Tuesday, August 05, 2025

Implement, then think it through.

https://www.techdirt.com/2025/08/04/didnt-take-long-to-reveal-the-uks-online-safety-act-is-exactly-the-privacy-crushing-failure-everyone-warned-about/

Didn’t Take Long To Reveal The UK’s Online Safety Act Is Exactly The Privacy-Crushing Failure Everyone Warned About

Well, well, well. The “age assurance” part of the UK’s Online Safety Act has finally gone into effect, with its age checking requirements kicking in a week and a half ago. And what do you know? It’s turned out to be exactly the privacy-invading, freedom-crushing, technically unworkable disaster that everyone with half a brain predicted it would be.

Let’s start with the most obvious sign that this law is working exactly as poorly as critics warned: VPN usage in the UK has absolutely exploded. Proton VPN reported an 1,800% spike in UK sign-ups.  Five of the top ten free apps on Apple’s App Store in the UK are VPNs. When your “child safety” law’s primary achievement is teaching kids how to use VPNs to circumvent it, maybe you’ve missed the mark just a tad.

But the real kicker is what content is now being gatekept behind invasive age verification systems. Users in the UK now need to submit a selfie or government ID to access:



Monday, August 04, 2025

Where should we draw the line?

https://www.kansascity.com/news/state/kansas/article311555392.html

Lawrence schools used 24/7 ‘digital surveillance’ on students, some say in suit

Nine teenage students of Lawrence’s high schools — seven former, and two current — filed suit Friday in the U.S. District Court for the District of Kansas claiming that school district subjected them to unlawful “round-the-clock digital surveillance.”

At issue is use of a third-party digital platform, software known as Gaggle, that they claim the district began using in November 2023 to unlawfully scan students’ emails, documents and other files on the digital devices given to them by the school. Through Gaggle, they say, the school conducted “suspicionless searches and seizures of student expression on a scale and scope that no court has ever upheld — and that the Constitution does not permit.”

… “This case,” the filing reads, “challenges the Lawrence, Kansas School District’s decision and policy to subject all students to round-the-clock digital surveillance — scanning their files, flagging their speech, and removing their creative work from access, often without notice, suspicion of suspected wrongdoing, or meaningful recourse.”

The suit, filed by Kansas City attorney Mark P. Johnson, asked for unspecified monetary damages and for the district to cease using Gaggle, which the suit claims violates the students’ 1st Amendment rights to free speech, their Fourth Amendment protections against unreasonable searches and siezures, and their Fourteenth Amendment guarantee of due process.





Perspective.

https://blogs.lse.ac.uk/businessreview/2025/08/01/why-is-gdpr-compliance-still-so-difficult/

Why is GDPR compliance still so difficult?

In our research, we analysed 16 academic studies that explore the challenges businesses face when trying to comply with the GDPR. Our findings disclose a far more complex reality than the simplistic explanation of merely “not knowing the law”, revealing a wide range of challenges that still need to be addressed.

Our analysis identifies four main types of challenges that businesses face in implementing the GDPR: technical, legal, organisational, and regulatory.



Sunday, August 03, 2025

Can we build a prison for AI and robots?

https://digitalcommons.bau.edu.lb/lsjournal/vol2024/iss1/6/

THE CRIMINAL LIABILITY OF INTELLIGENT ROBOTS: BETWEEN REALITY AND THE LAW

Artificial intelligence, in its modern perspective, is regarded as having the capacity to perform duties. But is it, in turn, capable of bearing responsibility—specifically, criminal liability?

In principle, punishment under criminal law is imposed on an accused individual because they deliberately violate the rules and provisions of the law, aiming to achieve criminal outcomes they intend. This implies the presence of a conscious and aware will. In contrast, a robot lacks such will and awareness, meaning that, from a legal standpoint, it does not qualify as a legal person under the traditional classification of legal entities.

Accordingly, this study raises the question of how criminal penalties could be imposed on a robot and whether this is even possible. If the penalties stipulated in criminal law cannot be applied, what are the possible alternatives, and can they be considered legally valid?

This research follows the attached plan, which forms the basis for the findings and recommendations.





