in the clear: 2024-03-11

This is a running list of various media I've looked at each week. It's mostly for reference and to give an impression of the type of news that I'm exposed to. Bullets are written by me and numbers are summaries of the respective article from an LLM.

If you have any suggestions or know of other good news sources, please leave a comment in the guestbook or reach out to me directly. I can't spend all my time reading about current events, but I like to try and stay informed whenever possible.

NYT: How Much Access to Government Records Does the Public Deserve?

1. New Jersey lawmakers are considering limiting access to government records under the Open Public Records Act.
2. If passed, the bill would represent the most significant change ever to the Act, affecting access to various kinds of information.
3. Proposed restrictions include delaying access to certain records over a year old and redacting personal information.
4. The data-broker industry would be barred from acquiring any records, and some records would no longer be available immediately upon request.
5. Supporters argue it will relieve the burden on government offices and protect citizens' personal information, while critics claim it limits government accountability and opens the door to more corruption.
6. The New Jersey Press Association, the American Civil Liberties Union's New Jersey chapter, and the League of Women Voters of New Jersey have expressed opposition to the legislation.

Lawfare: Data Broker Sales and the Fourth Amendment

1. The U.S. government purchases personal data from data brokers, potentially violating privacy rights.
2. Government attorneys argue that data is commercially available and users waived privacy rights through terms of service.
3. A violation of privacy is not cognizable under the Fourth Amendment if it's not "state action."
4. The 2018 Supreme Court decision Carpenter v. United States established a reasonable expectation of privacy in geolocation data.
5. The "state action problem" allows the government to purchase data without obtaining a warrant.
6. A purchase of data does not constitute a "search" under the Fourth Amendment, and no warrant is required if the private search reveals the same information.

Lawfare: Open Questions in Law and AI Safety: An Emerging Research Agenda

1. Legal scholars, AI safety experts, and policy makers met to discuss the potential impact of AI on society and the need for regulatory safeguards.
2. AI has the potential to cause large-scale harm to human life, limb, and freedom, with risks increasing as AI becomes more capable and integrated.
3. Lawyers and legal scholars are well-positioned to address AI safety concerns due to their expertise in governance, regulation, and cross-disciplinary engagement.
4. AI safety refers to the study and mitigation of short- and long-term risks to human life, bodily integrity, individual autonomy, and the environment.
5. Emerging AI safety risks include misuse and abuse, system failure, and misaligned autonomous action, with examples from large language models and agent-like AI systems.
6. External factors, such as market incentives, geopolitical rivalries, and insufficient oversight, can exacerbate AI safety concerns.

• The article lists concrete research questions arranged according to the legal domain they belong too

NYT: Legal Settlement Clarifies Reach of Florida’s ‘Don’t Say Gay’ Law

1. Florida's "Don't Say Gay" law remains in effect, but a settlement clarifies that students and teachers can talk about sexual identity and gender orientation in public schools, as long as it's not part of formal classroom instruction.
2. The settlement is a result of a lawsuit by a group of students, parents, educators, and L.G.B.T.Q. advocacy organizations who claimed the law caused confusion and fear in public schools.
3. The settlement "safeguards against hate and bullying" and ensures that L.G.B.T.Q.+ kids, parents, and teachers in Florida can say that they are gay.
4. The law still allows parents to sue school districts over perceived violations, but the settlement clarifies that the law does not restrict literary references to L.G.B.T.Q. people or same-sex couples in public school classrooms.
5. The law requires instruction to be neutral on issues of sexual orientation or gender identity, and does not prohibit lessons about or intervention to stop bullying.
6. The settlement makes clear that student-run organizations such as gay-straight alliances are permitted in Florida schools, and expressions and clothing that do not conform with a person's perceived gender identity are allowed.

Lawfare: Challenging the Machine: Contestability in Government AI Systems

1. The use of AI in government programs that affect individuals must ensure fairness, accountability, and contestability.
2. Contestability is required under the Due Process Clause of the Constitution and refers to a person's right to know why a decision is being made and the opportunity to challenge it.
3. Meaningful contestability can be challenging in practice, particularly with AI systems driven by machine learning and deep learning, which can produce inconsistent or inexplicable results.
4. A workshop was held in January 2024 with experts from government, technology companies, academia, and the nonprofit sector to address these challenges and develop recommendations.
5. The workshop highlighted the need for conscious choices in system design to ensure contestability, and some AI and ML techniques may be incompatible with contestability.
6. The recommendations from the workshop aim to guide government and private sector efforts in designing AI systems that genuinely guarantee fairness, accountability, and transparency, including contestability.

