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United States

EPA Proposes 'Forever Chemicals' Be Considered Hazardous Substances (npr.org) 51

An anonymous reader quotes a report from NPR: The Environmental Protection Agency is proposing that nine PFAS, also known as "forever chemicals," be categorized as hazardous to human health. The EPA signed a proposal Wednesday that would deem the chemicals "hazardous constituents" under the Resource Conservation and Recovery Act. For the agency to consider a substance a hazardous constituent, it has to be toxic or cause cancer, genetic mutation or the malformations of an embryo. The full list of the nine substances can be found here.

The agency cited various studies in which forever chemicals were found to cause a litany of "toxic effects" in humans and animals, including, but not limited to cancer, a decreased response to vaccinations, high cholesterol, decrease in fertility in women, preeclampsia, thyroid disorders and asthma, the EPA said. Short for "per-and polyfluoroalkyl substances," PFAS cover thousands of man-made chemicals. PFAS are often used for manufacturing purposes, such as in nonstick cookware, adhesives, firefighting foam, turf and more. PFAS have been called "forever chemicals" because they break down very slowly and can accumulate in people, animals and the environment.
Further reading: 'Forever Chemicals' Taint Nearly Half of US Tap Water, Study Estimates
Crime

YouTube, Discord, and Lord of the Rings Led Police To a Teen Accused of a US Swatting Spree (wired.com) 60

An anonymous reader quotes a report from Wired: A California teenager prosecutors say is responsible for hundreds of swatting attacks around the United States was exposed after law enforcement pieced together a digital trail left on some of the internet's largest platforms, according to court records released this week. Alan Winston Filion, a 17-year-old from Lancaster, California, faces four felony charges in Florida's Seminole County related to swatting, or fake threats called into the police to provoke a forceful response, according to Florida state prosecutors. Police arrested Filion on January 18, and he was extradited to Seminole County this week.

Filion's arrest, first reported by WIRED on January 26, marks the culmination of a multi-agency manhunt for the person police claim is responsible for swatting attacks on high schools, historically black colleges and universities, mosques, and federal agents, and for threats to bomb the Pentagon, members of the United States Senate, and the US Supreme Court. Ultimately, a YouTube channel, Discord chats, and usernames related to The Lord of the Rings helped lead authorities to Filion's doorstep.

Florida prosecutors charged Filion with four felony counts, including three related to allegedly making false reports to law enforcement and one for unlawful use of a two-way radio for "facilitating or furthering an act of terrorism" that authorities say targeted people based on race, religion, or other protected classes. While prosecutors alleged that Filion "is responsible for hundreds of swatting and bomb threat incidents throughout the United States," the charges Filion faces relate to a single May 12, 2023, swatting attack against the Masjid Al Hayy Mosque in Sanford, Florida. [...] At 2 pm EST on Wednesday, Filion shuffled into a Seminole County courtroom and stood quietly as the judge read the charges against him. He is currently being held without bond.

Media

Joe Rogan Gets New Spotify Deal Worth Up To $250 Million (wsj.com) 134

Spotify has reached a new deal with star podcaster Joe Rogan that will allow his hit show to be distributed broadly. From a report: Rogan's fresh deal, estimated to be worth as much as $250 million over its multiyear term, involves an upfront minimum guarantee, plus a revenue sharing agreement based on ad sales. Under the new licensing agreement, Spotify will sell ads for and distribute "The Joe Rogan Experience" across several podcast platforms, including in a video format on YouTube, the company said Friday. Under his previous deal, the show was exclusive to Spotify. The new deal is emblematic of shifting economics in podcasting, which has matured in both audience reach and advertising spending since Rogan's last deal. Spotify is working to revise the terms of its deals with top talent so that shows are distributed on several platforms to maximize their audience and ad sales, rather than requiring exclusivity.
AI

Mark Zuckerberg Explains Why Meta Open-Sources Its AI 36

Mark Zuckerberg explaining why Meta open-sources its AI on an earnings call Thursday: I know that some people have questions about how we benefit from open sourcing, the results of our research and large amounts of compute. So I thought it might be useful to lay out the strategic benefits here. The short version is that open sourcing improves our models. And because there's still significant work to turn our models into products because there will be other open-source models available anyway, we find that there are mostly advantages to being the open-source leader, and it doesn't remove differentiation for our products much anyway. And more specifically, there are several strategic benefits.

