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Facebook’s request to dismiss FTC’s antitrust lawsuit has been denied

A federal judge rules that the Federal Trade Commission’s revised complaint can move forward.

A federal judge on Tuesday rejected Facebook’s request to dismiss a revised antitrust complaint filed by the US Federal Trade Commission.

The amended lawsuit, which the FTC filed in August, accuses the tech company of unlawfully maintaining its dominance in social networking by acquiring or eliminating companies it sees as competitive threats. Facebook, which in October rebranded itself to Meta, owns popular photo service Instagram and messaging app WhatsApp.

The decision marks a legal setback for Facebook, although US District Judge James Boasberg also noted that the FTC «may face a tall task down the road in proving its allegations.» The judge also narrowed the scope of the case by not allowing the agency to move forward with accusations that Facebook’s interoperability policies for developers helped the social media giant maintain its dominance. Facebook got rid of those policies in 2018, he said.

Last year, Boasberg dismissed an antitrust complaint filed by the FTC in 2020, saying the agency hadn’t provided enough evidence that Facebook has monopoly power in personal social networking. What constitutes a social network is «hardly crystal clear,» the judge said, noting that Facebook’s services are free to consumers. The FTC then revised the lawsuit and included more data and evidence to support its allegations that Facebook is a monopolist that abused its market power to harm its rivals. Facebook’s purchase of Instagram and WhatsApp lead to poorer services with decreased privacy and data protection along with fewer consumer choices, the FTC alleged.

In a 48-page opinion filed Tuesday, Boasberg said the FTC had cleared the bar for the case to move forward, saying the agency has «now alleged enough facts» to establish that Facebook possesses monopoly power it’s held onto by snapping up its rivals.

In the amended complaint, the FTC cites data from Comscore that shows the number of monthly active users Facebook and Instagram have in the US and the amount of time they spend on the app daily. The FTC also defined personal social networking, noting that the services «enable and are used by people to maintain personal relationships and share experiences with friends, family, and other personal connections in a shared social space.» Twitter, Reddit, Pinterest, YouTube, Spotify, Netflix and Hulu are different from personal social networks for various reasons, the agency said.

Facebook questioned the accuracy of the data, but the judge said it would be «improper» to dismiss the revised complaint because it doesn’t include «perfect data (which may not exist)» about the amount of time Facebook and Instagram users spend interacting with friends and family as opposed to watching content such as music videos.

The court also rejected Facebook’s argument that FTC Chairwoman Lina Khan should have recused herself from participating in the commission’s vote to refile the lawsuit. The FTC filed its original complaint in December 2020, before Khan joined the commission in June.

«Although the Court recognizes the importance of her vote, it is an exaggeration to treat Kahn as the sole instigator of the current case,» Boasberg said in the opinion.

A spokesperson for Meta, formerly known as Facebook, said «the evidence will reveal the fundamental weakness of the claims»
made by the FTC. «Our investments in Instagram and WhatsApp transformed them into what they are today. They have been good for competition, and good for the people and businesses that choose to use our products,» the spokesperson said.

Holly Vedova, director of the FTC’s Bureau of Competition said the «FTC staff presented a strong amended complaint, and we look forward to trial.»

Technologies

Apple Gave Us the Neo, Now It Might Be Planning a High-End MacBook Ultra

The company might launch its most sophisticated MacBook ever, with its first OLED screen.

Apple went budget with the MacBook Neo. Now reportedly the company is preparing to go high end, and high price.

Apple is gearing up to launch a MacBook «Ultra» in the fall, outfitted with the first OLED display in MacBook history, according to a report from Bloomberg’s Mark Gurman.

Gurman says the new laptop will have a touchscreen and new M6 chips. Last month, Bloomberg reported that Apple could be launching its first touchscreen MacBook — with a Dynamic Island. The Dynamic Island is a feature on more recent iPhone models — iPhone 14 and later — that’s shaped like a long horizontal pill atop the screen and shows alerts, notifications, timers and music.

It if happens, the Ultra would be at the opposite end of the cost spectrum from the Neo, which Apple launched earlier this month for $599 as a rival to Chromebooks and Windows laptops in the same price range. Gurman says the MacBook Ultra could cost 20 percent more than the new MacBook Pro (M5 series), which Apple lists at $1,699.