Have we forgotten how to be polite?

https://www.independent.com/2025/07/09/first-amendment-auditors-near-cottage-hospital-harass-and-film-patients-and-customers/

First Amendment Auditors’ near Cottage Hospital Harass and Film Patients and Customers

Wednesday morning, on the sidewalks around Cottage Hospital on Nogales Avenue, three men dressed in dark clothing, one masked, armed with tripods and cameras were reportedly harassing members of the public by recording videos, shouting profanity, and threatening identity theft, according to sources at the scene.

Engaged in what is called “First Amendment auditing,” the trio, including two who later identified themselves as Mr. Dick Fitzwell and Mr. Hill, succeeded in having bystanders call 9-1-1. Santa Barbara Police Department officers and security personnel for nearby businesses responded, arriving around 10 a.m. The men had remained on public property and were not targeting specific individuals, Lieutenant Antonio Montojo said, and no arrests were warranted. Montojo, who was on watch command duty for SBPD, said the “auditors” were not associated with law enforcement, and were trying to provoke a response from people to get them to call 9-1-1.

… “First Amendment Auditing” is trending among citizen activists, who record public officials and employees in public spaces to test their understanding and respect for First Amendment rights, particularly the right to photograph and record in public. The “auditors” target unwitting members of the public in the hope they call 9-1-1. Once they do, arriving law enforcement is photographed, with any missteps uploaded to YouTube or TikTok.





Did they get it right?

https://www.sacbee.com/opinion/op-ed/article311536381.html

How artificial intelligence is reshaping California's judicial system | Opinion

Imagine you’re in court for a traffic ticket or a child custody dispute. You expect a judge to weigh your case with impartial wisdom and a thorough understanding of the law. But what if, behind the scenes, parts of your ruling were drafted by artificial intelligence?

This month, the California Judicial Council, which oversees the largest court system in the country, approved groundbreaking rules regulating generative AI use by judges, clerks and court staff. By September 1, every courthouse from San Diego to Siskiyou must follow policies that require human oversight, protect confidentiality and guard against AI bias.

The council’s new guidelines are prudent: They forbid court personnel from allowing AI to draft legal documents or make decisions without meaningful human review. They warn against inputting sensitive case details into public AI platforms, preventing data leaks. They recognize the danger of bias baked into AI systems trained on flawed or discriminatory case law.

In an overstretched judicial system, these safeguards are essential. But safeguards are not barriers. And the AI genie is out of the bottle. California courts already rely on algorithmic tools. Judges use AI-powered risk assessments, like COMPAS, to predict defendants’ likelihood of reoffending, guiding bail and sentencing decisions. These tools have sparked fierce controversy as there is racial bias in the technology, yet they remain widespread.





Perspective.

https://www.researchgate.net/profile/Nishchal-Soni/publication/394105140_Social_Media_Forensics_Foundations_Technical_Frameworks_and_Emerging_Challenges/links/6889e8d5f8031739e609a006/Social-Media-Forensics-Foundations-Technical-Frameworks-and-Emerging-Challenges.pdf

Social Media Forensics: Foundations, Technical Frameworks, and Emerging Challenges

Social media forensics (SMF) has emerged as a critical subdomain of digital forensics, addressing the complex task of collecting, analyzing, and preserving evidence from dynamic, user-driven platforms. As social media plays an increasingly central role in communication, crime, and civil disputes, investigators face significant obstacles related to data volatility, platform encryption, legal jurisdiction, and user privacy. This review explores the foundational theories behind SMF, the legal frameworks that govern its practice, the array of technical tools and methodologies used for investigation, and the tactics employed by adversaries to evade detection or manipulate evidence. Special emphasis is placed on the evolving threat landscape, including deepfakes, ephemeral messaging, and decentralized platforms, as well as emerging solutions in artificial intelligence, blockchain, and real-time forensics. The paper concludes with a forward-looking perspective on the strategic, technological, and policy innovations needed to strengthen forensic readiness and ensure the integrity of digital investigations in an increasingly complex online ecosystem.