First, open-source software is typically safer and more secure as well as more compute-efficient to operate due to all the ongoing feedback, scrutiny and development from the community. Now this is a big deal because safety is one of the most important issues in AI. Efficiency improvements and lowering the compute costs also benefit everyone, including us.

Second, open-source software often becomes an industry standard. And when companies standardize on building with our stack, that then becomes easier to integrate new innovations into our products. That's subtle, but the ability to learn and improve quickly is a huge advantage. And being an industry standard enables that.

Third, open source is hugely popular with developers and researchers. And we know that people want to work on open systems that will be widely adopted. So this helps us recruit the best people at Meta, which is a very big deal for leading in any new technology area. And again, we typically have unique data and build unique product integrations anyway, so providing infrastructure like Llama as open source doesn't reduce our main advantage. This is why our long-standing strategy has been to open source general infrastructure and why I expect it to continue to be the right approach for us going forward.
Crime

Ex-CIA Software Engineer Sentenced To 40 Years For Giving Secrets To WikiLeaks (theguardian.com) 147

Joshua Schulte, a former CIA software engineer, was sentenced to 40 years in prison on Thursday for carrying out the largest theft of classified information in the agency's history and possessing child pornography. The Guardian reports: The 40-year sentence by US district judge Jesse Furman was for "crimes of espionage, computer hacking, contempt of court, making false statements to the FBI, and child pornography," federal prosecutors said in a statement. The judge did not impose a life sentence as sought by prosecutors. Joshua Schulte was convicted in July 2022 on four counts each of espionage and computer hacking and one count of lying to FBI agents, after giving classified materials to the whistleblowing agency WikiLeaks in the so-called Vault 7 leak. Last August, a judge mostly upheld the conviction.

WikiLeaks in March 2017 began publishing the materials, which concerned how the CIA surveilled foreign governments, alleged extremists and others by compromising their electronics and computer networks. Prosecutors characterized Schulte's actions as "the largest data breach in the history of the CIA, and his transmission of that stolen information to WikiLeaks is one of the largest unauthorized disclosures of classified information" in US history. Prosecutors also said Schulte received thousands of images and videos of child sexual abuse, and that they found the material in Schulte's New York apartment, in an encrypted container beneath three layers of password protection, during the CIA leaks investigation.

Youtube

YouTube Says It Has More Than 100 Million Premium and Music Subscribers (variety.com) 48

YouTube has announced it has surpassed 100 million YouTube Music and YouTube Premium subscribers globally. Variety reports: The 100 million figure includes uses who are on free trials, according to YouTube. The company didn't break down how many are on YouTube Music versus YouTube Premium, the subscription service for ad-free viewing, background listening, offline video downloads and full access to YouTube Music. In November 2022, the company said YouTube Music and YouTube Premium topped 80 million paying subscribers combined.

The announcement comes after Alphabet, in reporting fourth-quarter 2023 earnings, boasted that YouTube and Google subscription services generated more than $15 billion in revenue last year. That includes YouTube Premium and YouTube Music, as well as YouTube TV and Google One cloud storage.

