Rules. (Guidance for non-governmental records as well?)

https://www.bespacific.com/guidance-on-applying-the-federal-records-act-to-artificial-intelligence-materials/

Guidance on Applying the Federal Records Act to Artificial Intelligence Materials

NextGov/FCW via Ben Amata: “Recent guidance issued by the National Archives and Records Administration says that the use of artificial intelligence platforms “does not, in and of itself, result in the creation of federal records,” although it notes that AI inputs and outputs may still qualify for recordkeeping if they influence broader agency operations. In an Aug. 21-dated memo to agencies, NARA says that “whether an AI material is a federal record depends on the circumstances surrounding the creation, maintenance, and use of the materials, such as whether the agency relies on it in decision-making, uses it to conduct official business, circulates the material to others, or incorporates it into an agency system.” This memorandum explains how to apply the Federal Records Act (FRA) to existing Artificial Intelligence (AI) uses, with a focus on the use of AI platforms. It proceeds in two parts. Part I provides guidance to federal departments and agencies on how to apply the definition of a federal record to inputs, outputs, data, audit trails, software, and other materials involved in the use of AI (collectively, “AI materials”). It explains that agencies’ use of AI platforms does not, in and of itself, result in the creation of federal records. Subsequent use of AI-generated materials in agency business may result in the creation of federal records. This memorandum explains the factors agencies should consider when making these determinations. Specifically, whether an AI material is a federal record depends on the circumstances surrounding the creation, maintenance, and use of the materials, such as whether the agency relies on it in decision-making, uses it to conduct official business, circulates the material to others, or incorporates it into an agency system. Part II confirms that agencies may only dispose of AI-related federal records in accordance with a NARA-approved records schedule. It identifies existing General Records Schedules (GRS) that authorize agencies to dispose of AI-related federal records when they reach the specified retention period. Part II further explains that when agencies create federal records while using AI, these records may be “transitory” records that can be destroyed when no longer needed or “intermediary” records that may be destroyed upon creation of the subsequent record.”

Russia playing at “not war” again?

https://www.euronews.com/my-europe/2026/09/01/rockets-fired-at-substation-in-brandenburg-in-suspected-deliberate-attack

Improvised explosive devices found near German power plant, police say

Several improvised explosive devices were found at a substation near a coal-fired power plant in Germany on Tuesday and several power lines were damaged, police and a grid operator said.

Operator 50Hertz said there was a "brief interruption of service" but all lines are now back in operation at the Preilack substation, which distributes power from the nearby Jänschwalde power plant.

Police said no one was hurt.

The apparent aim was to trigger a large-scale power outage in the area around the nearby coal-fired power plant. According to initial findings, however, this did not happen.

Old school makes a comeback… (But I never paid as much as $4.)

https://www.theregister.com/security/2026/08/24/security-vets-rally-around-4-paper-password-books-for-sale-in-australia/5291234

Security vets rally around $4 paper password books for sale in Australia

… Password books are something of a historical relic, phased out largely because of the scrutiny associated with using one and the now-gray-haired elders who once scoffed at the mere notion of such an opsec crime.

They might not be able to suggest a strong password for each of your many online accounts, and they won’t do you much good if your house is burgled, but you could argue that there is still value to be found in a pen-and-paper password vault.

That’s exactly the conclusion drawn by the thousands of social media users who flocked to a post this week from one Australian who found stacks of password books for sale in their local post office. 

(Hint: Google “password books”)

Coming soon to a doctor near you? (Are medical hallucinations really unexpected?)

https://www.theguardian.com/society/2026/aug/31/doctors-ai-scribes-get-names-of-drugs-and-diagnoses-wrong-nhs-watchdog-warns

Doctors’ AI scribes get names of drugs and diagnoses wrong, NHS watchdog warns

AI technology that listens to and transcribes patients’ consultations with doctors can put them at risk by getting the names of drugs and illnesses wrong, an NHS watchdog has warned.

In one case a woman was left badly shaken when the AI scribe’s summary of her conversation wrongly said she had demyelination – serious nerve damage that can lead to multiple sclerosis.

It was only when the patient, an NHS health professional, queried the AI tool’s record of the result of her MRI scan that the hospital corrected it to what it should have been – “null demyelination”.

