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.
Technology
Google employees’ attempts to hide messages from investigators might backfire
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.”
“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.”
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.”
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.”
Science & Environment
Drones setting a new standard in ocean rescue technology
Last month, two young paddleboarders found themselves stranded in the ocean, pushed 2,000 feet from the shore by strong winds and currents. Thanks to the deployment of a drone, rescuers kept an eye on them the whole time and safely brought them aboard a rescue boat within minutes.
In North Carolina, the Oak Island Fire Department is one of a few in the country using drone technology for ocean rescues. Firefighter-turned-drone pilot Sean Barry explained the drone’s capabilities as it was demonstrated on a windy day.
“This drone is capable of flying in all types of weather and environments,” Barry said.
Equipped with a camera that can switch between modes — including infrared to spot people in distress — responders can communicate instructions through a speaker. It also can carry life-preserving equipment.
The device is activated by a CO2 cartridge when it comes in contact with water. Once triggered, it inflates into a long tube, approximately 26 inches long, providing distressed swimmers something to hold on to.
In a real-life rescue, after a 911 call from shore, the drone spotted a swimmer in distress. It released two floating tubes, providing the swimmer with buoyancy until help arrived.
Like many coastal communities, Oak Island’s population can swell from about 10,000 to 50,000 during the summer tourist season. Riptides, which are hard to detect on the surface, can happen at any time.
Every year, about 100 people die due to rip currents on U.S. beaches. More than 80% of beach rescues involve rip currents, if you’re caught in one, rescuers advise to not panic or try to fight it, but try to float or swim parallel to the coastline to get out of the current.
Oak Island Fire Chief Lee Price noted that many people underestimate the force of rip currents.
“People are, ‘Oh, I’m a good swimmer. I’m gonna go out there,’ and then they get in trouble,” Price said.
For Price, the benefit of drones isn’t just faster response times but also keeping rescuers safe. Through the camera and speaker, they can determine if someone isn’t in distress.
Price said many people might not be aware of it.
“It’s like anything as technology advances, it takes a little bit for everybody to catch up and get used to it,” said Price.
In a demonstration, Barry showed how the drone can bring a safety rope to a swimmer while rescuers prepare to pull the swimmer to shore.
“The speed and accuracy that this gives you … rapid deployment, speed, accuracy, and safety overall,” Price said. “Not just safety for the victim, but safety for our responders.”
Technology
Netflix teases its animated Splinter Cell series
It’s been quite some time since we heard anything about Netflix’s animated adaptation of Splinter Cell — but the streamer has finally provided some details on the show. The reveal comes in the form of a very brief teaser trailer, which shows a little bit of the show, but mostly showcases Liev Schreiber’s gravelly take on lead character Sam Fisher. We also have a proper name now: it’s called Splinter Cell: Deathwatch.
Science & Environment
Horseshoe crabs: Ancient creatures who are a medical marvel
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Technology
NYT Strands today — hints, answers and spangram for Friday, September 20 (game #201)
Strands is the NYT’s latest word game after the likes of Wordle, Spelling Bee and Connections – and it’s great fun. It can be difficult, though, so read on for my Strands hints.
Want more word-based fun? Then check out my Wordle today, NYT Connections today and Quordle today pages for hints and answers for those games.
SPOILER WARNING: Information about NYT Strands today is below, so don’t read on if you don’t want to know the answers.
NYT Strands today (game #201) – hint #1 – today’s theme
What is the theme of today’s NYT Strands?
• Today’s NYT Strands theme is… A way with words
NYT Strands today (game #201) – hint #2 – clue words
Play any of these words to unlock the in-game hints system.
- DIRTY
- STRICT
- POSE
- POSED
- DEAN
- DOSE
NYT Strands today (game #201) – hint #3 – spangram
What is a hint for today’s spangram?
• A bard’s domain
NYT Strands today (game #201) – hint #4 – spangram position
What are two sides of the board that today’s spangram touches?
First: left, 4th row
Last: right, 5th row
Right, the answers are below, so DO NOT SCROLL ANY FURTHER IF YOU DON’T WANT TO SEE THEM.
NYT Strands today (game #201) – the answers
The answers to today’s Strands, game #201, are…
- RHYME
- VERSE
- METER
- STANZA
- SYNTAX
- DICTION
- SCANSION
- SPANGRAM: POETRY
- My rating: Moderate
- My score: 2 hints
I’ve never been a fan of poetry, though I love words and language. Set it to music and it’s a different matter – and I guess the best lyricists are also poets. But ask me to talk about SCANSION and STANZAs and I’m a little lost. All of which is a way of justifying why I needed two hints to complete what for some people will probably be a fairly simple Strands puzzle.
I worked out what the theme was early on, with the clue of ‘A way with words’ and the fact that I found RHYME by accident combining to set me on the right track. But though I spotted a couple more, I couldn’t get them all without needing a helping hand for METER and STANZA. After that I spotted the spangram, and the others were solved pretty much by a combination of guesswork and my modicum of knowledge.