The Almighty Buck

Snap Is Recalling and Refunding Every Drone It Ever Sold (theverge.com) 39

Snap is recalling all 71,000 of its Pixy flying selfie camera drones because their batteries pose a fire hazard. The Verge reports: Snap and the US Consumer Product Safety Commission say you should "immediately stop using the Pixy Flying Camera, remove the battery and stop charging it" now that there have been four reports of the battery bulging, one fire, and one "minor injury." Then, you can get a full refund for the entire drone and / or any batteries you own -- sounds like we're talking at least $185 back to you, unless you bought it on sale. You don't need a receipt: you can apply for the refund even if you got it as a gift. You can fill out this form to receive a prepaid return label to return the drone. Snap says you will need to safely dispose of the batteries yourself.
United States

Biden To Offer $1.5 Billion Loan To Restart Michigan Nuclear Power Plant (yahoo.com) 275

The Biden administration is poised to lend $1.5 billion for what what would be the first restart of a shuttered US nuclear reactor, the latest sign of strengthening federal government support for the atomic industry. Bloomberg: The funding, which is set to get conditional backing from the US Energy Department, will be offered as soon as next month to closely held Holtec International to restart its Palisades nuclear plant in Michigan, according to people familiar with the matter. Holtec has said a restart of the reactor is contingent on a federal loan. Without such support, the company has said it would decommission the site.

The financing comes as the Biden administration prioritizes maintaining the nation's fleet of nuclear plants to help meet its ambitious climate goals -- including a plan to decarbonize the electricity grid by 2035. More than a dozen reactors have closed since 2013 amid competition from cheaper power from natural gas and renewables, and the Energy Department has warned that as many of half of the nation's nuclear reactors are at risk of closing due to economic factors.

Movies

Hulu Is Cracking Down On Password Sharing, Just Like Disney Plus and Netflix 62

Hulu updated its Terms of Service to explicitly ban password sharing outside of "your primary personal residence." Subscribers will need to comply by March 14th, 2024. Here's the new ToS section in full: m. Account Sharing. Unless otherwise permitted by your Service Tier, you may not share your subscription outside of your household. "Household" means the collection of devices associated with your primary personal residence that are used by the individuals who reside therein. Additional usage rules may apply for certain Service Tiers. For more details on our account sharing policy, please visit our Help Center.

We may, in our sole discretion, analyze the use of your account to determine compliance with this Agreement. If we determine, in our sole discretion, that you have violated this Agreement, we may limit or terminate access to the Service and/or take any other steps as permitted by this Agreement (including those set forth in Section 6 of this Agreement). You will be responsible for any use of your account by your household, including compliance with this section.
The Verge reports: The new ToS is dated January 25th, 2024; previous versions of the ToS didn't mention account sharing at all. "We're adding limitations on sharing your account outside of your household, and explaining how we may assess your compliance with these limitations," the most important paragraph reads.

Neither the email nor the ToS say how Hulu will measure compliance or how quickly it'll take action, but Hulu will apparently "analyze the use of your account" and it reserves the right to "limit or terminate access" if it decides you've broken the policy. The ToS also suggests there's more info about its account sharing policy at the Hulu Help Center, but we're not seeing any help articles about account sharing right now.
Netflix started cracking down on password sharing in the U.S. last May, resulting in the "four single largest days of U.S. user sign-ups since January 2019." The streaming giant later went on to add 2.6 million U.S. subscribers.

Disney Plus enacted a similar plan a few months later.
Supercomputing

Investors Threw 50% Less Money At Quantum Last Year (theregister.com) 32

Dan Robinson reports via The Register: Quantum companies received 50 percent less venture cap funding last year as investors switched to generative AI or shied away from risky bets on Silicon Valley startups. Progress in quantum computing is being made, but practical applications of the technology are still likely years away. Investment in quantum technology reached a high of $2.2 billion in 2022, as confidence (or hype) grew in this emerging market, but that funding fell to about $1.2 billion last year, according to the latest State of Quantum report, produced by The Quantum Insider, with quantum computing company IQM, plus VCs OpenOcean and Lakestar. The picture is even starker in the US, where there was an 80 percent decline in venture capital for quantum, while the APAC region dropped by 17 percent, and EMEA grew slightly by three percent.

