It will soon be easy to "click to cancel" subscriptions after the US Federal Trade Commission (FTC) adopted a final rule on Wednesday that makes it challenging for businesses to opt out of easy cancellation methods.

“Too often, businesses make people jump through endless hoops just to cancel a subscription,” FTC chair Lina Khan said in a press release. “The FTC’s rule will end these tricks and traps, saving Americans time and money. Nobody should be stuck paying for a service they no longer want.”

The heart of the new rule requires businesses to provide simple ways to cancel subscriptions. Under the rule, any subscription that can be signed up for online must be able to be canceled online. And cancellation paths for in-person sign-ups must be just as easy, offered either by phone or online.

In guidance released Wednesday, the FTC recommended that businesses keep "three guardrails in mind" to ensure cancellation methods comply with the law. First, customers cannot be required to talk to a live agent or chatbot to cancel if that wasn't required for sign-up. Next, any phone cancellation methods cannot include charges and must be offered during normal business hours. And finally, canceling services in person must always be optional.

To comply with the rule, businesses offering "negative option marketing" such as subscriptions, automatic renewals, and free trial offers—to both consumers and other businesses—are prohibited from misleading customers. They must clearly disclose all terms of the deal prior to accepting payment, including explaining how much and how often customers will be charged, when free trials or promotions end, any deadlines to avoid charges, and, importantly, how to cancel.

"All this information should be clear, conspicuous, and available to your customers before they enroll. And certain key information related to charges and cancellation must appear right when and where the customer agrees to the negative option, every time," the FTC said.

Under the "click to cancel" rule, businesses must also get consumers' informed consent before issuing charges and maintain records of consent for a minimum of three years. Those records could be in the form of a ticked checkbox or a signature, the FTC said, noting the agency offers "some flexibility on what that proof looks like."

"Don’t try to distract people with other information," the FTC said. "Get proof of consent and maintain it for at least three years."

That provision is designed to end unfair and deceptive practices that the FTC found, such as inadequate disclosures about free trials or sneaky auto-enrollments. Those "practices have been a persistent source of consumer harm for decades," the FTC's notice on the final rule said, "saddling shoppers with recurring payments for products and services they never intended to purchase nor wanted to continue buying."

The FTC confirmed that some provisions of the final rule will go into effect within 60 days, but most will take effect after 180 days. Violators risk civil penalties and other forms of consumer redress that weren't previously available under the FTC act, the notice in the federal register said.

Some frustrated individual commenters asked for stiff penalties, the FTC's notice said.

"There needs to be a substantial penalty when a service is requested to be cancelled, but the charges continue," one commenter urged the FTC. "I dropped my TV service from Comcast three months ago and they continue to charge me. Every time I need to re-contact them, I waste an hour."

FTC made few concessions to critics

More than 16,000 comments were submitted during proposed rulemaking, including concerns raised by cable firms who worried that the FTC's rule might make it so easy to cancel a subscription that customers miss out on benefits, including deals often offered to retain their business.

At that time, Michael Powell, CEO of The Internet & Television Association (NCTA), defended using live agents to process cancellation requests. He warned that "a consumer may easily misunderstand the consequences of canceling," incurring unexpected costs in situations like "canceling part of a discounted bundle" that "may increase the price for remaining services."

Powell further argued that the rule could raise costs for customers, alleging that the FTC had significantly underestimated compliance costs that "could easily exceed $100 million for initial implementation by" the cable industry alone.

But the FTC strongly disagreed with some estimates of compliance costs. For example, in the notice in the federal register, the FTC noted that "because NCTA members who enroll consumers online already, clearly, have websites, the Commission rejects the notion that adding 'click to cancel' functionality to websites that already include an order path for enrolling, and likely also include functionality for registering a payment mechanism for automated billing, would cost $12–$25 million."

Ultimately, the FTC disputed the NCTA's data and rejected the notion that the rule would "require building online cancellation systems virtually from the ground up and expensive ongoing recordkeeping requirements across all services," pointing any concerned commenters to "the detailed cost-benefit analysis" of the rule provided in the federal register notice.

There were only a few major changes to the final rule following the public commenting period. Notably, the FTC dropped a provision that would have required businesses to send annual reminders about recurring charges, as well as another prohibiting promotions or deals offered during the cancellation process in efforts to retain customers without customers opting in to seeing those offers.

The FTC said that it's only dropped these provisions for now, noting that the Commission plans to keep the record "open on these issues" and may seek additional comments.