Friday, August 01, 2025

Perspective.

https://www.psychologytoday.com/us/blog/the-digital-self/202507/the-vapid-brilliance-of-artificial-intelligence

The Vapid Brilliance of Artificial Intelligence

The algorithm doesn't lie; it just doesn’t care.

new study from Princeton and Berkeley gives this timely dynamic a name that might be as provocative as the research concept itself: machine bullsh*t. Drawing from Harry Frankfurt’s classic definition, the researchers analyzed 2,400 real-world prompts across 100 artificial intelligence (AI) assistants, spanning political, medical, legal, and customer-facing contexts. What they found wasn’t malicious fabrication or factual error. They revealed that large language models (LLMs) produced persuasive language without regard for truth. They're not lying—not even hallucinating; they just produced a kind of engineered emptiness.

For me, this isn’t an anomaly; it’s a confirmation of a deeper cognitive inversion. It's what I’ve called anti-intelligence. It's how LLMs mimic the structure of thought via statistical coherence, but that is, in essence, antithetical to human thought.



Thursday, July 31, 2025

Perspective.

https://www.bespacific.com/artificial-intelligence-and-the-law-a-discussion-paper/

Artificial Intelligence and the Law: a discussion paper

UK. Law Commission: “The paper aims to raise awareness of legal issues regarding AI, prompting wider discussion of the topic, and to act as a step towards identifying those areas most in need of law reform. ” July 31, 2025.”… With the rapid development and improved performance of AI has come increased investment and wider and more frequent applications of it. AI is expected to deliver social and economic benefits, leading to increased productivity, boosting economic growth and output, and may lead to innovations that can save and improve lives, such as the development of new cancer drugs or new medical treatments. Taking advantage of those opportunities is a focus for Government, as set out in its AI Opportunities Action Plan, published in January 2025. In 2025, Government also reached agreements with leading AI developers Anthropic, Google, and OpenAI to take advantage of opportunities offered by AI and explore increased investment in and use of AI. However, as with other technological developments, AI’s potential to deliver benefits  comes with risks that it will cause harm. AI has been used to perpetuate fraud, cause harassment, assist in cyber hacks, spread disinformation that harms democratic processes, and can create “deepfake” images of people as a form of abuse or to enable identity theft, among other examples. There are also concerns that increased use of AI could cause harm by way of social upheaval, that AI will replace existing workforces, at scale, in a wide range of industries, from manual to highly-skilled. Further concerns exist about the environmental impact of technology that is using an increasingly large quantity of energy and water…”





Latest target? AI!

https://newsroom.ibm.com/2025-07-30-ibm-report-13-of-organizations-reported-breaches-of-ai-models-or-applications,-97-of-which-reported-lacking-proper-ai-access-controls

IBM Report: 13% Of Organizations Reported Breaches Of AI Models Or Applications, 97% Of Which Reported Lacking Proper AI Access Controls

IBM today released its Cost of a Data Breach Report, which revealed AI adoption is greatly outpacing AI security and governance. While the overall number of organizations experiencing an AI-related breach is a small representation of the researched population, this is the first time security, governance and access controls for AI have been studied in this report, which suggests AI is already an easy, high value target.

  • 13% of organizations reported breaches of AI models or applications, while 8% of organizations reported not knowing if they had been compromised in this way.

  • Of those compromised, 97% report not having AI access controls in place.

  • As a result, 60% of the AI-related security incidents led to compromised data and 31% led to operational disruption.



Wednesday, July 30, 2025

Where is this headed? Ratings for each video?

https://www.reuters.com/legal/litigation/australia-widens-teen-social-media-ban-youtube-scraps-exemption-2025-07-29/

Australia widens teen social media ban to YouTube, scraps exemption

Australia said on Wednesday it will add YouTube to sites covered by its world-first ban on social media for teenagers, reversing an earlier decision to exempt the Alphabet-owned, opens new tab video-sharing site and potentially setting up a legal challenge.

The decision came after the internet regulator urged the government last month to overturn the YouTube carve-out, citing a survey that found 37% of minors reported harmful content on the site, the worst showing for a social media platform.