But the report denies that we have reached a "quantum winter," comparable with the "AI winter" periods of scarce funding and little progress. Instead, the quantum industry continues to progress towards useful quantum systems, just at a slower pace, and the decline in funding must be seen as part of broader venture capital trends, it insists. "Calendar year 2023 was an interesting year with regards to quantum," Heather West, research manager for Quantum Computing, Infrastructure Systems, Platforms, and Technology at IDC told The Register. "With the increased interest in generative AI, we started to observe that some of the funding that was being invested into quantum was transferred to AI initiatives and companies. Generative AI was seen as the new disruptive technology which end users could use immediately to gain an advantage or value, whereas quantum, while expected to be a disruptive technology, is still very early in development," West told The Register.

Gartner Research vice president Matthew Brisse agreed. "It's due to the slight shift of CIO priorities toward GenAI. If organizations were spending 10 innovation dollars on quantum, now they are spending five. Not abandoning it, but looking at GenAI to provide value sooner to the organization than quantum," he told us. Meanwhile, venture capitalists in America are fighting shy of risky bets on Silicon Valley startups and instead keeping their powder dry as they look to more established technology companies or else shore up their existing portfolio of investments, according to the Financial Times.

China

FBI Director Warns Chinese Hackers Aim To 'Wreak Havoc' On US Critical Infrastructure (nbcnews.com) 98

"China's hackers are positioning on American infrastructure in preparation to wreak havoc and cause real-world harm to American citizens and communities, if or when China decides the time has come to strike," said FBI Director Christopher Wray in a prepared testimony before the House Select Committee on the Chinese Communist Party. NBC News reports: Wray also argued that "there has been far too little public focus" that Chinese hackers are targeting critical infrastructure in the U.S. such as water treatment plants, electrical grids, oil and natural gas pipelines, and transportation systems, according to the prepared remarks. "And the risk that poses to every American requires our attention -- now," his prepared testimony said.

As Wray testified, the Justice Department and FBI announced they had disabled a Chinese hacking operation that had infected hundreds of small office and home routers with botnet malware that targeted critical infrastructure. The DOJ said the hackers, known to the private sector as "Volt Typhoon," used privately owned small routers that were infected with "KV botnet" malware to conceal further Chinese hacking activities against U.S. and foreign victims. Wray addressed the malware in his testimony, emphasizing that it targets critical infrastructure in the U.S. [...]

At Wednesday's hearing, the director of the federal Cybersecurity and Infrastructure Security Agency, Jen Easterly, testified that Americans should expect efforts by China to wage influence campaigns online relating to the 2024 election. However, Easterly added that she was confident that voting systems and other election infrastructure are well-defended. "To be very clear, Americans should have confidence in the integrity of our election infrastructure because of the enormous amount of work that's been done by state and local election officials, by the federal government, by vendors, by the private sector since 2016," Easterly said in her testimony.

Wray emphasized in the remarks that the "cyber onslaught" of Chinese hackers "goes way beyond prepositioning for future conflict," saying in the prepared remarks that every day the hackers are "actively attacking" U.S. economic security, engaging in "wholesale theft of our innovation, and our personal and corporate data." "And they don't just hit our security and economy. They target our freedoms, reaching inside our borders, across America, to silence, coerce, and threaten our citizens and residents," the excerpts said.

AI

Mistral Confirms New Open Source AI Model Nearing GPT-4 Performance (venturebeat.com) 18

An anonymous reader quotes a report from VentureBeat: The past few days have been a wild ride for the growing open source AI community -- even by its fast-moving and freewheeling standards. Here's the quick chronology: on or about January 28, a user with the handle "Miqu Dev" posted a set of files on HuggingFace, the leading open source AI model and code sharing platform, that together comprised a seemingly new open source large language model (LLM) labeled "miqu-1-70b." The HuggingFace entry, which is still up at the time of this article's posting, noted that new LLM's "Prompt format," how users interact with it, was the same as Mistral, the well-funded open source Parisian AI company behind Mixtral 8x7b, viewed by many to be the top performing open source LLM presently available, a fine-tuned and retrained version of Meta's Llama 2.