Exemptions available but seem unlikely

Perhaps of greatest interest to businesses, the FTC also added "a provision allowing requests for exemptions." But those will likely be reserved for businesses already complying with the rule, the FTC said, while explaining that each request for exemptions will be weighed individually.

"Because such decisions are highly fact dependent, the Commission must consider exemptions, even of larger groups, on an individualized basis pursuant to the FTC’s Rules of Practice," the FTC's notice said.

Some businesses may qualify for recordkeeping exemptions, the FTC said, but only if "it is technologically feasible to make it impossible for customers to enroll without providing unambiguously affirmative consent."

"Sellers must either maintain records of each consumer’s unambiguously affirmative consent or demonstrate they satisfy the technological exemption provision," the FTC's notice said.

The Commission specifically confirmed that it will not be granting "blanket exemptions to sellers who contract with third parties while offering subscription services." While some businesses claimed this leaves them on the hook for cancellations they cannot process, the FTC found that "an exemption for all sellers who contract with third parties to manage aspects of their negative option programs would effectively nullify the Rule by incentivizing less than legitimate sellers to contract with actors engaged in deceptive practices to maximize negative option enrollments and frustrate cancellation with impunity."

"A seller cannot evade its responsibility to deal honestly with consumers by contracting with a third party who does not," the FTC's notice said.

Official: FTC rule “may not survive legal challenge”

The final rule narrowly passed by a vote of 3–2, with commissioner Melissa Holyoak providing a dissenting statement accusing the agency of rushing the rule to score political points for the Biden administration ahead of the presidential election.

Vice President Kamala Harris will likely continue Biden's war on "junk fees" if elected, Reuters reported, and Holyoak claimed that Khan pushed for the rule's adoption to help follow "through on a campaign pledge made by the Chair’s favored presidential candidate."

According to Holyoak, the final rule is deeply flawed, "improperly generalizing" unfair and deceptive practices "from narrow industry-specific complaints and evidence to the entire American economy." She argued that the FTC only based the rule on 35 cases, which is allegedly not enough to establish that harmful practices are "prevalent."

"Whatever the merits of the past cases, the Majority does not remotely come close to explaining how the evidence in those limited cases are similar to the myriad contexts an economy-wide rule would inevitably apply to," Holyoak suggested.

She also claimed that "if similarity among complaints and cases only at the highest level of generality constitutes the 'prevalence' sufficient to ground an economy-wide rulemaking, then a 'prevalence' determination is in fact no meaningful guardrail on the Commission’s conduct at all."

In the press release, the FTC discussed the wide reach of harms, noting that it "receives thousands of complaints about negative option and recurring subscription practices each year," with the number "steadily increasing over the past five years."

But Holyoak insisted that the final rule is such an overreach that it "may not survive legal challenge."

"The Chair has put political expediency over getting things right," Holyoak said, raising "the possibility that foreordained outcomes and political goals curtailed considering the rulemaking record with an open mind and without prejudgment, as law requires."

A key legal flaw, Holyoak claimed, is that the rule prohibits any misrepresentations of a negative option, not just those relating to "deceptive terms." That means businesses risk civil penalties for any material fact deemed misleading, which she alleged "fails to meet" the level of "specificity" required for FTC rulemaking. That seeming textual oversight "will no doubt invite serious legal challenge on this basis," Holyoak predicted.

Should any portion of the rule be struck down through a legal challenge, the FTC included a provision on severability, allowing the remainder of the rule to remain in force.

Too soon to guess impact on subscription prices

According to Holyoak, the broad final rule "tilts the playing field in ways that are likely to pervert business incentives," perhaps leading businesses to stop offering negative option billing models, "even when businesses and consumers could derive significant value from them."

"Even honest businesses will have reason to reconsider the use of negative option billing now that it means subjecting themselves to potential civil penalties for misreading Commission tea leaves," Holyoak said.

Further, she alleged that consumers could be harmed if the rule preempts state laws or potentially increases transaction costs for businesses that potentially stop offering cheaper negative option billing. Businesses could also pass on to customers the costs of legal fees incurred in efforts to obtain an exemption, Holyoak suggested.

"Raising the transaction costs will reduce a business’ sales and the utility consumers derive from these services. In other words, in our good intentions, we may harm the consumers and competition we are supposed to protect," Holyoak warned.