EFF to Ninth Circuit: There’s No Software Exception to Traditional Copyright Limits

1. A federal district court broadened the definition of a "derivative work" in the case of Oracle v. Rimini, which could undermine adversarial interoperability.
2. A work is considered derivative if it is "substantially similar" to a preexisting work in both ideas and expression, but the court's ruling expands this definition to interoperable software.
3. This ruling could create a "software exception" to the definition of derivative works, allowing rightsholders to threaten add-on innovation, security, and repair.
4. The court's decision heavily relies on the 1998 case Micro Star v. FormGen, but misapplies its definition of a derivative work.
5. Fair use is an essential safeguard for the development of interoperable tools, but not all developers can afford to litigate the question.
6. The EFF and other stakeholders argue that the district court's ruling is not just bad policy, but also bad law, and they have filed an amicus brief in the Ninth Circuit Court of Appeals.

WSJ: Reddit Needs to Be OK Being Reddit

1. Reddit plans to go public with a proposed market value of up to $6.4 billion, a 36% decrease from its last private funding round valuation.
2. The company is still losing money and burning cash annually, with higher costs in research and development compared to other social media platforms.
3. Reddit has advantages in its cost structure, such as higher gross margins due to lower hosting costs from mostly text-based content.
4. A niche social media platform can succeed with a focus on doing what they do well, according to advertising analyst Brian Wieser.
5. Reddit's data licensing business could account for 32% of its total revenue by 2027, potentially contributing to its profitability.
6. The company has a downsized valuation from its last private market, which might help it garner needed upvotes and build a solidly profitable business.

NYT: Sotomayor and Barrett, Lately at Odds, Discuss Relations at the Supreme Court

1. Justices Sotomayor and Barrett discussed civility and collegiality at the Supreme Court.
2. They described the court as having norms to ensure collegiality, such as speaking in order of seniority and avoiding interruptions.
3. The justices often have lunch together and communicate with each other when disagreements arise.
4. Accommodations can be made in how opinions are written, but not in the bottom line of what the justices believe is the right answer.
5. Justice Sotomayor was appointed by President Obama in 2009, and Justice Barrett was appointed by President Trump in 2020.
6. The conversation took place at a forum on civics education at George Washington University, a pet project of the late Justice Sandra Day O'Connor.

EFF: EFF Urges New York Court to Protect Online Speakers’ Anonymity

1. The First Amendment protects the right to anonymous speech, which fosters public debate and self-realization.
2. Anonymity allows speakers to express critical or unpopular views without fear of harassment, intimidation, or silencing.
3. Courts should apply robust standards before unmasking anonymous speakers, including showing meritorious legal claims and that interests in unmasking outweigh speaker's interests in anonymity.
4. EFF often participates in cases related to anonymous speech, advocating for strong protections.
5. EFF works to improve policy in ways that protect digital rights in states across the country.
6. EFF supports the use of Tor network relay in higher education institutions to defend private access to an uncensored web.

Hyde Park Herald: U. of C. law professor weighs in on Trump eligibility after Supreme Court decision

1. The U.S. Supreme Court ruled that former President Donald Trump is eligible for office, despite evidence of him inciting the January 6 insurrection.
2. William Baude, a constitutional law professor, believes the court's reasoning was faulty and that they avoided addressing whether Trump had engaged in insurrection.
3. The court's decision left open legal ambiguities, including Congress' power to decide whether a candidate is qualified under the Electoral Count Reform Act.
4. Baude co-authored a law review paper that spurred legal challenges in several states seeking to bar Trump from appearing on primary ballots.
5. The court's decision did not directly address the potential situation where Trump could win the electoral vote but be deemed ineligible by Congress.
6. Baude, an originalist constitutional scholar, argues that the U.S. electoral system has historically been a "patchwork" and that the Constitution charges states with choosing electors and overseeing the election of federal officers.

NPR: Authors push back on the growing number of AI 'scam' books on Amazon

1. Authors have raised concerns about AI-generated "scam" books on Amazon, which negatively impact their sales and reputation.
2. Amazon has taken steps to address this issue, such as requiring authors to disclose AI-generated content and capping the number of titles that can be published in a day.
3. Publishers benefit from AI tools to generate low-quality content quickly, making it difficult for Amazon to detect and remove them promptly.
4. AI-generated content can lead to reputational harm for authors, as it may mislead potential readers and customers.
5. The problem of AI-generated content extends beyond books, affecting various industries and platforms, such as news articles and social media posts.
6. As AI technology advances, the challenge of detecting and managing AI-generated content becomes more difficult, requiring proactive measures from platforms and stakeholders.