The same day, an anonymous user on 4chan (possibly "Miqu Dev") posted a link to the miqu-1-70b files on 4chan, the notoriously longstanding haven of online memes and toxicity, where users began to notice it. Some took to X, Elon Musk's social network formerly known as Twitter, to share the discovery of the model and what appeared to be its exceptionally high performance at common LLM tasks (measured by tests known as benchmarks), approaching the previous leader, OpenAI's GPT-4 on the EQ-Bench. Machine learning (ML) researchers took notice on LinkedIn, as well. "Does 'miqu' stand for MIstral QUantized? We don't know for sure, but this quickly became one of, if not the best open-source LLM," wrote Maxime Labonne, an ML scientist at JP Morgan & Chase, one of the world's largest banking and financial companies. "Thanks to @152334H, we also now have a good unquantized version of miqu here: https://lnkd.in/g8XzhGSM. Quantization in ML refers to a technique used to make it possible to run certain AI models on less powerful computers and chips by replacing specific long numeric sequences in a model's architecture with shorter ones. Users speculated "Miqu" might be a new Mistral model being covertly "leaked" by the company itself into the world -- especially since Mistral is known for dropping new models and updates without fanfare through esoteric and technical means -- or perhaps an employee or customer gone rouge.

Well, today it appears we finally have confirmation of the latter of those possibilities: Mistral co-founder and CEO Arthur Mensch took to X to clarify: "An over-enthusiastic employee of one of our early access customers leaked a quantized (and watermarked) version of an old model we trained and distributed quite openly... To quickly start working with a few selected customers, we retrained this model from Llama 2 the minute we got access to our entire cluster -- the pretraining finished on the day of Mistral 7B release. We've made good progress since -- stay tuned!" Hilariously, Mensch also appears to have taken to the illicit HuggingFace post not to demand a takedown, but leaving a comment that the poster "might consider attribution." Still, with Mensch's note to "stay tuned!" it appears that not only is Mistral training a version of this so-called "Miqu" model that approaches GPT-4 level performance, but it may, in fact, match or exceed it, if his comments are to be interpreted generously.

United States

California And Big Oil Are Splitting After Century-Long Affair (reuters.com) 140

It is the end of an era for Big Oil in California, as the most populous U.S. state divorces itself from fossil fuels in its fight against climate change. From a report: California's oil output a century ago amounted to it being the fourth-largest crude producer in the U.S., and spawned hundreds of oil drillers, including some of the largest still in existence. Oil led to its car culture of iconic highways, drive-in theaters, banks and restaurants that endures today. On Friday, however, the marriage will officially end. The two largest U.S. oil producers, Exxon Mobil and Chevron will formally disclose a combined $5 billion writedown of California assets when they report fourth-quarter results.

"They are definitely getting a divorce," said Jamie Court, president of advocacy group Consumer Watchdog, which said the companies long ago stopped investing in California production, and now want to hive off their old wells there. "They've been separated for more than a decade, now they are just signing the papers," he said. Exxon Mobil last year exited onshore production in the state, ending a 25-year-long partnership with Shell when they sold their joint-venture properties. The state's regulatory environment has impeded efforts to restart offshore production, Exxon said this month, leading to an exit that includes financing a Texas company's purchase of its offshore properties. The No.1 U.S. oil producer's asset writedown will cost about $2.5 billion and officially end five decades of oil production off the coast of Southern California.