I guess I’m more willing to call it war than most politicians.

https://www.politico.eu/article/russias-hybrid-war-on-europe-is-starting-to-look-a-lot-less-hybrid/

Russia’s ‘hybrid war’ on Europe is starting to look a lot less hybrid

Drones and explosives found in Germany linked to a suspected attack on Leipzig airport.  A naval drone shot down near a gas platform in the Black Sea. An assassination plot targeting a European defense executive.

Russia’s campaign against Europe looks increasingly brazen. Yet EU leaders remain reluctant to call it what a growing number of security officials say it increasingly resembles: war. Instead, they reach for a softer phrase — “hybrid war” — that allows the EU and NATO to avoid a military response.

That language is coming under growing criticism as Moscow steps up sabotage, cyberattacks and other operations across Europe. Security experts, diplomats and defense officials who spoke to POLITICO say the “hybrid” label risks understating the severity of the threat — and obscuring just how far the confrontation with Russia has already escalated.

Who are we talking to?

https://www.cnn.com/2026/08/30/middleeast/iran-trump-power-struggle-war-intl

A power struggle in Iran could decide when Trump’s war ends

… On one side stand pragmatists and technocrats led by President Masoud Pezeshkian, Parliament Speaker Mohammad Bagher Ghalibaf and Foreign Minister Abbas Araghchi.

They back a conclusive agreement, pointing to a war-battered economy, an exhausting US naval blockade and damage to the nation’s infrastructure.

… On the other side stand hardline conservatives. Their ideology centers around a distrust of a Washington they see as hell-bent on destroying the Islamic Republic. For more than half a century they’ve warned against US intentions, and now they stand vindicated against their moderate opponents by Trump’s war.

… Mojtaba Khamenei has remained quiet amid the divide. It appears that he understands that choosing a side on negotiations with an unreliable Trump could harm his office just as he is working to secure legitimacy.

Geeks (hereby defined as Linux users) pass the age test by default?

https://www.tomshardware.com/software/linux/california-lawmakers-unanimously-pass-linux-exemption-from-age-verification-law-software-distributed-under-the-gpl-mit-bsd-and-apache-licenses-are-exempt

California lawmakers unanimously pass Linux exemption from age-verification law — software distributed under the GPL, MIT, BSD, and Apache licenses are exempt

California’s legislature has passed Assembly Bill 1856, exempting open-source operating systems from the State’s Digital Age Assurance Act months before the law is due to take effect on January 1, 2027. The Senate amended the Bill on August 21 before passing it on the 26th in a 39-0 vote, with the Assembly then accepting these changes in a concurrence vote the following day. The amendment ends almost a year of uncertainty surrounding whether Linux distributions and SteamOS would be forced to collect user age data during account setup alongside Windows, macOS, iOS, and Android. AB 1856 has now been sent to Governor Gavin Newsom, who signed the original act into law last October.

These amendments redefine the term “operating system provider” to exclude any person or entity that distributes an OS or application “under license terms that permit a recipient to copy, redistribute, and modify the software.” Any software distributed under the GPL, MIT, BSD, and Apache licenses satisfies that test, which removes the likes of Debian, Fedora, Ubuntu, Arch, and the BSD family from AB 1856’s scope.

I love interesting questions.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=7345958

Prompts as Papers: AI Conversations, Reverse Prompt Warrants, and the Fourth Amendment After Chatrie

In Chatrie v. United States, decided in June 2026, the Supreme Court held that the government conducts a Fourth Amendment search when it acquires a user’s cell-phone Location History from Google, however brief the window and however “voluntary” the opt-in. The decision arrived just months after federal agents obtained the first known search warrant compelling OpenAI to identify a ChatGPT user from the prompts he typed, the debut of what commentators have already named the “reverse prompt warrant.” This Article asks the question those two events put on a collision course: does Chatrie protect what Americans say to artificial intelligence?

The Article makes three contributions. First, it shows that every factor the Chatrie Court relied on (the revealing character of the records, their retrospective and panoptic availability, their diary-like intimacy, and the Court’s emphatic rejection of app-by-app “voluntariness”) applies with greater force to stored human–AI conversations than to location data. On that logic, the extension looks easy.