NPR: Content creators blast a potential TikTok ban

1. The House is considering bipartisan legislation that could lead to a ban on TikTok, a popular app used by an estimated 170 million people in the U.S.
2. Content creators, like Amber Estenson (That Midwestern Mom), rely on TikTok as their main source of income and oppose the potential ban.
3. TikTok user, William McCoy (Izzy White), uses the platform to help homeless people in his community.
4. The proposed bill would force TikTok's parent company, ByteDance, to divest the app within six months or face a nationwide ban.
5. Critics argue that a ban is not the solution, as other platforms collect similar data and make it available to foreign governments.
6. TikTok maintains that it stores U.S. user data in a separate, U.S.-based entity, but many remain skeptical.

EFF: Congress Should Give Up on Unconstitutional TikTok Bans

1. A new bill, "Protecting Americans from Foreign Adversary Controlled Applications Act" (H.R. 7521), targets TikTok, potentially leading to a nationwide ban or a forced sale to a different company.
2. The bill could impact other platforms like Tencent's WeChat, and may not stop data sharing, as user data will still be collected and sold to data brokers.
3. The bill raises First Amendment concerns, potentially limiting freedom of speech and access to information on social media platforms.
4. A similar state ban in Montana was blocked by courts for violating users' First Amendment rights.
5. The core issue lies in out-of-control privacy invasions, which should be addressed by enacting comprehensive consumer data privacy legislation.
6. Instead of passing this bill, Congress should focus on preventing any company from collecting massive amounts of personal data, addressing the real problem of privacy invasions.

Digiday: Competition advocates urge further Privacy Sandbox delays

1. Competition advocates are urging Google to delay the retirement of third-party cookies in Chrome as the industry awaits the outcome of its antitrust trials.
2. Google's Privacy Sandbox proposals are seen by some as tactics to evade government censure and maintain behaviorally targeted advertising.
3. If Google's proposals receive full approval from the U.K.'s Competition Markets Authority, it could nullify potential remedies sought by U.S. antitrust authorities.
4. Privacy lobbyists cite legislation such as GDPR and the California Privacy Rights Act as models for privacy protection.
5. International lawmakers aim to bolster privacy, while regulators seek to boost competition in the ad tech sector.
6. Google faces antitrust woes from both sides of the Atlantic, including a $2.3 billion suit filed in a Netherlands court by over 30 European publishers.

IAPP: European Parliament approves landmark AI Act, looks ahead to implementation

1. The European Parliament approved the EU AI Act on March 13, 2024, creating tiers of risks and requirements for AI technologies.
2. The act requires human oversight, data governance, and technical documentation of AI systems, and will take effect 20 days after its publication in the Official Journal.
3. Prohibitions on AI with "unacceptable" levels of risk will not take effect until six months after the act is published.
4. The European AI Office will be set up to govern the act, develop benchmarks, and issue codes of practice.
5. Stakeholders can get involved by joining standardization bodies and reaching out to the European Commission.
6. The AI Act aims to be a global standard for AI regulation and is expected to face further rulemaking and legalese wrangling.

NYT: Inside the Blunders That Plunged the College Admission Season Into Disarray

1. The revamped Free Application for Federal Student Aid (FAFSA) system was meant to simplify the process, but its launch has been plagued with delays and technical issues.
2. The botched rollout has caused a backlog, leaving students and schools in limbo and disrupting the college admissions timeline.
3. The new form requires a social security number, which has caused issues for applicants without one, particularly those who are undocumented or "Dreamers."
4. The Education Department has promised to send students' financial information to schools by Friday, but the task is monumental due to the high volume of applications.
5. The problems with FAFSA have upended a critical function of the federal student aid process, affecting calculations of how much students should pay at colleges and universities.
6. The Government Accountability Office is investigating the FAFSA rollout, with Republicans claiming it took a back seat to other priorities like student loan debt forgiveness programs.

