard to predict” and “may not give warning signs at all.” It likened the eruptions to a pressure cooker.

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While Yellowstone sits on a dormant volcano, officials said the explosion was not related to volcanic activity. 

“This was an isolated incident in the shallow hot-water system beneath Biscuit Basin,” the USGS said. “It was not triggered by any volcanic activity.” 





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What happened to the Metaverse?

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What happened to the Metaverse?

S6
Ep135


What happened to the Metaverse?

Host Andrew Davidson is joined by technology experts Brian Benway and Jan Urbanek in a discussion about the Metaverse. Our experts shed light on the latest technological and hardware advancements and marketing strategies from Big Tech. What will it take for the Metaverse to gain mainstream popularity? Listen now to find out!

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Head over to Mintel’s LinkedIn to let us know what you think of today’s episode, and visit mintel.com to become a member of our free Spotlight community.

Visit the Mintel Store to explore all our technology research and buy a report today.

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Meet the Host

Andrew Davidson

SVP/Chief Insights Officer, Mintel Comperemedia.

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Meet the Guests

Brian Benway

Senior Analyst, Gaming and Entertainment, Mintel Reports US.

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Jan Urbanek

Senior Analyst, Consumer Technology, Mintel Reports Germany.

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For the latest in consumer and industry news, top trends and market perspectives, stay tuned to Mintel News featuring commentary from Mintel’s team of global category analysts.

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Archaeologists make stunning underwater discovery of ancient mosaic in sea off Italy

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Archaeologists make stunning underwater discovery of ancient mosaic in sea off Italy


More than 30,000 ancient coins found

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More than 30,000 ancient coins found off the coast of Italy

00:50

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Researchers studying an underwater city in Italy say they have found an ancient mosaic floor that was once the base of a Roman villa, a discovery that the local mayor called “stupendous.” 

The discovery was made in Bay Sommersa, a marine-protected area and UNESCO World Heritage Site off the northern coast of the Gulf of Naples. The area was once the Roman city of Baia, but it has become submerged over the centuries thanks to volcanic activity in the area. The underwater structures remain somewhat intact, allowing researchers to make discoveries like the mosaic floor. 

The Campi Flegrei Archaeological Park announced the latest discovery, which includes “thousands of marble slabs” in “hundreds of different shapes,” on social media

452639775-795071199481548-6552179372358771133-n.jpg
A part of the mosaic floor being excavated. 

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Edoardo Ruspantini


“This marble floor has been at the center of the largest underwater restoration work,” the park said, calling the research “a new challenge” and made “very complicated due to the extreme fragment of the remains and their large expansion.”

The marble floor is made of recovered, second-hand marble that had previously been used to decorate other floors or walls, the park said. Each piece of marble was sharpened into a square and inscribed with circles. The floor is likely from the third century A.D., the park said in another post, citing the style of the room and the repurposing of the materials as practices that were common during that time. 

452533330-795071436148191-6754360492272000857-n.jpg
The remains of collapsed walls that cover the mosaic floor. 

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Parco Archeologico Campi Flegrei


Researchers are working carefully to extract the marble pieces from the site, the park said. The recovery work will require careful digging around collapsed walls and other fragmented slabs, but researchers hope to “be able to save some of the geometries.” 

Once recovered, the slabs are being brought to land and cleaned in freshwater tanks. The marble pieces are then being studied “slab by slab” to try to recreate the former mosaic, the park said. 

452615453-795071266148208-4364365545620230344-n.jpg
Researchers work to rearrange the mosaic tiles after bringing them up from underwater. 

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Parco Archeologico Campi Flegrei


“The work is still long and complex, but we are sure that it will offer many prompts and great satisfactions,” the park said. 



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SpaceX fires up Starship engines ahead of fifth test flight

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SpaceX fires up Starship engines ahead of fifth test flight

SpaceX has just performed a static fire of the six engines on its Starship spacecraft as it awaits permission from the Federal Aviation Administration (FAA) for the fifth test flight of the world’s most powerful rocket.

The Elon Musk-led spaceflight company shared footage and an image of the test fire on X (formerly Twitter) on Thursday. It shows the engines firing up while the vehicle remained on the ground.

For flights, the Starship spacecraft is carried to orbit by the first-stage Super Heavy booster, which pumps out 17 million pounds of thrust at launch, making it the most powerful rocket ever built.

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The Super Heavy booster and Starship spacecraft — collectively known as the Starship — have launched four times to date, with the performance of each test flight showing improvements over the previous one.

The first one, for example, exploded shortly after lift off from SpaceX’s Starbase facility in Boca Chica, Texas, in April last year, while the second effort, which took place seven months later, achieved stage separation before an explosion occurred — an incident that was captured in dramatic footage. The third and fourth flights lasted much longer and achieved many of the mission objectives, including getting the Starship spacecraft to orbit.

The fifth test flight isn’t likely to take place until November at the earliest, according to a recent report. It will involve the first attempt to use giant mechanical arms to “catch” the Super Heavy booster as it returns to the launch area. SpaceX recently expressed extreme disappointment at the time that it’s taking the FAA to complete an investigation that will pave the way for the fifth Starship test, and has said that it’ll be ready to launch the vehicle within days of getting permission from the FAA.

Once testing is complete, NASA wants to use the Starship, along with its own Space Launch System rocket, to launch crew and cargo to the moon and quite possibly for destinations much further into space such as Mars. NASA is already planning to use a modified version of the Starship spacecraft to land the first astronauts in five decades on the lunar surface in the Artemis III mission, currently set for 2026.

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