Youtube

YouTube TV's Now Lets You Customize Your Multiview Experiences (theverge.com) 21

Google has confirmed to Cord Cutters News that you can now customize what games you can watch in your Multiview window. The keyword here is "games" because this feature is still limited to just sporting events at this time. From the report: One of YouTube TV's best features is the ability to offer the option to watch up to four sporting or news events at once on the same screen. The only downside has been the fact that customers have been unable to pick what games are in these windows. Instead, YouTube TV gives you a number of premade multiview options to pick from. Now, though, YouTube TV seems to be testing your ability to pick what games you want on your TV.

Yesterday, YouTube TV started to give some NBA League Pass subscribers the ability to pick which games they want to watch from a handful of games in a list. From there, YouTube TV would create a multiview channel for you to watch the games you pick. Google says this feature is coming to all devices that support multiview and you can only create these channels from preselected NBA games. Sadly, you can't pick any channel you want but only from a list of preselected games to create your own multiview channel.

United States

Starbucks is Launching Its Olive Oil-Infused Beverages Nationwide (cnn.com) 82

Starbucks is taking its extra virgin olive oil-infused drinks -- which some customers previously complained of sending them straight to the bathroom ï-- nationwide beginning Tuesday. CNN: The lineup, called Oleato, launched in a few US cities last year before slowly expanding to more stores. Tuesday's launch across its US and Canada locations signifies that the chain stands behind the beverage despite subpar reviews from customers and critics. On the Oleato menu are two drinks: An oat milk latte infused with the extra virgin olive oil; and a new toffeenut iced shaken espresso with golden foam, which is vanilla sweet cream infused with extra virgin olive oil into a cold foam. The drinks debuted in Italy in 2023, with a Starbucks executive previously telling CNN that it's one of its "biggest launches we've had in decades."
United States

FEMA Will Pay States To Install Solar Panels and Heat Pumps (theverge.com) 106

The Federal Emergency Management Agency (FEMA) announced today that it'll start reimbursing local governments for installing solar panels and more efficient appliances after a disaster strikes. From a report: The move can help communities prepare for another calamity by equipping them with tools that just might keep the lights on when they would otherwise suffer a power outage. It's also a way for the US to deploy technologies that cut greenhouse gas emissions and stave off worsening climate disasters like storms, heatwaves, and wildfires.

[...] This is the first time FEMA is funding "net-zero energy projects, including solar, heat pumps and efficient appliances" through its biggest grant program, called Public Assistance. It's available to communities recovering from a major event that the president has declared an emergency or disaster. Under the program, FEMA reimburses state, tribal, territorial, and local governments 75 percent of the cost of eligible recovery efforts. That's typically been to pay for "emergency protective measures," debris removal, and to rebuild public infrastructure.

United States

NY AG Sues Citibank For Failing To Protect Customers From Hackers And Scammers (cnn.com) 50

New York Attorney General Letitia James filed a lawsuit against Citibank on Tuesday, alleging the big bank failed to do enough to protect and reimburse victims of fraud. From a report: The lawsuit argues that New York customers lost millions of dollars -- in some cases their entire lifesavings -- to scammers and hackers because of Citi's weak security and anti-fraud measures. According to the NY AG, Citi does not do enough to prevent unauthorized account takeovers, illegally refuses to reimburse fraud victims and "misleads" customers about their rights after their accounts are hacked.

The lawsuit, filed in US District Court for the Southern District of New York, alleges that Citi has "overpromised and underdelivered on security" and failed to respond appropriately to red flags. "Banks are supposed to be the safest place to keep money, yet Citi's negligence has allowed scammers to steal millions of dollars from hardworking people, James said in a statement. There is no excuse for Citi's failure to protect and prevent millions of dollars from being stolen from customers' accounts and my office will not write off illegal behavior from big banks."

The Internet

Apple Says UK Could 'Secretly Veto' Global Privacy Tools (bbc.co.uk) 90

AmiMoJo writes: Apple has attacked proposals for the UK government to pre-approve new security features introduced by tech firms. Under the proposed amendments to existing laws, if the UK Home Office declined an update, it then could not be released in any other country, and the public would not be informed. The government is seeking to update the Investigatory Powers Act (IPA) 2016. The Home Office said it supported privacy-focused tech but added that it also had to keep the country safe.

