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A federal appeals court has ordered a judge to dismiss the government's case against former National Security Adviser Michael Flynn, marking an abrupt end to a years-long legal fight.The New York Times and CNN confirmed the ruling Wednesday morning.Flynn pleaded guilty to lying to the FBI in 2017 about his conversations with then-Russian Ambassador Sergey Kislyak as President Donald Trump prepared to take office after winning the 2016 election. He attempted to withdraw his guilty plea earlier this year, and in May, the Justice Department dropped all charges against him.Upon the Justice Department's decision, the judge in the case, Judge Emmet Sullivan, chose not to dismiss the case immediately. Instead, he sought counsel from the court of appeals. On Wednesday, a panel of three judges ruled that Sullivan did not have adequate reason to question the Justice Department's decision. 899

A former Google engineer is accusing the company of firing him after he spoke out about incidents of racism, sexism and harassment.Tim Chevalier is suing Google for retaliation, wrongful termination and failure to prevent discrimination and harassment, according to a lawsuit filed in San Francisco on Wednesday.Silicon Valley -- and Google in particular -- has been shaken by fierce debates over diversity issues. Highly charged arguments between Google employees have at times burst into public view as the company wrestles with how to address the concerns.The lawsuit by Chevalier, who identifies as transgender and disabled, claims Google's culture is discriminatory. He alleges that some employees use the company's internal social-networking and messaging systems to belittle and bully women, people of color and LGBTQ colleagues."Chevalier pushed back on the online bullying he and others were experiencing, using the same internal messaging systems to try to educate his employer and coworkers on how to change Google's working conditions to be inclusive and supportive of underrepresented minorities, such as himself," the lawsuit says.His lawsuit alleges that rather than trying to address the concerns he was raising about other employees' behavior, Google fired him in November, citing the political nature of his posts."It is a cruel irony that Google attempted to justify firing me by claiming that my social networking posts showed bias against my harassers," Chevalier said in a statement provided by his lawyers. "The anti-discrimination laws are meant to protect marginalized and underrepresented groups -- not those who attack them."Google spokeswoman Gina Scigliano declined to comment directly on Chevalier's allegations. She said that lively debate is important to Google's culture, but that there are limits."All employees acknowledge our code of conduct and other workplace policies, under which promoting harmful stereotypes based on race or gender is prohibited," Scigliano said in a statement. "This is a very standard expectation that most employers have of their employees. The overwhelming majority of our employees communicate in a way that is consistent with our policies. But when an employee does not, it is something we must take seriously. We always make our decision without any regard to the employee's political views."In the lawsuit, which was first reported by tech news site Gizmodo, Chevalier alleges that some Googlers would call coworkers "immoral" because of their sexual orientation. Employees also questioned the competency of women and minorities on internal message boards, he said."Company social networking forums can be incredibly useful, but employers have an obligation to prevent them from becoming a cesspool of bullying and harassment," David Lowe, an attorney for Chevalier, said in a statement. "Firing the employee who pushed back against the bullies was exactly the wrong step to take."Debates inside Google about diversity issues erupted in August when one of the company's senior engineers at the time, James Damore, published a controversial memo claiming women are underrepresented in technology because of psychological and biological differences, not sexism.In his memo, Damore claimed to "value diversity and inclusion," but he took issue with Google's approach, which he described as overly political and alienating to "non-progressives."Damore, who was fired over the controversy, and another former Google engineer, David Gudeman, are suing the company, alleging that it discriminates against white men and conservatives.Chevalier waded into the internal debates over Damore's memo last summer, according to his lawsuit. It says that in September, a Google human resources representative spoke with Chevalier about some of his emails and posts on internal forums regarding the memo and other politically charged subjects.Google is also facing a gender-pay lawsuit claiming the company paid women less than their male counterparts.  4016

