Monday, June 30, 2025

So we will see thousands of identical lawsuits?

https://www.bespacific.com/what-the-supreme-court-ruling-against-universal-injunctions-means-for-court-challenges-to-presidential-actions/

What the Supreme Court ruling against ‘universal injunctions’ means for court challenges to presidential actions

Via LLRX – What the Supreme Court ruling against ‘universal injunctions’ means for court challenges to presidential actions – When presidents have tried to make big changes through executive orders, they have often hit a roadblock: A single federal judge, whether located in Seattle or Miami or anywhere in between, could stop these policies across the entire country. But on June 27, 2025, the Supreme Court significantly limited this judicial power. In Trump v. CASA Inc., a 6-3 majority ruled that federal courts likely lack the authority to issue “universal injunctions” that block government policies nationwide. Professor Cassandra Burke Robertson explains how the ruling means that going forward federal judges can generally only block policies from being enforced against the specific plaintiffs who filed the lawsuit, not against everyone in the country.





Are we heading toward internal passports?

https://pogowasright.org/the-trump-administration-is-building-a-national-citizenship-data-system/

The Trump administration is building a national citizenship data system

Jude Joffe-Block and Miles Parks report:

The Trump administration has, for the first time ever, built a searchable national citizenship data system.
The tool, which is being rolled out in phases, is designed to be used by state and local election officials to give them an easier way to ensure only citizens are voting. But it was developed rapidly without a public process, and some of those officials are already worrying about what else it could be used for.
NPR is the first news organization to report the details of the new system.
[…]
DHS, in partnership with the White House’s Department of Governmental Efficiency (DOGE) team, has recently rolled out a series of upgrades to a network of federal databases to allow state and county election officials to quickly check the citizenship status of their entire voter lists — both U.S.-born and naturalized citizens — using data from the Social Security Administration as well as immigration databases.
Such integration has never existed before, and experts call it a sea change that inches the U.S. closer to having a roster of citizens — something the country has never embraced

Read more at NPR.

Related posts:



Sunday, June 29, 2025

Pointing to future trends?

https://pogowasright.org/new-jersey-issues-draft-privacy-regulations-the-new/

New Jersey Issues Draft Privacy Regulations: The New

Odia Kagan of Fox Rothschild writes:

New Jersey recently released draft privacy regulations, and there is a lot to unpack and process. In this three-part series, I will break down the regulations
Part 1: The New
Personal data:
  • Scraping is carved out of “publicly available data” and constitutes personal data.
  • Sale: Sharing with affiliates is not completely carved out. It doesn’t apply (i.e.. still a sale) if done to circumvent any obligations in the regs.
Scope of laws:
  • Carve out of applicability (aka “nothing herein shall prevent controller…”): You are bound by all obligations if your internal research includes sharing identified data with a third party not for one of the reasons in the carve out. You must get affirmative consent if your internal research uses the data to train AI.
Violations:
  • Under the regs, not providing a notice at or before the processing makes it a violation to collect the data (this is similar to the GDPR separate violations of Art 12-14 (need to provide notice) and the more serious Art 5 (violation of transparency).
Required (new) paperwork for showing data minimization to reflect:
  • Necessity of the data for each purpose.
  • Data inventory with type, where stored and who has access.
  • Retention.
  • Deletion and ensuring processor deletes.
  • Assess whether biometric identifiers are necessary (once a year)
  • Delete data after consent is revoked.
  • Written information security plan

Read more of Part 1: The New at Privacy Compliance & Data Security.





How AI takes over the world?

https://futurism.com/commitment-jail-chatgpt-psychosis

People Are Being Involuntarily Committed, Jailed After Spiraling Into "ChatGPT Psychosis"

As we reported earlier this month, many ChatGPT users are developing all-consuming obsessions with the chatbot, spiraling into severe mental health crises characterized by paranoia, delusions, and breaks with reality.

Her husband, she said, had no prior history of mania, delusion, or psychosis. He'd turned to ChatGPT about 12 weeks ago for assistance with a permaculture and construction project; soon, after engaging the bot in probing philosophical chats, he became engulfed in messianic delusions, proclaiming that he had somehow brought forth a sentient AI, and that with it he had "broken" math and physics, embarking on a grandiose mission to save the world. His gentle personality faded as his obsession deepened, and his behavior became so erratic that he was let go from his job. He stopped sleeping and rapidly lost weight.



Saturday, June 28, 2025

Perspective. (Before you can read, jump through these hoops.)

https://www.eff.org/deeplinks/2025/06/todays-supreme-court-decision-age-verification-tramples-free-speech-and-undermines

Today's Supreme Court Decision on Age Verification Tramples Free Speech and Undermines Privacy

Today’s decision in Free Speech Coalition v. Paxton is a direct blow to the free speech rights of adults. The Court ruled that “no person—adult or child—has a First Amendment right to access speech that is obscene to minors without first submitting proof of age.” This ruling allows states to enact onerous age-verification rules that will block adults from accessing lawful speech, curtail their ability to be anonymous, and jeopardize their data security and privacy. These are real and immense burdens on adults, and the Court was wrong to ignore them in upholding Texas’ law.





Perspective.

https://www.zdnet.com/article/how-the-senates-ban-on-state-ai-regulation-imperils-internet-access/

How the Senate's ban on state AI regulation imperils internet access

The issue is twofold: if passed, the rule would both constitutionally prohibit states from enforcing AI legislation and put often critical funding for internet access at risk.



