in the clear: 2024-05-13

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.


Lawfare: Framework Interoperability: A New Hope for Global Digital Governance

  1. Framework interoperability is the ability of different regulatory frameworks to coexist and communicate, allowing for cross-border interactions and reducing regulatory friction.
  2. It is relevant to digital governance, including AI, immersive technologies, human-machine interface technologies, and quantum communications.
  3. It can balance the need for global integration and countries' push for regulatory autonomy.
  4. It is already a focus in global digital governance discussions, with terms like "digital sovereignty" and "tech nationalism" indicating a preference for greater regulatory autonomy.
  5. Interoperability can emerge from mutual recognition treaties, court decisions, and model laws.
  6. In the digital sphere, examples include the OECD's Declaration on Government Access to Personal Data and the Internet & Jurisdiction Policy Network's toolkits.

One First: 80. Louisiana's Congressional Map Comes Back to the Court

  1. The text discusses legal issues related to Louisiana's congressional districts, specifically concerning the creation of a second majority-minority district.
  2. The Louisiana legislature's initial redistricting plan was challenged for violating the Voting Rights Act of 1965 by diluting Black voters' votes.
  3. The Supreme Court previously froze a district court's ruling on the matter, allowing Louisiana to use a map in the 2022 midterms that lower courts had held to violate the VRA.
  4. In June 2023, the Supreme Court decided Allen v. Milligan, holding that Alabama had to draw a second majority-minority district, and sent Robinson v. Ardoin back to Louisiana for a new map.
  5. A new map was created with a second majority-minority district, but was challenged for racial gerrymandering in violation of the Equal Protection Clause.
  6. A district court ruled in favor of the plaintiffs, creating a remedial question of which map Louisiana should use in the 2024 election cycle.

Apple Newsroom: Apple and Google lead initiative for an industry specification to address unwanted tracking

  • Apple and Google proposed new specification to combat Bluetooth location-tracking (e.g. AirTag)
  • The specification is posted on the IETF's website for people to review and comment on

NPR: Legal experts say a TikTok ban without specific evidence violates the First Amendment

  1. TikTok has sued the U.S. government over a new law that could ban the app within 12 months if it doesn't sell its U.S. operations, citing potential First Amendment violations.
  2. Legal scholars surveyed by NPR suggest that a ban could infringe on TikTok users' First Amendment rights, as it may be based on hypothetical or potential threats.
  3. The U.S. government would need to prove in court that a ban is the least restrictive way to deal with any potential threat posed by TikTok.
  4. TikTok has a plan, "Project Texas," to address concerns by creating a firewall between U.S. user data and its Beijing-based parent company, ByteDance.
  5. The U.S. government will need to show why TikTok's proposed solution is inadequate, and the case may not be solely about security issues, but also about censoring speech.
  6. TikTok claims that divesting from ByteDance is not commercially, technologically, or legally feasible, and regulations in China could complicate or obstruct a sale.

NYT: A.I. Program Aims to Break Barriers for Female Students

  1. Break Through Tech A.I. is a program backed by Cornell Tech, M.I.T, and U.C.L.A, aimed at preparing lower-income, Latina and Black female computing majors for artificial intelligence careers.
  2. The program offers intensive classes, mentorship, and real-world project experience to help students gain skills and connections for A.I. and data science jobs.
  3. The program is free and primarily for students attending public institutions or minority-serving institutions, providing access to resources and opportunities they might not otherwise have.
  4. Participants take an online summer course in machine learning and work on A.I. challenges set up by employers. This year, students developed A.I. models to identify plant specimens for the New York Botanical Garden.
  5. Break Through Tech's approach has resulted in a high percentage of students securing paid internships, a crucial step in landing full-time tech jobs.
  6. The program is expanding, with a growing number of participants and a focus on addressing gender disparities and potential A.I. biases in the tech industry.

WSJ: Google Regains AI Initiative by Playing to Its Strengths

  1. Google is integrating generative AI into its search and Android services to compete with OpenAI's ChatGPT.
  2. Google's search and Android platforms are powerful distribution points for its AI technology, with over 90% and 70% market share respectively.
  3. Google announced AI overviews, a feature that generates more conversational answers to certain queries with a single click.
  4. Google demonstrated how mobile users can have audio-based conversations with its Gemini chatbot.
  5. Investors' confidence in Google has increased, with its stock performance outpacing Microsoft's since the launch of ChatGPT.
  6. The challenge for both Google and Microsoft is to demonstrate the financial benefits of their AI investments, with projected capital spending for the two reaching $97 billion this year.