(Related)

https://techcrunch.com/2025/07/29/youtube-rolls-out-age-estimatation-tech-to-identify-u-s-teens-and-apply-additional-protections/

YouTube rolls out age-estimation tech to identify US teens and apply additional protections

YouTube on Tuesday announced it’s beginning to roll out age-estimation technology in the U.S. to identify teen users in order to provide a more age-appropriate experience. The company says it will use a variety of signals to determine the users’ possible age, regardless of what the user entered as their birthday when they signed up for an account.

When YouTube identifies a user as a teen, it introduces new protections and experiences, which include disabling personalized advertising, safeguards that limit repetitive viewing of certain types of content, and enabling digital well-being tools such as screen time and bedtime reminders, among others.





Tools & Techniques. Probably not the answer we need…

https://openai.com/index/chatgpt-study-mode/

Introducing study mode

Today we’re introducing study mode in ChatGPT—a learning experience that helps you work through problems step by step instead of just getting an answer. Starting today, it’s available to logged in users on Free, Plus, Pro, Team, with availability in ChatGPT Edu coming in the next few weeks.

ChatGPT is becoming one of the most widely used learning tools in the world. Students turn to it to work through challenging homework problems, prepare for exams, and explore new concepts. But its use in education has also raised an important question: how do we ensure it is used to support real learning, and doesn’t just offer solutions without helping students make sense of them?

We’ve built study mode to help answer this question. When students engage with study mode, they’re met with guiding questions that calibrate responses to their objective and skill level to help them build deeper understanding. Study mode is designed to be engaging and interactive, and to help students learn something—not just finish something.



Tuesday, July 29, 2025

Don’t like that law? There’s an App for that!

https://thenextweb.com/news/proton-vpn-uk-top-app-age-verification

Proton VPN rises to top UK app charts as porn age checks kick in

Proton VPN has become the UK’s most downloaded free app, as Britons rush to bypass a new law requiring users to verify their age before accessing websites hosting adult content.

Proton VPN reported a staggering 1,400% surge in UK sign-ups almost immediately after the Online Safety Act came into effect. It is now Britain’s most downloaded free app, overtaking ChatGPT, according to Apple’s App Store rankings.





Welcome to the anti-lawyer…

https://futurism.com/chatgpt-legal-questions-court

If You've Asked ChatGPT a Legal Question, You May Have Accidentally Doomed Yourself in Court

Imagine this scenario: you're worried you may have committed a crime, so you turn to a trusted advisor — OpenAI's blockbuster ChatGPT, say — to describe what you did and get its advice.

This isn't remotely far-fetched; lots of people are already getting legal assistance from AI, on everything from divorce proceedings to parking violations. Because people are amazingly stupid, it's almost certain that people have already asked the bot for advice about enormously consequential questions about, say, murder or drug charges.

According to OpenAI CEO Sam Altman, anyone's who's done so has made a massive error — because unlike a human lawyer with whom you enjoy sweeping confidentiality protections, ChatGPT conversations can be used against you in court.



Monday, July 28, 2025

At least SciFi has considered these issues.

https://www.proquest.com/openview/0495c1e86b831c212e738b45dd5f6023/1?pq-origsite=gscholar&cbl=2036059

AI ACT AND THE ECHO OF ASIMOV'S LAWS OF ROBOTICS. WHEN THE LACK OF LEGAL SOURCES PUSHED THE EU TOWARDS SCIENCE FICTION

We are living in a time of rapid technological advancement, particularly in the field of AI, and more specifically, Generative AI (GAI). As GAI models increasingly permeate everyday life, the urgent need for effective regulation has become apparent. This paper explores how the EU, in its effort to fill the legislative vacuum surrounding AI, drew inspiration from unconventional sources, including science fiction literature. Specifically, it examines the extent to which Isaac Asimov’s Three Laws of Robotics, though fictional, have influenced the structure and ethical principles of the EU’s AI Act. The primary objective of this study is to analyze the resonance between Asimov’s fictional ethical framework and the normative architecture of the AI Act. To achieve this, we employ a qualitative legal research methodology, using comparative textual analysis of the AI Act alongside Asimov’s literary works and relevant policy documents. The paper is grounded in the theoretical perspectives of legal pragmatism and science and technology studies, focusing on how imagined futures can shape real-world regulatory choices. Our findings suggest that the AI Act reflects key elements of Asimov’s principles, especially the emphasis on human safety, ethical use, and transparency. This highlights an instance where speculative fiction has provided a conceptual foundation for actual legislation. The paper concludes by advocating for adaptable, ethics-based regulatory approaches that can evolve alongside AI technologies, reinforcing the idea that flexible legal structures are essential in responding to the dynamic nature of AI.