A government spokesperson said: "We have always been clear that we support technological innovation and private and secure communications technologies, including end-to-end encryption, but this cannot come at a cost to public safety." The proposed changes will be debated in the House of Lords tomorrow. Apple says it is an "unprecedented overreach" by the UK government. "We're deeply concerned the proposed amendments to the Investigatory Powers Act (IPA) now before Parliament place users' privacy and security at risk," said Apple in a statement. "It's an unprecedented overreach by the government and, if enacted, the UK could attempt to secretly veto new user protections globally preventing us from ever offering them to customers."

United States

US Disabled Chinese Hacking Network Targeting Critical Infrastructure (reuters.com) 24

The U.S. government in recent months launched an operation to fight a pervasive Chinese hacking operation that successfully compromised thousands of internet-connected devices, Reuters reported Tuesday, citing two Western security officials and another person familiar with the matter. From the report: The Justice Department and Federal Bureau of Investigation sought and received legal authorization to remotely disable aspects of the Chinese hacking campaign, the sources told Reuters. The Biden administration has increasingly focused on hacking, not only for fear nation states may try to disrupt the U.S. election in November, but because ransomware wreaked havoc on Corporate America in 2023.

The hacking group at the center of recent activity, Volt Typhoon, has especially alarmed intelligence officials who say it is part of a larger effort to compromise Western critical infrastructure, including naval ports, internet service providers and utilities. While the Volt Typhoon campaign initially came to light in May 2023, the hackers expanded the scope of their operations late last year and changed some of their techniques, according to three people familiar with the matter. The widespread nature of the hacks led to a series of meetings between the White House and private technology industry, including several telecommunications and cloud commuting companies, where the U.S. government asked for assistance in tracking the activity.

Medicine

Amid Recall Crisis, Philips Agrees To Stop Selling Sleep Apnea Machines In the United States (propublica.org) 61

An anonymous reader quotes a report from ProPublica: Reeling from one of the most catastrophic recalls in decades, Philips Respironics said it will stop selling sleep apnea machines and other respiratory devices in the United States under a settlement with the federal government that will all but end the company's reign as one of the top makers of breathing machines in the country. The agreement, announced by Philips early Monday, comes more than two years after the company pulled millions of its popular breathing devices off the shelves after admitting that an industrial foam fitted in the machines to reduce noise could break apart and release potentially toxic particles and fumes into the masks worn by patients.

It could be years before Philips can resume sales of the devices, made in two factories outside Pittsburgh. The company said all the conditions of the multiyear consent decree -- negotiated in the wake of the recall with the Department of Justice on behalf of the Food and Drug Administration -- must be met first. The move by a company that aggressively promoted its machines in ad campaigns and health conferences -- in one case with the help of an Elvis impersonator -- follows relentless criticism about the safety of the machines. A ProPublica and Pittsburgh Post-Gazette investigation found the company held back thousands of complaints about the crumbling foam for more than a decade before warning customers about the dangers. Those using the machines included some of the most fragile people in the country, including infants, the elderly, veterans and patients with chronic conditions.

"It's about time," said Richard Callender, a former mayor in Pennsylvania who spent years using one of the recalled machines. "How many people have to suffer and get sick and die?" Philips said the agreement includes other requirements the company must meet before it can start selling the machines again, including the marquee DreamStation 2, a continuous positive airway pressure, or CPAP, device heralded by Philips when it was unveiled in 2021 for the treatment of sleep apnea. The settlement, which is still being finalized, has to be approved by a court and has not yet been released by the government. It remains unclear how the halt in sales will impact patients and doctors. The company's U.S. market share for sleep apnea devices in 2020 was about 37% -- behind only one competitor, medical device maker ResMed, according to an analysis by iData Research. Philips has dominated the market in ventilator sales, the data shows.

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