Lawfare: When Manipulating AI Is a Crime

  1. "Prompt injection" is a method of manipulating AI systems by crafting specific prompts to bypass content generation restrictions.
  2. This manipulation can result in the creation of harmful or illegal content, such as bomb-making instructions or deepfake pornography.
  3. The law, particularly the Computer Fraud and Abuse Act (CFAA), may consider such manipulation as a form of cyber crime, specifically as "access without authorization."
  4. The Supreme Court's "gates up-or-down" inquiry can be used to determine if a user is accessing a system without authorization.
  5. The quality of the AI system's code and the user's intent are crucial factors in determining if AI manipulation is a criminal act.
  6. The value of the information obtained through AI manipulation is a consideration under the CFAA, but the distinction between dangerous and confidential information is not clear in the context of AI.

WSJ Opinion: Sunset of Section 230 Would Force Big Tech’s Hand

  1. Section 230 of the Communications Decency Act, which was designed to foster innovation and communication on the internet, is now being criticized for allowing Big Tech to avoid responsibility.
  2. Big Tech companies are accused of exploiting the law to profit from harmful content, particularly impacting children, and are not held accountable for managing illicit content on their platforms.
  3. The proposed bipartisan legislation aims to create a new legal framework that promotes free speech, innovation, and accountability for Big Tech, giving them 18 months to work with Congress on this.
  4. The legislation would hold social media companies responsible for failing to protect children, and remove their unique immunity that other industries do not enjoy.
  5. The bill is not expected to infringe on free speech or break the internet, as the First Amendment remains the basis for free-speech protections in the US.
  6. The goal of the legislation is to create a fair and safe digital environment, balancing the needs of companies, users, and the realities of the modern internet.

EFF: Fair Use Still Protects Histories and Documentaries—Even Tiger King

  1. The web page discusses the "fair use" doctrine, which protects the use of copyrighted material in certain circumstances, such as in Netflix's documentary series "Tiger King."
  2. A videographer who worked at the Greater Wynnewood Exotic Animal Park sued Netflix for copyright infringement over the use of his video clips in "Tiger King."
  3. A federal court in Oklahoma ruled in favor of Netflix, stating that the use of the video was "transformative." However, a Court of Appeals reversed this decision, leading to calls for the court to revisit its interpretation of fair use.
  4. The Supreme Court's decision in "Andy Warhol Foundation for the Visual Arts v. Goldsmith" is central to the appeals court's ruling, particularly its view on what constitutes a "transformative" use.
  5. The concept of fair use is vital for many types of free expression, including in documentaries, histories, biographies, computer software, and even court opinions.
  6. The Tenth Circuit court has agreed to reconsider its decision, following concerns raised by EFF and others about the potential overreach in the interpretation of fair use.

NYT: An A.I. Robot Named Sophia Tells Graduates to Believe in Themselves

  1. D'Youville University in Buffalo, NY had an AI robot named Sophia speak at its commencement on May 15, 2024.
  2. Sophia's speech was based on common themes from other commencement addresses, including embracing lifelong learning, being adaptable, pursuing passions, taking risks, fostering meaningful connections, making a positive impact, and believing in oneself.
  3. The university's president, Dr. Lorrie Clemo, stated that the aim was to showcase the importance of technology and its potential to enrich the human experience.
  4. Sophia was asked questions by the student body president, John Rizk, instead of delivering a traditional prepared speech.
  5. The decision to have a robot speak was met with some backlash, with students expressing feelings of disrespect and impersonality.
  6. Sophia's remarks, while generic, were well-received, and she ended by saying "Anything is possible. Go Bills."

Lawfare: Targeting TikTok

  1. TikTok is challenging a legislative ban on its use in the US due to perceived disloyalty, similar to previous cases with Huawei and Disney.
  2. The 2019 Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA) prohibits app stores from distributing or updating TikTok if controlled by a foreign adversary.
  3. Legislative targeting of individuals or companies, like TikTok, can raise suspicions of unseemly motives such as animus or favoritism.
  4. The Supreme Court has been inconsistent in its treatment of targeted legislation, upholding some targeted statutes while criticizing others.
  5. The constitutionality of targeted legislation remains unclear, with conflicting signals from the Supreme Court.
  6. The D.C. Circuit is currently considering TikTok's petition to invalidate PAFACA, which could set a precedent for future cases of targeted legislation.

NPR: Supreme Court upholds Louisiana redistricting plan

  1. The Supreme Court upheld a new congressional redistricting plan in Louisiana, creating a second majority Black district.
  2. The decision is limited to the 2024 election cycle, and a new challenge to the second district can be filed for the next term.
  3. The court's six conservative justices voted in favor of the Louisiana plan, while the liberals would not have intervened at this point.
  4. The decision gives the court an additional tool to OK or veto congressional redistricting plans months before an election.
  5. The state legislature's map was challenged by a group of conservatives for allegedly being a racial gerrymander.
  6. The Supreme Court allowed the new map to go into effect, but a constitutional challenge to the Voting Rights Act may impact it in the future.

