Tech Law & Policy This Week: Recent Episodes
WashingTech
Hey everybody, I’m Joe Miller and here’s what’s going on in the world of tech law & policy this week.
So the White House confirmed earlier this afternoon that it had shot down another object floating 40,000 ft. above Alaska. No word yet on whether it’s part of China’s balloon festival, but this one was much smaller than the one they shot down last week. Feds are investigating.
Americans want privacy legislation but – as Colorado Attorney General Phill Weiser noted to the Washington Post with quite a bit of frustration – there doesn’t really seem to be a lot of governance coming from Congress. A new study from the University of Pennsylvania’s Annenberg School found most Americans simply do not understand how companies use their data. I’d venture to guess that many tech companies want to keep it that way.
For example, eighty-two percent of those Americans surveyed reported that they had no idea that the Health Insurance Privacy and Portability Act (HIPPA). I didn’t even know that, if I’m being honest with you.
And TSA is collecting facial data at more and more airports – with the Washington Post reporting that some 16 major U.S. airports collect facial recognition data.
At Tuesday’s State of the Union, President Biden ardently called for action from Congress to do more to protect kids online, as the current minimum age to advertise to kids is currently just 13. And the U.S. Surgeon General Vivek Murthy said that 13 is too young. Republican Senator Josh Hawley is calling for 16 to become the minimum age for kids to be allowed to join social media networks.
Meanwhile, over at Twitter, Elon Musk says cleaning up the platform of child abuse content is his top priority. But plenty of that material is still showing up, according to a New York Times exposé. This coincides with these repulsive individuals who were once banned, now being reinstated. And the Center for Digital Hate released a report saying these accounts spreading vile hate speech make millions for the company. And major brands’ advertisements are still showing up next to hate speech – with Fiverr, NFL, Amazon, & Apple TV among them.
The University of Exeter reports an Eight-fold increase of misogynistic, dehumanizing content posted by incels on Twitter. Incels, as you may recall, are men who are “involuntarily celibate” and are furious at women for not genuflecting before them. Ofcom, the communications oversight agency in the UK is calling for amending the online safety bill to further protect women by putting a code of practice in place. This is happening as women struggle with defending themselves against all sorts of monsters on the internet creating deepfake porn using their likenesses. And a new Pew report on online dating found that some 38% of online daters, mostly women, reported receiving unwanted, sexually explicit material.
And the New York Times reports that a District Court in Louisiana is now considering whether the government should have any discretion at all when it comes to putting any measures in place to combat disinformation. It is Republicans who primarily oppose any government intervention to combat harmful information, even though former Twitter employees reported that that company kept Republicans’ requests to remove progressive speech, including requests from former President Trump, whom Meta reinstated to Facebook and Instagram last week.
In Turkey, victims of the horrifying earthquake that killed10s of thousands of people weren’t able to get on Twitter at all to ask for help. That’s because the Turkish government has a long history of blocking access to Twitter.
So that’s what’s going on! It is astonishing how much has changed in only the last few weeks.
To go deeper, you can find links to all of these stories in the show notes. Stay safe, stay informed, and have a great week. Ciao.
Analysis | Biden puts children’s privacy at the forefront, again The president is pushing for U.K.-style children's online safety rules. washingtonpost.com VIEW MORE TSA now wants to scan your face at security. Here are your rights. 16 major domestic airports are testing facial-recognition tech to verify IDs — and it could go nationwide in 2023. washingtonpost.com VIEW MORE Americans overwhelmingly want Congress to pass data protection laws A new study found that 79% of Americans think Congress should act urgently to regulate companies' use of user data. dailydot.com VIEW MORE Musk Pledged to Cleanse Twitter of Child Abuse Content. It’s Been Rough Going. Child sexual abuse imagery spreads on Twitter even after the company is notified: One video drew 120,000 views. “Sewer rats,” as one regulator described bad actors, remain. nytimes.com VIEW MORE Age 13 and younger is 'too early' for kids to be on social media, surgeon general admits As Vivek Murthy, the U.S. surgeon general, shared comment on the appropriate ages for kids to use social media, other experts weighed in with perspective and advice for parents and families. foxnews.com VIEW MORE Extremist influencers are generating millions for Twitter, report says The report attempted to estimate the dollar-value to Twitter of Musk's restoration of formerly suspended accounts. washingtonpost.com VIEW MORE Incels are becoming 'more extreme' online, study finds Researchers at the University of Exeter analysed millions of posts across the network of forums known as the 'incelosphere' over the past six years.racist language'. dailymail.co.uk VIEW MORE ‘Making the digital streets safe’: Calls for greater protection for women online British peers propose amendment to online safety bill requiring social media sites to consider how to keep female users safe theguardian.com VIEW MORE There's Not Much We Can Legally Do About Deepfake Porn — Yet Deepfake porn has a very real-world impact, but there’s a long way to go when it comes to laws against it refinery29.com VIEW MORE GOP lawmakers allege Big Tech conspiracy, even as ex-Twitter employees rebut them A hearing about Elon Musk’s "Twitter Files" will fan allegations that Democrats pressure Silicon Valley to censor conservative views. washingtonpost.com VIEW MORE Finding love, sex and harassment on dating apps What online dating is like now, who feels safe, and how likely you are to find love, according to a new Pew survey. washingtonpost.com VIEW MORE Free Speech vs. Disinformation Comes to a Head The outcome of a case in federal court could help decide whether the First Amendment is a barrier to virtually any government efforts to stifle disinformation. nytimes.com VIEW MORE Twitter Kept Entire 'Database' of Republican Requests to Censor Posts Elon Musk’s “Twitter Files” focus on Democrats, but former administration officials and Twitter employees say Trump’s team and other Republicans routinely demanded posts be taken … rollingstone.com VIEW MORE 48 arrested in Europe over encrypted app used in drug trade BERLIN (AP) — European investigators have shut down an encrypted communication service that was used as a secure channel for organized crime, particularly in the drug trade, and arrested 48 people, German authorities said Monday. apnews.com VIEW MORE Turkish residents struggle to access Twitter in earthquake aftermath The government has a history of cracking down on social media giants after emergencies or scandals. washingtonpost.com VIEW MORE
China was caught floating a spy balloon over Montana. Like no one was going to see it. What else is there to do in Montana except look up at the sky? According to the Washington Post, a defense official said, “It loitered overhead for an extended period of time.” Come on guys, when are we going to get serious?