Friday, July 25, 2025

Perspective.

https://news.bloomberglaw.com/litigation/kagan-says-she-was-impressed-by-ai-bot-claudes-legal-analysis

Kagan Says She Was Impressed by AI Bot Claude’s Legal Analysis

US Supreme Court Justice Elena Kagan found AI chatbot Claude to have conducted an excellent analysis of a complicated Constitutional dispute.

Kagan, speaking at the Ninth Circuit’s judicial conference in Monterey, Calif., said she has been following a blog by Supreme Court litigator Adam Unikowsky of Jenner & Block LLP, who has undertaken a number of experiments with AI and legal writing. In one blog last year, he asked the chatbot to analyze the high court’s divided opinions involving the Confrontation Clause, where Kagan had authored both majority and dissenting opinions.

Claude, I thought, did an exceptional job of figuring out an extremely difficult Confrontation Clause issue, one which the court has divided on twice,” Kagan said.

Unikowsky this month published a post where he fed Anthropic PBC’s flagship Claude all of the briefs for a case he had argued last fall and asked the model to act as an attorney providing oral argument to the high court. He concluded that the bot provided better argument than he had.



Thursday, July 24, 2025

No doubt everyone in law enforcement will want one of these, attached to their own databases.

https://www.bespacific.com/new-ice-mobile-app-pushes-biometric-policing-onto-american-streets/

New ICE mobile app pushes biometric policing onto American streets

BiometricUpdate.com: “U.S. Immigration and Customs Enforcement (ICE) has quietly deployed a new surveillance tool in its Enforcement and Removal Operations (ERO) arsenal – a smartphone app known as Mobile Fortify. Designed for ICE field agents, the app enables real-time biometric identity verification using facial recognition or contactless fingerprints. Based on leaked emails reported by 404 Media, the introduction of Mobile Fortify marks a profound shift in ICE’s operational methodology of using traditional fingerprint-based stationary checks to using mobile, on-the-go biometric profiling that echoes the type of border surveillance previously confined to airports and ports of entry. Mobile Fortify was built to integrate seamlessly with multiple Department of Homeland Security (DHS) biometric systems. Agents using ICE-issued mobile devices can now photograph a subject’s face or fingerprint, triggering a near-instant biometric match against data sources that include CBP’s Traveler Verification Service and DHS’s broader Automated Biometric Identification System (IDENT) database which contains biometric records on over 270 million individuals. This level of portability and automation suggests a capability that is poised to extend biometric surveillance far beyond designated checkpoints and into neighborhoods, local transport hubs, and any environment in which ICE officers operate. Facial recognition, though notably less reliable than fingerprints, is nevertheless embedded in the app’s core functionality. A February 2025 DHS Inspector General audit had warned that reliance on facial recognition risked misidentification. ICE agents have been observed pointing phones at individuals in cars during protests and other domestic operations, although it remains unclear whether Mobile Fortify was active in those encounters. The presence of a “training mode” within the app’s software though suggests that ICE envisions a spectrum of deployments from casual identity checks to more deliberate urban biometric sweeps. Although ICE officials stress that biometric matching happens in real time, the underlying model appears to be automated. A mobile photo or print is captured, transmitted to a DHS server linked to identity repositories, and compared through algorithmic matching – most likely involving AI-enhanced pattern recognition.



(Related)

https://www.bespacific.com/deportation-data-project/

Deportation Data Project

Immigration and Customs Enforcement. ICE collects data on every person it encounters, arrests, detains, transports via flight, and deports. We post below data that ICE produced in response to several FOIA requests by multiple organizations. Crucially, in some data releases, there are linked identifiers across data types such as arrests and detainers, allowing merges that enable tracing immigrants’ pathways (anonymously) through the immigration enforcement pipeline. The identifiers are, unfortunately, different across releases, only enabling merging within a data release. See below for a description of each release. Our ICE codebook describes each data table and the fields within them.