WSJ: Women Aren’t Getting the Big Jobs at Goldman Sachs, and They’re Heading for the Exits

1. Goldman Sachs has not met its goal of promoting women to senior levels, with many women leaving the firm or no longer holding partner titles.
2. Women are underrepresented in top positions, with only two female partners seen as credible succession candidates for CEO David Solomon.
3. Some high-performing women have left the firm for better opportunities elsewhere, citing limited paths for advancement.
4. Goldman's sprawling markets division has lost most of its experienced women partners, with some planning to leave.
5. The firm has seen a number of high-level female departures in recent years, with some moving to other companies.
6. Goldman's spokesman states that partner departures are within historical norms, and the firm is committed to increasing the number of women in senior ranks.

Economist: The private-equity industry has a cash problem

1. Private-equity investors are growing impatient due to a decrease in cash distributions from private-equity firms, known as "dpi," which is used to measure cash returned as a share of paid-in capital.
2. The decrease in "dpi" is due to rising interest rates, causing equity valuations to drop and limiting potential exit paths for private-equity managers.
3. The situation might be more damaging now, as allocations to private equity have increased and pension funds rely on income streams from investments to make payments to retirees.
4. Previous lean periods coincided with few investment opportunities for pension funds and plentiful ones for private-equity managers, but the current situation offers fewer opportunities for private-equity managers.
5. Firms are currently sitting on a record $2.6 trillion-worth of "dry powder," or capital committed by investors but not yet invested.
6. Investors will only be able to relax when they have their cash in hand again, and the market's recent strength may not necessarily lead to an increase in cash distributions.

Axios: Generative AI's privacy problem

1. Privacy is becoming a major issue in the AI debate, with concerns over large language models collecting personal information without consent.
2. Businesses are wary of employees using AI bots that could reveal proprietary information.
3. Lawsuits have been filed against Google, OpenAI, and others for violating privacy laws in training and operating AI services.
4. Generative AI's unique capabilities pose new challenges for protecting data privacy.
5. Online publishers and AI companies may use customer data to train future models.
6. Regulators, lawmakers, and courts will need to address privacy concerns in the AI realm.

WSJ: Nvidia and AI Have Given the Chip Industry a Lot to Prove

1. The semiconductor industry, led by Nvidia, has seen significant growth due to generative AI demand, but most of the benefits have gone to a single company.
2. The PHLX Semiconductor Index has dropped after reaching a record high, but it still trades 41% above its three-year average.
3. Five of the most expensive semiconductor companies on the index are expected to see revenue declines in 2023.
4. Nvidia's stock price has dropped recently, but its earnings growth has made its valuation cheaper than its historical average.
5. Nvidia is expected to announce a new AI computing processor, B100 Blackwell, at its developers' conference on Monday.
6. Analysts remain optimistic about Nvidia's AI business, but caution about the broader chip sector's rising multiples and market pressures.

Google: Browse safely with real-time protection on Chrome

1. Chrome introduces real-time Safe Browsing protections for desktop and iOS, checking sites against Google's server-side list of known bad sites.
2. Real-time protection aims to block 25% more phishing attempts and uses encryption for privacy.
3. Enhanced Protection mode offers additional security, including AI-based attack blocking and deep file scans.
4. Chrome's Password Checkup on iOS now flags weak and reused passwords, not just compromised ones.
5. Users can check for weak and reused passwords through Safety Check in Chrome Settings.
6. These features aim to help users stay safe online and address cybersecurity challenges.

WSJ: Your Sweet Tooth Is Getting Expensive

1. Cocoa prices have reached record levels due to bad weather in West Africa and speculation.
2. This price increase is affecting chocolate manufacturers, bakers, and consumers.
3. Higher cocoa prices have led to increased prices for chocolate and reduced product sizes.
4. The price increase is outpacing broader inflation, with candy and chewing gum prices up 5.8% in the last year.
5. The price increase is expected to continue, with some analysts predicting cocoa could reach $10,000 a metric ton.
6. This price increase may lead to changes in chocolate products, such as the use of cheaper fats and fillers, and reduced cocoa content.

IAPP: A view from DC: US House ready to pass data broker bill

1. The U.S. House of Representatives is considering two bills related to data security and foreign adversaries.
2. The first bill, HR 7521, focuses on forcing divestiture of apps and websites controlled by foreign adversaries, including TikTok.
3. The second bill, HR 7520, aims to prohibit data brokers from providing sensitive data to entities controlled by foreign adversaries.
4. The proposed laws would apply to countries like China, Russia, Iran, and North Korea.
5. The FTC would enforce the ban on sensitive data sales to foreign adversaries under HR 7520.
6. The bills emphasize the need for robust data handling processes and understanding data buyers' purposes.