But while Holyoak seems sure that consumers could be harmed by the rule potentially limiting negative option billing and spiking subscription costs, the FTC argued that "consumers cannot realize these benefits when sellers make material misrepresentations to induce consumers to enroll in such programs, fail to provide important information, bill consumers without their consent, or make cancellation difficult or impossible."

At least one individual customer the FTC notice cited insisted that the rule was necessary to end a wide range of abusive charges draining the wallets of many Americans.

"Implementing this consumer-protection rule has the potential to save American consumers millions of dollars and prevent unscrupulous companies from using byzantine cancellation procedures to squeeze unwarranted funds out of their customers," the commenter said.

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Apple TV's dystopian sc-fi drama Silo, based on the trilogy by novelist Hugh Howey, was one of the more refreshing surprises on streaming television in 2023: a twist-filled combination of political thriller and police procedural set in a post-apocalyptic world. We included it in our year-end TV roundup, calling the series "one of the more intriguing shows of the year." The official trailer recently dropped for S2, and it looks like we can expect another suspenseful season full of surprising revelations.

(Spoilers for S1 below.)

As we wrote in last year's roundup, Silo is set in a self-sustaining underground city inhabited by a community whose recorded history only goes back 140 years, generations after the silo was built by the founders. Outside is a toxic hellscape that is only visible on big screens in the silo's topmost level. Inside, 10,000 people live together under a pact: Anyone who says they want to "go out" is immediately granted that wish—cast outside in an environment suit on a one-way trip to clean the cameras. But those who make that choice inevitably die soon after because of the toxic environment.

There are no lifts or pulleys, so the only way to travel the silo's 144 floors is by foot, and there are no lenses above a certain magnification. And to keep the population stable, every woman has a contraceptive implant that can only be removed with permission. The few computers are managed by the IT department, run by Bernard Holland (Tim Robbins).

Mechanical keeps the power on and life support from collapsing, and that is where we met mechanical savant Juliette Nichols (Rebecca Ferguson) at one with the giant geothermal generator that spins in the silo's core. There were hints at what came before—relics like mechanical wristwatches or electronics far beyond the technical means of the silo's current inhabitants, due to a rebellion 140 years ago that destroyed the silo's records in the process.

Where we left off

The first season opened with the murder of Juliette's lover, George (Ferdinand Kingsley), who collected forbidden historical artifacts, which silo sheriff Holston Becker (David Oyelowo) investigated at Juliette's request. When he chose to go outside, he named Juliette as his successor, and she took on George's case as well as the murder of silo mayor Ruth Jahns (Geraldine James). Many twists ensued, including the existence of a secret group dedicated to remembering the past whose members were being systemically killed. Juliette also began to suspect that the desolate landscape seen through the silo's camera system was a lie and there was actually a lush green landscape outside.

In the season finale, Juliette made a deal with Holland: She would choose to go outside in exchange for the truth about what happened to George and the continued safety of her friends in Mechanical. The final twist: Juliette survived her outside excursion and realized that the dystopian hellscape was the reality, and the lush green Eden was the lie. And she learned that their silo was one of many, with a ruined city visible in the background.

The official S2 trailer picks up there but doesn't provide many additional details. We see Juliette in her protective suit walking across the desolate terrain toward the other silos, human skulls and bones crunching under her feet. When Juliette's oxygen runs out, she finds shelter and survives, and we later see her trying to enter a silo—whether it's her original home or another one is unclear. Meanwhile, Holland gives an impassioned speech to his silo residents, declaring her a hero for sacrificing herself.  But rumors swirl that she is alive, and rebellion is clearly brewing, with Juliette becoming a symbol for the movement.

The second season of Silo debuts on Apple TV+ on November 15, 2024. Ferguson has said that there are plans for third and fourth seasons to wrap up the story, which will hopefully be filmed at the same time.

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Ward Christensen, co-inventor of the computer bulletin board system (BBS), has died at age 78 in Rolling Meadows, Illinois. He was found deceased at his home on Friday after friends requested a wellness check. Christensen, along with Randy Suess, created the first BBS in Chicago in 1978, leading to an important cultural era of digital community-building that presaged much of our online world today.

In the 1980s and 1990s, BBSes introduced many home computer users to multiplayer online gaming, message boards, and online community building in an era before the Internet became widely available to people outside of science and academia. It also gave rise to the shareware gaming scene that led to companies like Epic Games today.

Friends and associates remember Christensen as humble and unassuming, a quiet innovator who never sought the spotlight for his groundbreaking work. Despite creating one of the foundational technologies of the digital age, Christensen maintained a low profile throughout his life, content with his long-standing career at IBM and showing no bitterness or sense of missed opportunity as the Internet age dawned.