Sounds like someone who does not understand technology. Of course it is ‘do-able’ it’s just expensive. (and not even very expensive.)

https://deadline.com/2025/07/trump-ai-action-plan-copyright-1236466617/

Donald Trump Says AI Companies Can’t Be Expected To Pay For All Copyrighted Content Used In Their Training Models: “Not Do-Able”

Donald Trump said that AI companies can’t be expected to pay for the use of copyrighted content in their systems, amid a fierce debate over the use of intellectual property in training models.





I don’t use social media. I could never get a visa…

https://www.eff.org/deeplinks/2025/07/you-shouldnt-have-make-your-social-media-public-get-visa

You Shouldn’t Have to Make Your Social Media Public to Get a Visa

The Trump administration is continuing  its  dangerous push  to surveil and suppress foreign students’ social media activity. The State Department recently announced an unprecedented new requirement that applicants for student and exchange visas must set all social media accounts to “public” for government review. The State Department also indicated that if applicants refuse to unlock their accounts or otherwise don’t maintain a social media presence, the government may interpret it as an attempt to evade the requirement or deliberately hide online activity.





Perspective.

https://www.zdnet.com/article/will-ai-think-like-humans-were-not-even-close-and-were-asking-the-wrong-question/

Will AI think like humans? We're not even close - and we're asking the wrong question

Artificial intelligence may have impressive inferencing powers, but don't count on it to have anything close to human reasoning powers anytime soon. The march to so-called artificial general intelligence (AGI), or AI capable of applying reasoning through changing tasks or environments in the same manner as humans, is still a long way off.  Large reasoning models (LRMs), while not perfect, do offer a tentative step in that direction. 

In other words, don't count on your meal-prep service robot to react appropriately to a kitchen fire or a pet jumping on the table and slurping up food. 



Wednesday, July 23, 2025

Should anyone use devices like this?

https://www.theverge.com/news/711621/amazon-bee-ai-wearable-acquisition

Amazon buys Bee AI wearable that listens to everything you say

Bee makes a $49.99 Fitbit-like device that listens in on your conversations while using AI to transcribe everything that you and the people around you say, allowing it to generate personalized summaries of your days, reminders, and suggestions from within the Bee app. You can also give the device permission to access your emails, contacts, location, reminders, photos, and calendar events to help inform its AI-generated insights, as well as create a searchable history of your activities.

My colleague Victoria Song got to try out the device for herself and found that it didn’t always get things quite right. It tended to confuse real-life conversations with the TV shows, TikTok videos, music, and movies that it heard.





Oh yeah, that makes perfect sense.

https://www.zdnet.com/article/people-dont-trust-ai-but-theyre-increasingly-using-it-anyway/

People don't trust AI but they're increasingly using it anyway

According to data first reported by Axios, ChatGPT now responds to around 2.5 billion user queries daily, with 330 million of those (roughly 13%) originating in the US. That's around 912.5 billion queries per year.

ChatGPT was also the most downloaded app in the world in April; in June, it clocked more App Store downloads than TikTok, Facebook, Instagram, and X combined.





Tools & Techniques.

https://news.mit.edu/2025/mit-learn-offers-whole-new-front-door-institute-0721

MIT Learn offers “a whole new front door to the Institute”

In 2001, MIT became the first higher education institution to provide educational resources for free to anyone in the world. Fast forward 24 years: The Institute has now launched a dynamic AI-enabled website for its non-degree learning opportunities, making it easier for learners around the world to discover the courses and resources available on MIT’s various learning platforms.

MIT Learn enables learners to access more than 12,700 educational resources — including introductory and advanced courses, courseware, videos, podcasts, and more — from departments across the Institute. MIT Learn is designed to seamlessly connect the existing Institute’s learning platforms in one place.