How did you do today? Send me an email and let me know.
Yesterday’s NYT Strands answers (Thursday 19 September, game #200)
- SPIDER
- MILLIPEDE
- BEETLE
- TERMITE
- EARWIG
- SPANGRAM: CREEPYCRAWLIES
What is NYT Strands?
Strands is the NYT’s new word game, following Wordle and Connections. It’s now out of beta so is a fully fledged member of the NYT’s games stable and can be played on the NYT Games site on desktop or mobile.
I’ve got a full guide to how to play NYT Strands, complete with tips for solving it, so check that out if you’re struggling to beat it each day.
Science & Environment
SpaceX to launch bitcoin entrepreneur and three crewmates on flight around Earth’s poles
A blockchain entrepreneur, a cinematographer, a polar adventurer and a robotics researcher plan to fly around Earth’s poles aboard a SpaceX Crew Dragon capsule by the end of the year, becoming the first humans to observe the ice caps and extreme polar environments from orbit, SpaceX announced Monday.
The historic flight, launched from the Kennedy Space Center in Florida, will be commanded by Chun Wang, a wealthy bitcoin pioneer who founded f2pool and stakefish, “which are among the largest Bitcoin mining pools and Ethereum staking providers,” the crew’s website says.
“Wang aims to use the mission to highlight the crew’s explorational spirit, bring a sense of wonder and curiosity to the larger public and highlight how technology can help push the boundaries of exploration of Earth and through the mission’s research,” SpaceX said on its website.
Wang’s crewmates are Norwegian cinematographer Jannicke Mikkelsen, Australian adventurer Eric Philips and Rabea Rogge, a German robotics researcher. All four have an interest in extreme polar environments and plan to carry out related research and photography from orbit.
The mission, known as “Fram2” in honor of a Norwegian ship used to explore both the Arctic and Antarctic regions, will last three to five days and fly at altitudes between about 265 and 280 miles.
“This looks like a cool & well thought out mission. I wish the @framonauts the best on this epic exploration adventure!” tweeted Jared Isaacman, the billionaire philanthropist who charted the first private SpaceX mission — Inspiration4 — and who plans to blast off on a second flight — Polaris Dawn — later this month.
The flights “showcase what commercial missions can achieve thanks to @SpaceX’s reusability and NASA’s vision with the commercial crew program,” Isaacman said. “All just small steps towards unlocking the last great frontier.”
Like the Inspiration4 mission before them, Wang and his crewmates will fly in a Crew Dragon equipped with a transparent cupola giving them a picture-window view of Earth below and deep space beyond.
No astronauts or cosmonauts have ever viewed Earth from the vantage point of a polar orbit, one tilted, or inclined, 90 degrees to the equator. Such orbits are favored by spy satellites, weather stations and commercial photo-reconnaissance satellites because they fly over the entire planet as it rotates beneath them.
The high-inclination record for piloted flight was set in the early 1960s by Soviet Vostok spacecraft launched into orbits inclined 65 degrees. The U.S. record was set by a space shuttle mission launched in 1990 that carried out a classified military mission in an orbit tilted 62 degrees with respect to the equator.
The International Space Station never flies beyond 51.6 degrees north and south latitude. NASA planned to launch a space shuttle on a classified military mission around the poles in 1986, but the flight was canceled in the wake of the Challenger disaster.
“The North and South Poles are invisible to astronauts on the International Space Station, as well as to all previous human spaceflight missions except for the Apollo lunar missions but only from far away,” the Fram2 website says. “This new flight trajectory will unlock new possibilities for human spaceflight.”
SpaceX has launched 13 piloted missions carrying 50 astronauts, cosmonauts and private citizens to orbit in nine NASA flights to the space station, three commercial visits to the lab and the Inspiration4 mission chartered by Isaacman.
Isaacman and three crewmates plan to blast off Aug. 26 on another fully commercial flight, this one featuring the first civilian spacewalks. NASA plans to launch its next Crew Dragon flight to the space station around Sept. 24.
Technology
Finally, a screen that goes anywhere
Today we’re launching a totally new, totally different app. Meet Orion.
Orion is a small, fun app that helps you use your iPad as an external HDMI display for any camera, video game console, or even VHS. Just plug in one of the bajillion inexpensive adapters, and Orion handles the rest.
But wait — we’re a camera company. Why an HDMI monitor?
We built this to scratch a few itches. First, in professional cinematography, it’s common to connect an external screen to your camera to get a better view of the action. Orion not only gives you a bigger screen, but you can even share screenshots with your crew with a couple of taps.
We also built this for… pure fun. When traveling with a Nintendo Switch, it’s a delight to play games on a bigger screen, especially alongside friends.