Second, the Article identifies why it is not. Neither Carpenter nor Chatrie had occasion to confront the branch of the third-party doctrine that governs conversations: the misplaced-confidence rule of Hoffa and White, under which the other party to a dialogue may freely reveal it. A chatbot provider is not a courier of the user’s words to someone else; its own model is the someone else. The government’s strongest argument, one it has not yet made, is that talking to ChatGPT is talking to Open-AI, and that a speaker assumes the risk that his interlocutor will betray him. The first courts to face the question have already divided in result: within a single week, one treated a defendant’s chatbot sessions as disclosure to a third party, while another protected a pro se litigant’s as her own work product because generative models are “tools, not persons”.

Third, the Article resolves what it calls the interlocutor problem: courts should classify the human–AI exchange as the user’s paper, a document drafted with a tool, rather than a communication with an-other party, a characterization supported by the text of the Fourth Amendment, by Justice Gorsuch’s property-based concurrence in Chatrie, by providers’ own contracts assigning output ownership to users, and by the positive law of more than half the states treating data as personal property. On that foundation, the Article builds warrant mechanics for reverse prompt warrants, step-wise particularity and probable-cause requirements of the kind Chatrie remanded and Justice Jackson’s concurrence sketched, and proposes a statutory overlay to close the gap the Stored Communications Act leaves for machine dialogue.

I learn something new, I think…

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=7329778

Ambient Copyright Fixation

Copyright protects works recorded “by or under the authority of the author.” For the first fifty years of the 1976 Copyright Act, authority came from deliberate actions: authors directed newer and better machines to be their scribes. Whether it was pen to paper or wake word to Alexa, authors provided intentional direction to machines to record, or “fix” in copyright parlance, their ideas.

Ambient recording devices break that fixation model. When an author gives a public speech, it is now captured by smart glasses, AI recording devices, and always-on cameras operated by others. Device operators upload and exploit the work, not authors. Current doctrine rewards the operator: if an author did not intend to fix the work, it is not under their authority. The minimally creative operator gains protection for having an ambient device in the right place at the right time. And if the device operator is insufficiently creative, they still win: neither side has a copyrightable interest, but only the operator has the copy to exploit. They will upload the work and reap the profits from a brilliant public performance of another. This cannot be justified under any normative theory of copyright. Ambient devices create a constant authorship-fixation gap.

This Article maps that authorship-fixation gap and proposes a new model for closing it: notice and adoption. Drawing from doctrines in cases, foreign jurisdictions, and digital platform infrastructure already operating at scale, the model requires those who would exploit ambiently fixed works to make efforts to notify the author. The author may then choose to adopt the fixation and claim copyright protection while potentially sharing rewards with the device operator. This is a natural extension of existing platform management of unauthorized works. In a world where ambient fixation is everywhere, copyright should stop rewarding whoever happens to operate devices and start rewarding those who create.

Are there any “allies” we haven’t threatened?

https://www.yahoo.com/news/politics/articles/us-threatens-britain-over-falklands-193710753.html

US threatens Britain over Falklands

The United States has threatened to oppose Britain's sovereignty over the Falkland Islands if Andy Burnham does not increase defence spending, The Telegraph can reveal.

I don’t think this meeting is as “not unusual” as they suggest.

https://www.ynetnews.com/article/h1u11prk00fg

Russia’s ‘Doomsday Radio’ erupts with coded messages after CIA chief’s Moscow visit

… It is still too early to know whether Ratcliffe’s visit had any effect on Russian policy. But one development that added to the sense of mystery surrounding the trip was the unusual activity of UVB-76, the enigmatic shortwave station often nicknamed “Doomsday Radio.” The station began operating in the Soviet Union in the 1970s on a frequency of 4,625 kilohertz. Its official purpose has never been publicly disclosed.

… According to The Moscow Times, the station’s buzzing was interrupted at least 25 times on Thursday, roughly a day after Ratcliffe’s visit to Moscow. The broadcasts included numbers, words and letter combinations. Among the words reportedly heard were “waitress,” “spray” and “existence.”