Tuesday, July 22, 2025

To err is human. To hallucinate is AI?

https://www.bespacific.com/generative-artificial-intelligence-and-copyright-law-4/

Generative Artificial Intelligence and Copyright Law

Generative Artificial Intelligence and Copyright Law CRS Legal Sidebar – LSB10922, 7/18/25 – “Innovations in artificial intelligence (AI) have raised several new questions in the field of copyright law.  Generative AI programs—such as Open AI’s DALL-E and ChatGPT programs, Stability AI’s Stable Diffusion program, and Midjourney’s self-titled program—are able to generate new images, texts, and other content (or “outputs”) in response to a user’s textual or other prompts. Generative AI programs are trained to create such outputs partly by exposing them to large quantities of existing writings, photos, paintings, or other works. This Legal Sidebar explores questions that courts and the U.S. Copyright Office have confronted regarding whether generative AI outputs may be copyrighted as well as whether training and using generative AI programs may infringe copyrights in other works. Other CRS Legal Sidebars explore questions AI raises in the intellectual property fields of patents and the right of publicity…”





No encryption no privacy.

https://scholarship.law.marquette.edu/mulr/vol108/iss2/5/

Encryption Backdoors and the Fourth Amendment

The National Security Agency (NSA) reportedly paid and pressured technology companies to trick their customers into using vulnerable encryption products. This Article examines whether any of three theories removed the Fourth Amendment’s requirement that this be reasonable. The first is that a challenge to the encryption backdoor might fail for want of a search or seizure. The Article rejects this both because the Amendment reaches some vulnerabilities apart from the searches and seizures they enable and because the creation of this vulnerability was itself a search or seizure. The second is that the role of the technology companies might have brought this backdoor within the private-search doctrine. The Article criticizes the doctrine— particularly its origins in Burdeau v. McDowell—and argues that if it ever should apply, it should not here. The last is that the customers might have waived their Fourth Amendment rights under the third-party doctrine. The Article rejects this both because the customers were not on notice of the backdoor and because historical understandings of the Amendment would not have tolerated it. The Article concludes that none of these theories removed the Amendment’s reasonableness requirement.



Monday, July 21, 2025

Yeah, we knew that.

https://arstechnica.com/tech-policy/2025/07/its-frighteningly-likely-many-us-courts-will-overlook-ai-errors-expert-says/

It’s “frighteningly likely” many US courts will overlook AI errors, expert says

Fueling nightmares that AI may soon decide legal battles, a Georgia court of appeals judge, Jeff Watkins, explained why a three-judge panel vacated an order last month that appears to be the first known ruling in which a judge sided with someone seemingly relying on fake AI-generated case citations to win a legal fight.

Now, experts are warning that judges overlooking AI hallucinations in court filings could easily become commonplace, especially in the typically overwhelmed lower courts. And so far, only two states have moved to force judges to sharpen their tech competencies and adapt so they can spot AI red flags and theoretically stop disruptions to the justice system at all levels.

The recently vacated order came in a Georgia divorce dispute, where Watkins explained that the order itself was drafted by the husband's lawyer, Diana Lynch. That's a common practice in many courts, where overburdened judges historically rely on lawyers to draft orders. But that protocol today faces heightened scrutiny as lawyers and non-lawyers increasingly rely on AI to compose and research legal filings, and judges risk rubberstamping fake opinions by not carefully scrutinizing AI-generated citations.

The errant order partly relied on "two fictitious cases" to deny the wife's petition—which Watkins suggested were "possibly 'hallucinations' made up by generative-artificial intelligence"—as well as two cases that had "nothing to do" with the wife's petition.





Tools & Techniques. Take a picture of your document and output text.

https://www.yourvalley.net/stories/pdfgear-scan-finally-a-completely-free-ai-scanner-app-for-all,600756

PDFgear Scan, Finally, a Completely Free AI Scanner App for All



Sunday, July 20, 2025

Your relationships are changing.

https://pogowasright.org/as-companies-race-to-add-ai-terms-of-service-changes-are-going-to-freak-a-lot-of-people-out-think-twice-before-granting-consent/

As companies race to add AI, terms of service changes are going to freak a lot of people out. Think twice before granting consent!