Orion goes a step beyond display. By default, inputs could look fuzzy on an iPad’s retina display. (Why? The Switch runs a modest 1080p resolution, and even if it ran at a higher resolution, most adapters on the market can only run 60 frames per second at 1080P.)
Orion sharpens those low resolution inputs with an AI powered upscaler!
Another perk is control over the brightness of the image beyond the iPad’s screen brightness. If you’re trying to view video in daylight, crank up brightness to HDR range for extra help. If you’re on a late-night flight and don’t want to bother anyone around you, make things darker than the iPad’s darkest.
OK, I hear you ask, but how much does all of this cost? A camera monitor is hundreds of dollars. Well, Orion is free. Yep, free.
If you want to support the app, get Orion Pro: It packs AI upscaling, CRT emulation for retro games, and image adjustments (and whatever else we cook up). It’s a one-time upgrade for $5. It unlocks everything. No subscriptions.
As for those adapters, we found plenty available for under $20. Now it’s easy to get confused and accidentally buy, say, a USB-C hub with video output, which can’t capture anything. (Ask me how I know.) That’s why we personally tested the top ten adapters on Amazon and made a helpful buying guide with our recommendations and some other accessories, too.
The Story of Orion
This summer, Apple announced a set of awesome new features coming to iOS 17, and one of them was external-webcam support on iPad. After digging into the feature for our flagship app, Halide, we weren’t satisfied with the results in a camera app.
However, we did discover that a ton of companies sell tiny, inexpensive adapters that convert HDMI signals into webcams. “What if you could use an iPad as a portable screen?” Hmm! Intriguing. We had an idea, and we got to work.
We wrote the first line of code on August 6th, we’re shipping September 20th — 45 days later.
We’re launching at the start of new iPhone season, so we’re already super busy and shifting our focus to our flagship iPhone photography app, Halide. Orion won’t distract us from that, because we’re calling it a b-side.
B-sides are small fun, small, and focused projects. Apps like Halide needs major work every year to keep up with new hardware, but we expect Orion will be “done” after a release or two. We’ll keep maintaining it so it doesn’t break, but we won’t revolve our lives around it. It’s a fun utility, and that’s why we’re only asking for a few bucks.
Beyond being fun to build and design, apps like Orion let us experiment with new developer tools earlier than in our flagship apps. In a mature app used by lots of people, it’s a good idea to wait a year or two before adopting a cutting edge technology; while Apple launched SwiftUI in 2019, but we waited until 2021 to add it to Halide. SwiftUI has been a huge win for certain types of problems— and we couldn’t have built Orion so quickly without it— but by waiting two years before adding SwiftUI it to Halide, we had to play a lot of catchup in 2021.
So apps like Orion allow us to scratch our own itch, which is how we got into building apps in the first place, and also help us keep up with where iOS is heading.
The Orion Video System Design
You might notice something about the styling of Orion — it’s very stylized in a… retro sort of way.
When we set off to design the app, we really wanted it to be fun. Starting with the basic idea—a portable screen—we thought of the era where televisions and video were still exciting, fresh technology. The techno-utopia of the early 1980s came to mind. We find this a delightful aesthetic.
Pastels, purples and pinks. Detailed technical illustrations and bright colors. Futuristic logos. Type that tracked far too tightly thanks to the invention of the photo-typesetter. And of course, the invention of bitmap typefaces and on-screen user interfaces and icons.
We didn’t want to just lean into the clichés—there are enough vaporwave sunsets with Deloreans out there that try to seem ’80s’— so went and developed a visual language that is based on the electronics brochures and VCR interfaces of bygone days that conveys ‘modern’ in a way only the 1980s visual vernacular can.
In Halide, we did everything we could to make the app feel as tactile as a real camera. Great cameras are wonderfully tactile — every knob and switch has a weighted, deliberate feel and click to it.
In Orion, we wanted to give you the joy of your own ‘video system’. That meant starting from the beginning: you open the box to unpack it. Because, well, why not.
Instructions follow, so you can get started quickly.
And when not actively in use, you return to a glowing, slightly distorted nostalgic place of on-screen menus, where our custom-made pixel font called Radiant steals the show.
If it wasn’t obvious, we had a lot of fun doing this. And that’s what really mattered to us: if anything, Orion was a project to collaborate with friends on something fun and different.
Thank you
We want to build things with craft, fun and delight. To showcase that apps are an art form, and have no business being boring. We hope you enjoy the result — we know that we loved building it for you. Thanks to you, we get to do what we love.
Get Orion here, and let us know what you think!
Acknowledgements
Orion was a collaboration with friends. Some of the incredible design and typography on display (and our two custom typefaces) are the work of Jelmar Geertsma. Orion was co-engineered with Anton Heestand. The opening music (yes, opening music) is by Cabel Sasser. Extra thanks go to Louie Mantia for bézier wrangling and our families — especially Margo — for supporting us in doing what we love. If you are still reading here, please consider leaving us a review on our apps — it goes a very long way.
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