EFF: How to Figure Out What Your Car Knows About You

1. Modern cars collect and share a significant amount of personal data, often for advertising and risk-assessment purposes.
2. Data shared can include driving habits, odometer readings, and other specific details, dependent on the car's make, model, and trim.
3. Dense legalese and unclear opt-in processes can lead to accidental sharing of data with insurance companies.
4. To manage data sharing, review your car's privacy policy, apps, and infotainment system settings.
5. Opt out of sharing data with third parties or for behavioral advertising when possible.
6. File a privacy request with the car manufacturer to access and manage collected data.

The Hill: Supreme Court tosses rulings on public officials’ social media blockings

1. Supreme Court clarified when public officials can block critical constituents on personal social media profiles without violating constitutional protections.
2. State officials cannot block constituents on personal pages if they have "actual authority" and "purported to exercise that authority" in relevant posts.
3. The court did not provide a definitive resolution and sent both cases back to lower courts to apply the new legal test.
4. The case highlights the ongoing battle over public officials' social media presence when they mesh official and personal roles.
5. The decision does not carve out a definitive win for either side but provides plaintiffs another chance at getting the officials' actions deemed unconstitutional.
6. The case follows a Supreme Court decision to dismiss a lawsuit over former President Trump blocking users on his Twitter account.

NPR: RBG's family condemns the selection of recipients of an award named in her honor

1. The Dwight D. Opperman Foundation has selected five individuals, including two convicted felons, a right-wing media executive, and a billionaire, to receive the Justice Ruth Bader Ginsburg Leadership Award.
2. Ginsburg's family is critical of the selection, stating that the decision is an "affront" to her memory and her values.
3. The award's name and criteria have been changed to include "trailblazing men and women" who "have changed the world by doing what they do best."
4. The Ginsburg family is pressing the foundation to restore the original criteria or remove Justice Ginsburg's name from the award.
5. The five recipients have notable achievements, but also have controversies and scandals in their backgrounds.
6. Ginsburg's family and supporters argue that the awardees do not align with the ideals of equality, respect, and engagement that Ginsburg advocated for.

NYT: Automakers Are Sharing Consumers’ Driving Behavior With Insurance Companies

1. Automakers, including GM, are sharing driving behavior data with insurance companies through data brokers like LexisNexis.
2. This data includes detailed trip information, such as distance driven, start and end times, and driving patterns like speeding or hard braking.
3. Drivers may not be aware that their data is being shared, as it is often buried in fine print or murky privacy policies.
4. Some drivers have experienced increased insurance premiums due to this shared data.
5. GM's OnStar Smart Driver service is one way this data is collected, and drivers can opt-out of it at any time.
6. Policymakers have expressed concern over the collection and potential misuse of this sensitive data.

Microsoft: Amazon violated workers’ rights at crucial air hub, labor regulators allege

1. Amazon workers at a Kentucky air hub have been seeking to unionize, demanding higher pay, more flexible schedules, and safer working conditions.
2. The National Labor Relations Board (NLRB) found that Amazon violated labor law by attempting to prevent workers from unionizing.
3. Amazon is accused of interrogating workers, threatening to call the police, and demoting workers involved in union organizing.
4. Amazon faces a complaint from the NLRB's regional office, requiring the company to read a notice to workers and follow specific instructions.
5. Amazon workers around the country have been trying to unionize for years, with over 240 charges filed against the company for alleged illegal tactics.
6. Amazon employees in Kentucky are part of the Amazon Labor Union, which has struggled with internal disputes and legal battles.

Newsweek: China's Defense of TikTok Hit With X Community Note

1. The Chinese government criticized the U.S. House of Representatives vote to separate TikTok from ByteDance, but TikTok has been factually inaccessible in China without a VPN.
2. The debate focuses on national security concerns, as Chinese companies must share data with the government upon request.
3. The U.S. bill would force ByteDance to sell TikTok within six months or face a ban, potentially impacting thousands of employees and influencers.
4. The Chinese government argues the move threatens fair competition and international trade rules.
5. TikTok, China's most successful tech export, has nearly 2 billion users worldwide, with about 150 million active users in the U.S.
6. The U.S. federal government and 39 states have restricted TikTok on government-issued devices, and there are discussions about banning TikTok in the U.S. Congress.