What other shenanigans do we have here … Oh! The European Union is warning Elon Musk that they’re going to hit him with a can of you-know-what if he doesn’t comply with their Digital Services Act. The Act prohibits hate speech. We don’t have a hate speech ban in the U.S. But EU’s law influences Twitter content in the U.S., since managing U.S. policy and EU policy would be more expensive.
And the Republican-controlled House is going to grill former Twitter staff at a hearing next week. They want to know more about why the company suppressed stories about Hunter Biden.
What else? Oh – Harvard’s Kennedy School is shutting down its Technology & Social Change project after just 5 years. Prominent scholar Joan Donovan led the institute focused on misinformation. Harvard says the landscape has changed drastically and that the mission is no longer relevant. That’s the public version of the story. Donovan didn’t comment to the Washington Post. And the other piece to this is that Elon has now blocked access to Twitter's API, so researchets can no longer access it.
Tech Policy Press & Justin Hendrix released a podcast episode last week giving the Indigenous perspective on Generative AI and the need to publish more work by Indigenous peoples.
New York Attorney General Letitia James wants answers from Madison Square Garden and Radio City Music Hall about reports the venues used facial recognition technology to ban the lawyers opposing them from entering the venues. Thousands of lawyers were affected. James is investigating whether this practice violated New York’s Civil Rights laws.
Finally, Google CEO Sundar Pichai is promising new chat features to compete with ChatGPT. Meanwhile, the company just laid off 12,000 people.
What to know about the suspected Chinese spy balloon Officials say the balloon over Montana is "sizeable," at an altitude above that of commercial planes, and has loitered over the U.S. for an unusual amount of time. washingtonpost.com VIEW MORE EU Warns Elon Musk That Twitter Must Comply With Law Against Hate Speech, Misinformation Musk insists Twitter is already on the same page regarding "accuracy" and "accountability." huffpost.com VIEW MORE Hillicon Valley — House panel to grill former Twitter staff A House panel will grill former Twitter employees at a hearing next week focused on the social media platform’s decision to limit the spread of a Hunter Biden story during the 2020 presidential ele… thehill.com VIEW MORE Twitter API no longer free as platform will begin charging, angering developers New effort to raise revenue as the site is hemorrhaging money techradar.com VIEW MORE Harvard is shutting down project that studied social media misinformation The Technology and Social Change Project, which has published research into the spread of coronavirus hoaxes and online incitement ahead of Jan. 6 Capitol riot, will be eliminated in 2024. washingtonpost.com VIEW MORE An Indigenous Perspective on Generative AI A conversation with Michael Running Wolf, a computer scientist and software engineer, AI ethicist, and founder of Indigenous in AI. techpolicy.press VIEW MORE NY AG Seeks Answers from Madison Square Garden on Facial Recognition Tech | Law Street Media lawstreetmedia.com VIEW MORE Google CEO promises new AI features are coming to search 'very soon' amid competition from ChatGPT Google and Alphabet CEO Sundar Pichai talked up the company's artificial intelligence projects during its Q4 2022 earnings call. cnbc.com VIEW MORE
Hey everybody, I’m Joe Miller and here’s what’s going on in the world of tech law & policy this week.
ChatGPT is still at the top of headlines this week with Buzzfeed announcing that it’s going to use generative AI to produce “select” content. Buzzfeed’s CEO Jonah Peretti says he wants BuzzFeed to lead the future of AI-powered content. This comes only days after CNET faced scrutiny for using AI to produce content for years. And a lot of writers and journalists are worried about their jobs, as they should be. Prominent BuzzFeed journalist Max Collins told Peretti to “get f*cked.” But shareholders loved the news, rose by just over 85 percent at today’s closing bell to $3.87 per share.