NYT: DeSantis Signs Law Deleting Climate Change From Florida Policy

  1. Governor Ron DeSantis has signed a law that no longer requires Florida's state government to consider climate change when crafting energy policy.
  2. The new law prohibits the construction of offshore wind turbines in state waters and repeals grant programs encouraging energy conservation and renewable energy.
  3. It also eliminates requirements for state agencies to use climate-friendly products and fuel-efficient vehicles, and prevents municipalities from restricting the type of fuel used in appliances.
  4. Florida is one of the states most vulnerable to climate change impacts, with rising sea levels, increased flooding, and extreme weather causing significant damage and insurance issues.
  5. Governor DeSantis has supported programs to make communities more resilient to extreme weather, but has criticized climate policies as part of a broader partisan culture war.
  6. The law's symbolic action of deleting climate change as a priority may impact private-sector actions, research, and investment in clean-energy efforts within the state.

NYT: Does Your Dog Really Belong in This Restaurant?

  1. According to the New York City health code, live animals, including pets, are generally not allowed in food service establishments.
  2. The Americans With Disabilities Act allows service animals, required due to the owner's disability, to enter restaurants, but other pets are usually not permitted.
  3. There is a rise in the number of pets, particularly emotional support dogs, in restaurants, leading to conflicts and confusion.
  4. This trend has led to challenges for service dog owners, as the distinction between service and non-service animals can be blurred.
  5. Restaurant staff often find it difficult to manage this situation due to the fear of denying a dog and the lack of clear guidelines for identifying service animals.
  6. The health department can fine restaurants for live animal violations, but enforcement is lax and fines are relatively small.

Lawfare: Legal Challenges to Compute Governance

  1. The development of AI relies on the "AI triad" of data, algorithms, and compute power. Governments are increasingly focusing on regulating compute as a means to control AI growth and direction.
  2. Compute governance involves tracking compute production and distribution, influencing the pace of AI development, and potentially enforcing AI regulatory regimes.
  3. The EU and the US have started implementing compute-oriented regulations. The EU's AI Act introduces strict requirements for models using high compute power, while the US pulls compute levers to control AI development and influence which companies remain at the forefront.
  4. Compute governance could use firmware mechanisms on AI chips (on-chip mechanisms) to verify compliance with AI regulatory regimes, potentially starting at a national level.
  5. International compute governance is crucial due to the global nature of the AI industry. It can help stem the flow of chips to bad actors and ensure developing states with emerging tech sectors are not left behind.
  6. The establishment of an international body to monitor and verify compliance with AI governance rules could be a solution for effective international compute governance. This body could operate similarly to the International Atomic Energy Agency (IAEA) for AI.

NYT: Pizza Boxes Finally Get Their Own Recycling Bin

  1. The Central Park Conservancy has introduced a specialized pizza-recycling bin to address the issue of properly disposing pizza boxes.
  2. The bin is designed to fit 50 pizza boxes and is located near the Metropolitan Museum of Art in Central Park.
  3. The new bin is a response to the surge in park visitors and pizza consumption during the pandemic.
  4. The park staff will collect boxes at least three times a day and send them for recycling at the Mount area in the park's north end.
  5. The city's sanitation department has adapted its processes to recycle pizza boxes efficiently, turning them into paper, cardboard, or new pizza boxes.
  6. The new bin is expected to help with the city's mission to reduce the rat population by better managing food waste.

NYT: Columbia Professors Host an Alternative Graduation for Students

  1. An alternative graduation ceremony, called "The People's Graduation", was organized by Columbia faculty and staff for students who felt alienated from the university due to cancelled or moved ceremonies.
  2. The event was held near Columbia's campus in Manhattan, featuring speeches by pro-Palestinian activists and clergy from various faiths.
  3. The alternative graduation was a response to Columbia's decision to move official ceremonies off-campus due to protests, and the establishment of a pro-Palestinian encampment on campus.
  4. The event took place at the Cathedral of St. John the Divine, and was attended by college students from across New York City, many of whom wore the traditional powder blue caps and gowns of Columbia.
  5. The Palestinian-American poet Fady Joudah read a poem he wrote during the war in Gaza, and a video message from Hind Khoudary, a Palestinian journalist in Gaza, was played.
  6. The alternative graduation was a way for students to express their political views and celebrate their accomplishments in a space where they felt welcomed and understood.