Jude Karabus reports:

WeTransfer this week denied claims it uses files uploaded to its ubiquitous cloud storage service to train AI, and rolled back changes it had introduced to its Terms of Service after they deeply upset users. The topic? Granting licensing permissions for an as-yet-unreleased LLM product.
Agentic AI, GenAI, AI service bots, AI assistants to legal clerks, and more are washing over the tech space like a giant wave as the industry paddles for its life hoping to surf on a neural networks breaker. WeTransfer is not the only tech giant refreshing its legal fine print – any new product that needs permissions-based data access – not just for AI – is going to require a change to its terms of service.
In the case of WeTransfer, the passage that aroused ire was:
You hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use your Content for the purposes of operating, developing, commercializing, and improving the Service or new technologies or services, including to improve performance of machine learning models that enhance our content moderation process, in accordance with the Privacy & Cookie Policy. (Emphasis ours.)

Read more at The Register.

Meanwhile, over on TechCrunch, Zack Whittaker writes: think twice before granting AI access to your personal data:

There is a trend of AI apps that promise to save you time by transcribing your calls or work meetings, for example, but which require an AI assistant to access your real-time private conversations, your calendars, contacts, and more. Meta, too, has been testing the limits of what its AI apps can ask for access to, including tapping into the photos stored in a user’s camera roll that haven’t been uploaded yet.
Signal president Meredith Whittaker recently likened the use of AI agents and assistants to “putting your brain in a jar.” Whittaker explained how some AI products can promise to do all kinds of mundane tasks, like reserving a table at a restaurant or booking a ticket for a concert. But to do that, AI will say it needs your permission to open your browser to load the website (which can allow the AI access to your stored passwords, bookmarks, and your browsing history), a credit card to make the reservation, your calendar to mark the date, and it may also ask to open your contacts so you can share the booking with a friend.





No doubt incorporating Asimov’s three laws...

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5351275

Should AI Write Your Constitution?

Artificial Intelligence (AI) now has the capacity to write a constitution for any country in the world. But should it? The immediate reaction is likely emphatically no—and understandably so, given that there is no greater exercise of popular sovereignty than the act of constituting oneself under higher law legitimated by the consent of the governed. But constitution-making is not a single act at a single moment. It is a series of discrete steps demanding varying degrees of popular participation to produce a text that enjoys legitimacy both in perception and reality. Some of these steps could prudently integrate human-AI collaboration or autonomous AI assistance—or so we argue in this first Article to explain and evaluate how constitutional designers not only could, but also should, harness the extraordinary potential of AI. We combine our expertise as innovators in the use and design of AI with our direct involvement as advisors in constitution-making processes around the world to map the terrain of opportunities and hazards in the next iteration of the continuing fusion of technology with governance. We ask and answer the most important question now confronting constitutional designers: how to use AI in making and reforming constitutions?

We make five major contributions to jumpstart the study of AI and constitutionalism. First, we unveil the results of the first Global Survey of Constitutional Experts on AI. How do constitutional experts view the risks and rewards of AI, would they use AI to write their own constitution, and what red lines would they impose around AI? Second, we introduce a novel spectrum of human control to classify and distinguish three types of tasks in constitution-making: high sensitivity tasks that should remain fully within the domain of human judgment and control, lower sensitivity tasks that are candidates for significant AI assistance or automation, and moderate sensitivity tasks that are ripe for human-AI collaboration. Third, we take readers through the key steps in the constitution-making process, from start to finish, to thoroughly explain how AI can assist with discrete tasks in constitution-making. Our objective here is to show scholars and practitioners how and when AI may be integrated into foundational democratic processes. Fourth, we construct a Democracy Shield—a set of specific practices, principles, and protocols—to protect constitutionalism and constitutional values from the real, perceived, and unanticipated risks that AI raises when merged into acts of national self-definition and popular reconstitution. Fifth, we make specific recommendations on how constitutional designers should use AI to make and reform constitutions, recognizing that openness to using AI in governance is likely to grow as human use and familiarity with AI increases over time, as we anticipate it will. This cutting-edge Article is therefore simultaneously descriptive, prescriptive, and normative.