And on the education front, NPR reports that a University of Pennsylvania Wharton professor, Ethan Mollick, told them that “everyone is cheating.” This comes after ChatGPT aced an MBA exam earlier last week.. But Mollick decided to go ahead and make using ChatGPT a course requirement. But prominent science journals like Elsevier and Springer Nature are prohibitting ChatGPT from being listed as a co-author.
And Google has text to music AI that makes songwriting a cinch with just one or two word prompts.
What else? Trump’s back on Facebook. Meta made the decision to reinstate Trump because a company Global Affairs Exec Nick Clegg says enough time has passed since the January 6th insurrection at the US Capitol.
On the medical mis and disinformation front, a California judge has blocked the state’s new law that prohibits doctors from giving COVID-19 misinformation. The judge rules that the misinformation standard is too vague.
False Information A Federal Court Blocks California’s New Medical Misinformation Law California’s law sought to punish doctors who give patients false information about Covid-19. nytimes.com VIEW MORE Securities Elon Musk Faces SEC Probe for Role in Tesla Self-Driving Claims US regulators are investigating Elon Musk’s role in shaping Tesla Inc.’s self-driving car claims, the latest effort by watchdogs to scrutinize the actions of the world’s second-richest person. bloomberg.com VIEW MORE Education Science journals ban ChatGPT from co-authoring papers Students using ChatGPT for submitting essays are only cheating themselves and making the grave mistake that a grade is knowledge, says the Miami provost. interestingengineering.com VIEW MORE Journalism BuzzFeed Columnist Tells CEO to "Get F*cked" for Move to AI Content One of the most famous BuzzFeed columnists has some harsh words for CEO Jonah Peretti over his decision to include AI in the site's content operations. futurism.com VIEW MORE Music Google says that its MusicLM AI model is the best text-to-music generator yet, and the audio examples might just prove it New technology can create complete tracks based on just a few words of description musicradar.com VIEW MORE Politics With Trump reinstatement, Meta finds new ways to punish world leaders The social media giant is expanding the range of interventions that it can use to fight dangerous rhetoric from Trump and other public figures. washingtonpost.com VIEW MORE Journalism BuzzFeed to use AI to produce select content News, quiz and games website BuzzFeed plans to use artificial intelligence (AI) in the coming months to create content, the company’s top executive said this week. In a memo sent to staff, Bu… thehill.com VIEW MORE Education 'Everybody is cheating': Why this teacher has adopted an open ChatGPT policy An associate professor at the prestigious Wharton School is not only allowing his students to use ChatGPT, they are required to. npr.org VIEW MORE House of Representatives House Republicans announce major shakeup for key committee that oversees energy, health, technology policy House Republicans are "reorienting" the structure of the powerful House Energy and Commerce Committee, a key panel that oversees a wide range of hot-button issues. foxnews.com VIEW MORE AI Ethics NIST Artificial Intelligence Risk Management Guidelines AI Ethics Guidelines from NIST nvlpubs.nist.gov VIEW MORE Police Surveillance Hochul Wants More Police Surveillance. Legislators Want Boundaries. - New York Focus Legislators are taking aim at a host of police surveillance tools, from undercover social media accounts to facial recognition to aerial drones. nysfocus.com VIEW MORE
Conservatives target online ‘trafficking’ of abortion pills
The Supreme Court’s decision in Dobbs has thrown abortion law into disarray and conservatives say there isn’t enough enforcement. The Washington Post reports that conservatives in states like Texas, where abortions are now banned, want internet providers to treat websites selling abortion pills the same way they treat child pornography.
Bankman-Fried arrested; SEC charges him with fraud
Responding to a US federal government request, police in the Bahamas arrested Sam Bankman-Fried, otherwise known as SBF, earlier this week, and he now faces fraud charges brought by the Securities and Exchange Commission. The crypto exchange SBF founded – FTX, which imploded last month and wasn’t able to handle billions in customer withdrawal requests.
The Markup: Health apps share your intimate data with advertisers
The Markup reports that health apps are sharing your personal, intimate health data with advertisers. In a joint study, the Markup and STAT found that 49 out of 50 telehealth websites sell your data, with Amazon Clinic being the only hold out.
Immigrants sue ICE for collecting wire transfer data
Immigrants are suing ICE for working with Western Union to get their wire transfer data. The lawsuit states that immigrants send some $30 billion from the US to Mexico each year. The database – the Transaction Record Analysis Center – has some 145 million records containing detailed information on who’s transferring money to Mexico.
Senate passes bill banning TikTok from government devices
The US Senate passed a bill this week banning government employees from installing TikTok on their devices. US Officials worry that China is using TikTok, a subsidiary of its China-based parent, ByteDance, to collect sensitive information.
Facebook’s Trump ban expires Jan. 7th and Democrats are trying to extend it
Initially, Facebook had said that it would ban Trump from using the platform forever. Then it back-tracked and said the ban would only last 2-years. That 2-year period ends on January 7th and Democratic lawmakers in Congress are pushing back to extend the ban.