Will this spread to other countries?
https://www.ft.com/content/4a5235c5-acd0-4e81-9d44-2362a25c8eb3
Brazil supreme court rules digital platforms are liable for users’ posts
Brazil’s supreme court has ruled that social media platforms can be held legally responsible for users’ posts, in a decision that tightens regulation on technology giants in the country.
Companies such as Facebook, TikTok and X will have to act immediately to remove material such as hate speech, incitement to violence or “anti-democratic acts”, even without a prior judicial takedown order, as a result of the decision in Latin America’s largest nation late on Thursday.
Could I sue my twin brother?
Denmark to tackle deepfakes by giving people copyright to their own features
The Danish government is to clamp down on the creation and dissemination of AI-generated deepfakes by changing copyright law to ensure that everybody has the right to their own body, facial features and voice.
New tool…
ICE Is Using a New Facial Recognition App to Identify People, Leaked Emails Show
Immigration and Customs Enforcement (ICE) is using a new mobile phone app that can identify someone based on their fingerprints or face by simply pointing a smartphone camera at them, according to internal ICE emails viewed by 404 Media. The underlying system used for the facial recognition component of the app is ordinarily used when people enter or exit the U.S. Now, that system is being used inside the U.S. by ICE to identify people in the field.
The news highlights the Trump administration’s growing use of sophisticated technology for its mass deportation efforts and ICE’s enforcement of its arrest quotas. The document also shows how biometric systems built for one reason can be repurposed for another, a constant fear and critique from civil liberties proponents of facial recognition tools.
Can a non-person speak?
https://www.thefire.org/news/fire-court-ai-speech-still-speech-and-first-amendment-still-applies
FIRE to court: AI speech is still speech — and the First Amendment still applies
This week, FIRE filed a “friend-of-the-court” brief in Garcia v. Character Technologies urging immediate review of a federal court’s refusal to recognize the First Amendment implications of AI-generated speech.
The plaintiff in the lawsuit is the mother of a teenage boy who committed suicide after interacting with an AI chatbot modeled on the character Daenerys Targaryen from the popular fantasy series Game of Thrones. The suit alleges the interactions with the chatbot, one of hundreds of chatbots hosted on defendant Character Technologies’ platform, caused the teenager’s death.
Character Technologies moved to dismiss the lawsuit, arguing among other things that the First Amendment protects chatbot outputs and bars the lawsuit’s claims. A federal district court in Orlando denied the motion, and in doing so stated it was “not prepared to hold that the Character A.I. LLM's output is speech.”
FIRE’s brief argues the court failed to appreciate the free speech implications of its decision, which breaks with a well-established tradition of applying the First Amendment to new technologies with the same strength and scope as applies to established communication methods like the printing press or even the humble town square. The significant ramifications of this error for the future of free speech make it important for higher courts to provide immediate input.
Contrary to the court’s uncertainty about whether “words strung together by an LLM” are speech, assembling words to convey messages and information is the essence of speech. And, save for a limited number of carefully defined exceptions, the First Amendment protects speech — regardless of the tool used to create, produce, or transmit it.
(Related)
CDT and EFF Urge Court to Carefully Consider Users’ First Amendment Rights in Garcia v. Character Technologies, Inc.
On Monday, CDT and EFF sought leave to submit an amicus brief urging the U.S. District Court of the Middle District of Florida to grant an interlocutory appeal to the Eleventh Circuit to ensure adequate review of users’ First Amendment rights in Garcia v. Character Technologies, Inc. The case involves the tragic suicide of a child that followed his use of a chatbot and the complex First Amendment questions that accompany whether and how plaintiffs can appropriately recover damages alleged to stem from chatbot outputs.
CDT and EFF’s brief discusses how First Amendment-protected expression may be implicated throughout the design, delivery, and use of chatbot LLMs and urges the court to prioritize users’ interests in accessing chatbot outputs in its First Amendment analysis. The brief documents the Supreme Court’s long-standing precedent holding that the First Amendment’s protections for speech extend not just to speakers but also to people who seek out information. A failure to appropriately consider users’ First Amendment rights in relation to seeking information from chatbots, the brief argues, would open the door for unprecedented governmental interference in the ways that people can create, seek, and share information.
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