Security Week: User Outcry as Slack Scrapes Customer Data for AI Model Training

  1. Slack has been using customer data to train AI/ML models without their explicit opt-in.
  2. This includes messages, files, and usage information, which has sparked privacy concerns.
  3. Users can opt-out of having their data used in Slack's global models by contacting the Customer Experience team.
  4. Slack AI, a generative AI experience, is a separately purchased add-on that uses Large Language Models (LLMs).
  5. Slack claims it does not train these LLMs on customer data and keeps user data in their control.
  6. There are concerns about data privacy and control, with some users feeling the burden of opting out should not be on them.

NYT: Protesters Take Over Institute of Politics at the University of Chicago

  1. Pro-Palestinian protesters stormed the Institute of Politics building at the University of Chicago, confronting the director, former Senator Heidi Heitkamp.
  2. The protest was due to the university's ties to Israel, and the group demanded the abolishment of the university.
  3. The demonstrators overturned furniture, damaged property, and ignored orders to leave, leading to their removal by the police.
  4. The protest continued into the evening outside the institute, with protesters chanting, yelling, and pounding drums.
  5. University officials have stated that protests cannot jeopardize safety, disrupt operations, or involve property destruction.
  6. The Institute of Politics building's sign was covered with a placard reading "permanent cease-fire now."

Politico: French TikTok block in overseas territory sets ‘dangerous precedent,’ critics warn

  1. The French government blocked TikTok in one of its overseas territories, New Caledonia, due to widespread protests.
  2. This is the first time such a measure has been taken within the European Union.
  3. The ban was implemented as part of state-of-emergency measures, which also include the deployment of troops and an initial 12-day curfew.
  4. The ban has been contested by digital rights NGO Quadrature du Net and others for its impact on freedom of expression online.
  5. This move coincides with an escalation in President Emmanuel Macron's position on regulating the internet and its harmful effects.
  6. The ban has raised concerns about the potential abuse of internet shutdowns by governments worldwide and the impact on civil liberties.

NYT: Why the Equal Rights Amendment Is Again a Hot Topic in New York

  1. The Equal Rights Amendment in New York is a proposed amendment to the State Constitution that aims to safeguard abortion protections and prevent discrimination, particularly against transgender athletes.
  2. The amendment is a topic of debate in New York's 2024 election, with Republicans opposing it and Democrats supporting it.
  3. A state judge has ordered the removal of the amendment from the November ballot due to procedural errors, but the Democratic state attorney general has appealed the ruling.
  4. The amendment is seen as a means to protect against discrimination based on race, disability, religion, sexual orientation, gender identity, and other characteristics.
  5. Republicans are focusing on barring transgender athletes from girls’ and women’s sports, arguing that it is a more persuasive argument than the threat to abortion.
  6. A group called the Coalition to Protect Kids opposes the amendment, claiming it could override parental decision-making on medical issues.

Washington Post: AI chatbots won’t enjoy tech’s legal shield, Section 230 authors say

  1. The legal shield of Section 230, which protects digital services from lawsuits over user content, may not apply to AI-generated content like ChatGPT, according to its authors Reps. Ron Wyden and Chris Cox.
  2. The Supreme Court is currently examining whether social networks can be shielded from liability for allegedly promoting content from terrorist groups.
  3. The White House's plan to force a sale of TikTok may face similar legal and congressional hurdles that stifled President Trump's efforts in 2020.
  4. The Federal Trade Commission has ordered major social media and video platforms to provide information on how they screen and scrutinize advertisements for misleading information.
  5. The FTC is collecting information about the companies' policies for paid commercial ads and their processes for screening and monitoring for compliance with those policies.
  6. Meta CEO Mark Zuckerberg addressed employee trust during a town hall after the company began layoffs of 10,000 employees, emphasizing company performance and corporate transparency.

GeekWire: Nothing to see here, Amazon tells court in response to FTC’s complaints about Signal messages

  1. Amazon responds to the FTC's allegations about executives' use of the Signal app, stating that it was not used for structured business discussions but for quick exchanges on sensitive topics.
  2. Amazon asserts that there is no evidence of relevant messages being lost or concealed, and denies the FTC's claim that messages had disappeared.
  3. The FTC had accused Amazon of deleting Signal messages during its pre-Complaint investigation and not preserving them, which Amazon denies.
  4. Amazon claims to have acted properly in preserving relevant evidence, providing executives with instructions on how to disable Signal's disappearing messages feature.
  5. The dispute is part of a landmark antitrust suit filed by the FTC and 17 states against Amazon, alleging illegal use of power in e-commerce.
  6. Amazon asserts that it has cooperated fully with the FTC's investigation, providing a large number of documents and data.

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