If you want to read more about the new Neo, CNET has been all over it: Here’s why students might love it, the colors we liked and didn’t like and why the Neo is a really is a game-changer.

Gurman suggested that Apple might keep selling the M5 series MacBook Pro even after the Ultra launches. That would give the company a wider range of MacBooks at various costs — the Neo ($599), the Air (starting at $1,099), the Pro ($1,699) and the Ultra. 

Tech analyst Paolo Pescatore said adding the premium MacBook Ultra would «signal a clear shift in strategy» for Apple.

«If this turns out to be the case, then Apple appears to be stretching the Mac further upmarket,» Pescatore told CNET. «The opportunity is to drive higher spending and keep premium users firmly within Apple’s ecosystem. The challenge will be avoiding confusion, especially if the lines between MacBook Pro and iPad Pro become even more blurred.»

Gurman also said that Apple’s first foldable iPhone, rumored to be launched later this year, might be called the «iPhone Ultra.»

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Technologies

AI Is One of the Least-Liked Things in America, According to New NBC Poll

The poll finds that AI is viewed less positively than ICE and President Donald Trump, and only more positively than Iran and the Democratic Party.

Artificial intelligence has rapidly become embedded in everything from phones to schoolwork to war plans. And that means everyone is likely to have an opinion about the technology. 

A new national survey conducted for NBC News highlights a striking disconnect between the spread of AI tools and Americans’ views on them. The poll, which ran from Feb. 27 to March 3, asked 1,000 registered voters about their views on topics ranging from border security to the new pope. 

Only 26% of voters said they view AI positively, 46% view it negatively, and 28% said they feel unsure or have no opinion, leaving AI with a net favorability of -20. In the study, AI ranked less favorably than US Immigration and Customs Enforcement, President Donald Trump, former Vice President Kamala Harris, the Republican Party and The Late Show host Stephen Colbert. (Pope Leo XIV was by far the most popular person respondents were asked about.) 

Among the rankings, AI is one of the least popular topics in the survey — ranking only slightly more positively than Iran and the Democratic Party.

A growing disconnect between AI and public opinion

There is a notable disconnect between the industry’s ongoing push for AI adoption and how Americans feel about it. 

Tech companies are currently investing millions of dollars into developing generative AI tools and physical AI. In the last week alone, OpenAI released its latest GPT 5.4 model and AI companies made moves to work with the US Department of Defense. At the same time, Americans are growing increasingly wary of the technology.

The mismatch between adoption and public sentiment seems to be driven by concerns about AI’s broader impact, such as job displacement, privacy issues, the spread of misinformation and the undermining of human-made work. 

For companies and policymakers going all in on AI, the biggest challenge will be less about developing the next slew of innovative chatbot models or AI devices and more about persuading the public that the technology can be trusted. 

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Technologies

Just $30 Will Get You 3 Months of the 5GB Mint Mobile Phone Plan

Finding a phone plan for $10 a month was impossible until this Mint Mobile deal came along.

If you told me I could get a three-month cell plan for just $30, I probably wouldn’t believe you. But that’s exactly what Mint Mobile is offering right now. If you pay for three months of 5GB cell service upfront, you can score it for just $30.  

New customers to Mint Mobile can score a 5GB wireless plan for just $10 per month for the first three months. The only catch is you have to use the code 5GB10 and pay $30 upfront for the full term. The usual price is $45 for three months, meaning this is a 33% discount. 

After the three-month period, the plan renews at $25 per month for three months. If you really like the plan, you can opt for the six-month version, which can lower the monthly cost to $20. You can also track your data usage in the Mint Mobile app and switch to a better-suited data plan when it’s time to renew.

Don’t forget a new phone to go with your new phone plan. Take a look at the best phone deals you can score right now. 

Why this deal matters

It seems like everything is becoming more and more expensive these days. That’s why saving wherever you can makes a huge difference. The phone bill is one thing that is here to stay, and that’s why this deal of $10 per month is really unbeatable. Just keep in mind you’ll have to pay the full three months upfront. But even that is just $30 total. Be sure to use code 5GB10 for the discount. 

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