Friday, June 27, 2025

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?

https://www.theguardian.com/technology/2025/jun/27/deepfakes-denmark-copyright-law-artificial-intelligence

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…

https://www.404media.co/ice-is-using-a-new-facial-recognition-app-to-identify-people-leaked-emails-show/

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)

https://cdt.org/insights/cdt-and-eff-urge-court-to-carefully-consider-users-first-amendment-rights-in-garcia-v-character-technologies-inc/

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. 

Read the full brief.



Thursday, June 26, 2025

Constraining surveillance?

https://www.404media.co/flock-removes-states-from-national-lookup-tool-after-ice-and-abortion-searches-revealed/

Flock Removes States From National Lookup Tool After ICE and Abortion Searches Revealed

Flock, the automatic license plate reader (ALPR) company with a presence in thousands of communities across the U.S., has stopped agencies across the country from searching cameras inside Illinois, California, and Virginia, 404 Media has learned. The dramatic moves come after 404 Media revealed local police departments were repeatedly performing lookups around the country on behalf of ICE, a Texas officer searched cameras nationwide for a woman who self-administered an abortion, and lawmakers recently signed a new law in Virginia. Ordinarily Flock allows agencies to opt into a national lookup database, where agencies in one state can access data collected in another, as long as they also share their own data. This practice violates multiple state laws which bar the sharing of ALPR data out of state or it being accessed for immigration or healthcare purposes.



Wednesday, June 25, 2025

Okay, but promise you won’t pirate anything…

https://www.jurist.org/news/2025/06/us-federal-judge-makes-landmark-ruling-on-ai-copyright-law/

US federal judge issues landmark ruling on AI copyright law

A federal judge in California issued a landmark ruling on Monday in one of the first major court decisions addressing Artificial Intelligence (AI) training and copyright law. In a mixed ruling, the court found that training large language AI models (LLMs) on copyrighted books is legal under the doctrine of fair use, while also holding that AI platforms cannot use pirated materials to train their systems.

The lawsuit, filed by three authors, challenged the use of copyrighted materials by Anthropic, a leading AI company. Anthropic reported over $1 billion in annualized recurring revenue at the end of 2024, and is most known for its platform “Claude.” The authors contend that Anthropic used copyrighted books without permission to train Claude’s family of LLMs. The lawsuit shows that Anthropic has used several million books to train its systems — some were purchased in print form and then digitally scanned, while others were pirated from online sources.

Writing for the US District Court for the Northern District of California, Judge William Alsup ruled that converting legally purchased books to a digital format for the purpose of training LLMs does not infringe on copyright protections because it was merely a format change, and “was not done for purposes trenching upon the copyright owner’s rightful interests.” The ruling notes that Anthropic’s use of the copyrighted materials falls under the fair use doctrine because of its “transformative” nature. 



 

Tuesday, June 24, 2025

The very definition of ‘open source intelligence.’

https://www.bespacific.com/whats-the-pizza-meter-and-how-did-it-become-a-meme/

What’s The ‘Pizza Meter’ And How Did It Become A Meme?

The Pentagon Pizza Orders Conspiracy Theory Explainer. The bigger the crisis and the more time government staffers are stuck in their offices, the more pizza they eat. At least that’s what the internet thinks according to the “Pizza Meter theory, which some believe could even predict the beginning of a possible World War III. The relatively old conspiracy theory resurfaced in early August this year after X user @RealBenGeller tweeted about the Pizza Meter being “off the charts” and the “bars” in Washington, D.C. being empty, sparking more predictions of a possible war or alarming controversy building inside the U.S. government. How could pizza deliveries indicate a possible threat of war? Allow us to explain! What Is The Pizza Meter Theory? The Pizza Meter, also known as the Pentagon Pizza Orders Theory, is a theory proposing that upticks in pizza orders received by restaurants near the Pentagon can predict international conflicts and times of crisis in the U.S. government. The concept originated in the early 1990s after a Domino’s Pizza franchise owner in Northern Virginia near the Pentagon named Frank Meeks, told newspapers that before major national security events, he saw a noticeable uptick in business…”





Why?

https://www.wired.com/story/elon-musk-computer-sam-altman/

Elon Musk’s Lawyers Claim He ‘Does Not Use a Computer’

The claim appeared in a court filing related to Elon Musk’s ongoing lawsuit against Sam Altman and OpenAI. The Tesla and xAI owner has posted about his laptop numerous times in the past year.





Perspective.

https://www.eff.org/deeplinks/2025/06/no-fakes-act-has-changed-and-its-so-much-worse

The NO FAKES Act Has Changed – and It’s So Much Worse

A bill purporting to target the issue of misinformation and defamation caused by generative AI has mutated into something that could change the internet forever, harming speech and innovation from here on out.

The Nurture Originals, Foster Art and Keep Entertainment Safe (NO FAKES) Act aims to address understandable concerns about generative AI-created “replicas” by creating a broad new intellectual property right. That approach was the first mistake: rather than giving people targeted tools to protect against harmful misrepresentationsbalanced against the need to protect legitimate speech such as parodies and satiresthe original NO FAKES just federalized an image-licensing system.

The updated bill doubles down on that initial mistaken approach by mandating a whole new censorship infrastructure for that system, encompassing not just images but the products and services used to create them, with few safeguards against abuse.

The new version of NO FAKES requires almost every internet gatekeeper to create a system that will a) take down speech upon receipt of a notice; b) keep down any recurring instancemeaning, adopt inevitably overbroad replica filters on top of the already deeply flawed copyright filters;  c) take down and filter tools that might have been used to make the image; and d) unmask the user who uploaded the material based on nothing more than the say so of person who was allegedly “replicated.”