(Related)

https://www.independent.co.uk/news/world/europe/ukraine-russia-war-live-putin-zelensky-uk-nato-missile-b3041389.html

Ukraine-Russia war latest: Putin fires nuclear-capable missile that could reach US days after CIA chief’s visit

You don’t need an articulable basis as long as you can force compliance with your desires. (Pretty much sums up recent government strategy...)

https://www.cnbc.com/2026/08/28/judge-blocks-pentagon-blacklist--anthropic-.html

Judge blocks Pentagon blacklist of Anthropic as supply chain risk

A San Francisco federal judge on Thursday ruled that the Pentagon’s blacklisting of artificial intelligence giant Anthropic earlier this year was illegal.

U.S. District Judge Rita Lin found that the Department of Defense violated the First Amendment by designating Anthropic a supply chain risk “based on a desire to make a public example” out of the company. Lin wrote that while the government is owed deference on matters of national security, its actions were not founded on any “articulable basis.”

Worth taking the time to read…

https://www.techdirt.com/2026/08/26/meta-just-paid-nearly-17-billion-to-make-sure-it-gets-to-write-the-kid-safety-rules-for-every-other-social-media-platform/

Meta Just Paid Nearly $17 Billion To Make Sure It Gets To Write The Kid Safety Rules For Every Other Social Media Platform

… As with the various rulings against Meta over the last few months, people are cheering this on, without realizing the damage it will do. We’ll explore why this is problematic in a moment, but just to highlight that I’m not alone in thinking so, both EFF and Fight for the Future are warning how bad this settlement is.  Here’s EFF:

Less logical, more likely?

https://www.rferl.org/a/baltics-russia-security-threat-eu-letter-nato-defense/33840594.html

Baltic States Arm For Russian Threat As Leaked Letter Shows Growing Fears

A letter seen by RFE/RL reveals growing concern about Russian aggression in the Baltic States, speaking of a "deteriorating security environment" amid an "increased frequency of airspace violations and drone incursions."

… Dated July 30, the letter was one of a series of alarm bells sounded about Russian aggression over the course of the summer that culminated in CIA Director John Ratcliffe's surprise visit to Moscow on August 25.

… This follows reporting by The Wall Street Journal on August 6 that cited US intelligence stating that Russia may test NATO resolve with a limited incursion as early as this fall.

Cheap? Imagine what ti could have cost.

https://www.reuters.com/world/us/meta-settles-with-us-states-over-social-media-harms-2026-08-26/

Meta reaches $16.68 billion settlement over social media harms to children

Meta Platforms, agreed to pay a maximum $16.68 billion as part of a settlement to resolve claims brought by states across the country that the company designed Facebook and Instagram to addict children, misled consumers about their safety, and improperly collected personal data of children ‌who used its platforms, court papers show.

The settlement was reached during a California federal trial over claims brought by 29 states, averting one of the highest-profile tests yet of allegations that social media companies harmed young users.

Meta also agreed to make changes for teenage users of Facebook and Instagram nationwide, including daily usage limits and nighttime blocks, court papers show.

(Related) With a bit more detail…

https://about.fb.com/news/2026/08/agreement-with-state-attorneys-general-supporting-teens/

Our Agreement With Bipartisan Attorneys General: Calling on TikTok and YouTube to Join Us in Supporting Teens

… Pending judicial approval, in participating US states and territories, these protections and controls will automatically apply to under-18s on Instagram and Facebook. The majority of the terms are required to remain in place for 10 years.

Sure looks like a war…

https://thenextweb.com/news/bitkom-german-firms-foreign-intelligence-cyber

87% of German companies were attacked last year, and Russia has caught up with China

Some 87% of German companies were hit by data theft, espionage, or sabotage in the past twelve months, up from 81% a year earlier, according to the industry association Bitkom, which puts the resulting damage at €289.2bn.

What is new in this year’s report is not the trend but the method, because Bitkom has combined its company survey with assessments from Germany’s domestic intelligence service, in a country where public sector defences have been under sustained pressure.

… The attribution finding is the one worth pausing on. Russia and China are each blamed for 46% of externally attributed incidents, with Russia climbing from 39% the previous year to draw level with China.

Russia overtaking its own prior figure by seven points in a single year is a substantial move in a dataset this size. It also fits a broader European pattern of Russian activity shifting from espionage towards disruption, which Dutch authorities have documented while seizing 800 servers tied to Russian hacking operations.