A Black man who says he was unjustly arrested because facial recognition technology mistakenly identified him as a suspected shoplifter is calling for a public apology from Detroit police. And for the department to abandon its use of the controversial technology.The complaint by Robert Williams is a rare challenge from someone who not only experienced an erroneous face recognition hit, but was able to discover that it was responsible for his subsequent legal troubles.The Wednesday complaint filed on Williams' behalf alleges that his Michigan driver license photo — kept in a statewide image repository — was incorrectly flagged as a likely match to a shoplifting suspect. Investigators had scanned grainy surveillance camera footage of an alleged 2018 theft inside a Shinola watch store in midtown Detroit, police records show.That led to what Williams describes as a humiliating January arrest in front of his wife and young daughters on their front lawn in the Detroit suburb of Farmington Hills.Related: Detroit demonstrators calling for city to cease use of facial recognition technology“I can’t really even put it into words," Williams said in a video announcement describing the daytime arrest that left his daughters weeping. "It was one of the most shocking things that I ever had happen to me.”The 42-year-old automotive worker, backed by the American Civil Liberties Union, is demanding a public apology, final dismissal of his case and for Detroit police to scrap its use of facial recognition technology. Several studies have shown current face-recognition systems more likely to err when identifying people with darker skin.The ACLU complaint said Detroit police “unthinkingly relied on flawed and racist facial recognition technology without taking reasonable measures to verify the information being provided." It called the resulting investigation “shoddy and incomplete," the officers involved “rude and threatening,” and said the department has dragged its feet responding to public-information requests for relevant records.Detroit police and Wayne County prosecutors didn't immediately return emailed requests for comment Wednesday.Related: Detroit police board votes to approve DPD's use of facial recognition technologyDataWorks Plus, a South Carolina company that provides facial recognition technology to Detroit and the Michigan State Police, also couldn't immediately be reached for comment.Police records show the case began in October 2018 when five expensive watches went missing from the flagship store of Detroit-based luxury watchmaker Shinola. A loss-prevention worker later reviewed the video footage showing the suspect to be a Black man wearing a St. Louis Cardinals baseball cap.“Video and stills were sent to Crime Intel for facial recognition,” says a brief police report. “Facial Recognition came back with a hit" — for Williams.At the top of the facial recognition report, produced by Michigan State Police, was a warning in bold, capitalized letters that the computer's finding should be treated as an investigative lead, not as probable cause for arrest.But Detroit detectives then showed a 6-photo lineup that included Williams to the loss-prevention worker, who positively identified Williams, according to the report. It took months for police to issue an arrest warrant and several more before they called Williams at work and asked him to come to the police department. It's not clear why.Williams said he thought it was a prank call. But they showed up soon after at his house, took him away in handcuffs and detained him overnight. It was during his interrogation the next day that it became clear to him that he was improperly identified by facial recognition software.“The investigating officer looked confused, told Mr. Williams that the computer said it was him but then acknowledged that ‘the computer must have gotten it wrong,’” the ACLU complaint says.Prosecutors later dismissed the case, but without prejudice — meaning they could potentially pursue it again.The case is likely to fuel a movement in Detroit and around the U.S. protesting police brutality, racial injustice and the death of George Floyd at the hands of police in Minneapolis. Detroit activists have presented reforms to the city's mayor and police chief that include defunding the police department and ending its use of facial recognition.Providers of police facial recognition systems often point to research showing they can be accurate when used properly under ideal conditions. A review of the industry’s leading facial recognition algorithms by the National Institute of Standards and Technology found they were more than 99% accurate when matching high-quality head shots to a database of other frontal poses.But trying to identify a face from a video feed — especially using the ceiling-mounted cameras commonly found in stores — can cause accuracy rates to plunge. Studies have also shown that face recognition systems don't perform equally across race, gender and age — working best on white men and with potentially harmful consequences for others.Concerns about bias and growing scrutiny of policing practices following Floyd's death led tech giants IBM, Amazonand Microsoft to announce earlier this month they would stop selling face recognition software to police, at least until Congress can establish guidelines for its use. Several cities, led by San Francisco last year, have banned use of facial recognition by municipal agencies. 5490

A co-author of a criminal justice textbook that included convicted sexual assailant Brock Turner’s photo next to the section titled “Rape” is standing by their decision.Last week, a student at Washington State University posted a photo of the book page on Facebook, and it has since been shared over 100,000 times.Callie Rennison, a University of Colorado Denver School of Public Affairs professor and co-author of “Introduction to Criminal Justice: Systems, Diversity and Change,” said that the vast majority of reaction she’s received has been positive. However, critics have said that even though Turner’s crimes may fit the FBI definition of rape, he was not convicted of rape as defined by California law—instead he was convicted of sexual assault.Currently, the federal definition states that if there’s penetration “with any object, any body part, that’s not consensual, then that’s rape,” Rennison said. “Brock Turner was convicted of a penetration offense and under these definitions that’s rape.”Rennison also points out that critics may not have read the entire section of the book and missed some key context.“That particular section is about how definitions change over time,” Rennison said.In fact, California did alter their definition of rape, in part due to Turner's case.She says they will still add even more context in upcoming editions of the book, a fact the publisher confirmed, as well.She contends that the reason Turner’s image was used in the first place was to keep the curriculum current and thus relatable to students in 2017.“This is who students know and students talk about,” she said. “Contemporary references are a must. Looking at older books students aren’t engaged. They don’t think it applies to them in their world.”She also hopes it starts a larger conversation about punishment. Turner’s six-month sentence—of which he served three months—was widely covered in the media.“This allows us to have the discussion about what is the time most people serve for this, and students are shocked to learn that often it's nothing.”Rennison said she and her co-author, Mary Dodge, are the first all-female team of authors to pen a criminal justice textbook.Turner’s attorney, Mike Armstrong, declined to comment for the story, and attempts to reach Turner’s parents were unsuccessful. 2332

A majority of voters in Puerto Rico approved a non-binding referendum that supports elevating the island territory to statehood status.The referendum narrowly passed by a 52-48 margin.The question was not the first time voters weighed in on Puerto Rico statehood. Most recently, 97% of voters approved statehood in 2017, but the vote was boycotted by opposition parties.Several previous referenda were not a straight up statehood vote.Given Puerto Rico’s status, the territory does not vote on US senators or representatives, although the territory elects a non-voting member who can serve on committees. Puerto Rico also does not get a vote in the presidential general election, but the territory does get a say in the Democratic and Republican primaries.While Democrats would likely welcome the opportunity to make Puerto Rico a state, the likelihood of there being enough political support for Puerto Rico to be the 51st state is still doubtful. 956