"Ward was the quietest, pleasantest, gentlest dude," said BBS: The Documentary creator Jason Scott in a conversation with Ars Technica. Scott documented Christensen's work extensively in a 2002 interview for that project. "He was exactly like he looks in his pictures," he said, "like a groundskeeper who quietly tends the yard."

Tech veteran Lauren Weinstein initially announced news of Christensen's passing on Sunday, and a close friend of Christensen's confirmed to Ars that Christensen likely died at his house overnight between October 10 and October 11. Friends called Police for a wellness check for Christensen on Friday when they had not heard from him as usual. The cause of death has not yet been announced.

Prior to creating the first BBS, Christensen invented XMODEM, a 1977 file transfer protocol that made much of the later BBS world possible by breaking binary files into packets and ensuring that each packet was safely delivered over sometimes unstable and noisy analog telephone lines. It inspired other file transfer protocols that allowed ad-hoc online file sharing to flourish.

Dawn of the BBS

A photo of the original CBBS computer from 1978, taken in 2002 as part of BBS: The Documentary by Jason Scott.

Credit: Jason Scott

Christensen and Suess came up with the idea for the first computer bulletin board system during the Great Blizzard of 1978 when they wanted to keep up with their computer club, the Chicago Area Computer Hobbyists’ Exchange (CACHE), when physical travel was difficult. Beginning in January of that year, Suess assembled the hardware, and Christensen wrote the software, called CBBS.

"They finished the bulletin board in two weeks but they called it four because they didn't want people to feel that it was rushed and that it was made up," Scott told Ars. They canonically "finished" the project on February 16, 1978, and later wrote about their achievement in a November 1978 issue of Byte magazine.

Their new system allowed personal computer owners with modems to dial up a dedicated machine and leave messages that others would see later. The BBS concept represented a digital version of a push-pin bulletin board that might flank a grocery store entrance, town hall, or college dorm hallway.

Christensen and Suess openly shared the concept of the BBS, and others began writing their own BBS software. As these programs grew in complexity over time, the often hobbyist-run BBS systems that resulted allowed callers to transfer computer files and play games as well as leave messages.

A low-key giant

Suess died in 2019, and with the passing of both BBS originators, we find ourselves at the symbolic end of an era, although many BBSes still run today. These are typically piped through the Internet instead of a dial-up telephone line.

While Christensen himself was always humble about his role in creating the first BBS, his contributions to the field did not go unrecognized. In 1992, Christensen received two Dvorak Awards, including a lifetime achievement award for "outstanding contributions to PC telecommunications." The following year, the Electronic Frontier Foundation honored him with the Pioneer Award.

Professionally, Christensen enjoyed a long and successful career at IBM, where he worked from 1968 until his retirement in 2012. His final position at the company was as a field technical sales specialist.

Ward Christensen in 2002 being interviewed by Jason Scott for BBS: The Documentary.

Credit: Jason Scott

But mostly, Christensen kept a low profile.  When visiting online communities in his later years, Ward presented no ostentation, and there was no bragging about having made much of it possible. This amazed Scott, who said, "I was always fascinated that Ward kept a Twitter account, just messing around."

Scott feels like humility, openness, and the spirit of sharing are key legacies that Christensen has left behind.

"It would be like a person who was in a high school band saying, 'Eh, never really got into touring, never really had the urge to record albums or become a rock star,'" Scott said.  "And then later people come and go, 'Oh, you made the first [whatever] in your high school band,' but that sense of being at that locus of history and the fact that his immediate urge was to share all the code everywhere—that's to me what I think people should remember about this guy."

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Has your dentist ever told you that it's recommended to get routine dental X-rays every year? My (former) dentist's office did this year—in writing, even. And they claimed that the recommendation came from the American Dental Association.

It's a common refrain from dentists, but it's false. The American Dental Association does not recommend annual routine X-rays. And this is not new; it's been that way for well over a decade.

The association's guidelines from 2012 recommended that adults who don't have an increased risk of dental caries (myself included) need only bitewing X-rays of the back teeth every two to three years. Even people with a higher risk of caries can go as long as 18 months between bitewings. The guidelines also note that X-rays should not be preemptively used to look for problems: "Radiographic screening for the purpose of detecting disease before clinical examination should not be performed," the guidelines read. In other words, dentists are supposed to examine your teeth before they take any X-rays.

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