Interesting. Does private speech still exist? Is it possible that even if the ‘speech’ did not leak the author could be held accountable?

https://www.pogowasright.org/high-school-students-can-be-disciplined-for-racist-private-instagram-account-chen-v-albany-school-district/

High School Students Can Be Disciplined for Racist Private Instagram Account–Chen v. Albany School District

Eric Goldman writes:

The Supreme Court’s Mahanoy decision left many issues for the lower courts to resolve about when schools can discipline students for social media posts. This opinion from the Ninth Circuit starts to fill in some of the gaps.

The case involves several Albany High students, including Epple and Chen. In 2016, Epple created a private Instagram account named “yungcavage” as “a private forum where [he] could share funny memes, images, and comments with [his] close friends that [they] thought were funny, but which other people might not find funny or appropriate.” (I was just talking about Judge Kozinski’s similar server!) Epple allowed about 13 classmates, including Chen, to follow the private account. Chen engaged with some of the content.

Read more at Technology & Marketing Law Blog. Case citation: Chen v. Albany Unified School District, 2022 WL 17957458 (9th Cir. Dec. 27, 2022)

So the change from unencrypted to encrypted did not change any of those bits and bytes that represent data or software?

https://www.databreaches.net/ransomware-needs-physical-damage-for-insurance-ohio-court-rules/

Ransomware Needs ‘Physical’ Damage For Insurance, Ohio Court Rules

Daphne Zhang reports:

Owners Insurance Co. convinced the Ohio Supreme Court that it has no duty to cover a medical software company’s ransomware-related losses because the attack didn’t cause any property damage.

EMOI Services LLC’s insurance policy “requires direct physical loss of or damage to media—Computer software cannot experience direct physical loss or physical damage, because it does not have a physical existence,” Justice Melody Stewart of the Ohio Supreme Court said Tuesday, reversing a state appeals court’s decision.

Read more at Bloomberg Law (sub. req.)

Backgrounder…

https://singularityhub.com/2022/12/29/the-brief-history-of-artificial-intelligence-the-world-has-changed-fast-what-might-be-next/

The Brief History of Artificial Intelligence: The World Has Changed Fast—What Might Be Next?

To see what the future might look like it is often helpful to study our history. This is what I will do in this article. I retrace the brief history of computers and artificial intelligence to see what we can expect for the future.

There is some very interesting stuff here.

https://www.bespacific.com/80-documentaries-from-kino-lorber-are-free-to-watch-on-youtube/

80 Documentaries From Kino Lorber Are Free to Watch on YouTube

My Modern Met: “While reading biographies is a great way to learn about famous figures from history, seeing their lives played out in films can offer a fresh perspective. Now, anyone interested in discovering more about their favorite artists, musicians, and cultural icons, can check out a playlist of documentaries from film distributor Kino Lorber. All 80 films—ranging from an hour to two hours long—are free to watch on YouTube. Among this diverse collection of documentaries are features dedicated to much-loved creative figures like M.C. Escher. Directed by Robin Lutz and narrated by Stephen Fry, this film, titled M.C. Escher: Journey to Infinity, includes excerpts from the Dutch artist’s letters and correspondence and insight into his legacy of tesselation art. Similarly, the program titled Hieronymus Bosch: Touched by the Devil offers a look at one of art history’s more elusive painters responsible for creating the incomparable The Garden of Earthly Delights. In addition to artists, this collection of documentaries also has content dedicated to world-renowned musicians like Elvis Presley. The hour-and-a-half-long film, titled Elvis: Return to Tupelo, walks through the entertainer’s humble beginnings in the South to his transformation into the “King of Rock and Roll.” Alternatively, the film Captured on Films: The True Story of Marion Davies, shines a light on the life and performances of 1920s comedy actress Marion Davies, narrated by Charlize Theron. You can check out Kino Lorber’s full playlist of documentaries on YouTube.”

I wonder if China is informed or confused by listening to our elected officials?

https://www.pogowasright.org/no-more-tiktok-on-house-of-representatives-smartphones/

No more TikTok on House of Representatives’ smartphones

Erik Bangeman reports:

TikTok will no longer be allowed on any device managed by the US House of Representatives. On Tuesday, the House’s Chief Administrative Office announced the ban of the popular video-sharing app, a move that comes just a week after legislation that would bar TikTok from all federal devices was introduced.

Read more at Ars Technica.

Budget background.

https://www.databreaches.net/cyber-insurers-missing-key-nuances-in-their-underwriting-strategies/

Cyber insurers “missing” key nuances in their underwriting strategies

Bethan Moorcraft reports:

Cyber insurers are hyper-focused today on best-practice risk mitigation and cybersecurity protocols. Many carriers have introduced minimum security requirements – such as enabling multi-factor authentication (MFA) for email and remote access, and possibly even using end-point detection and response (EDR) technology – before they’ll even consider writing a policy.

This type of underwriting has had a positive impact on cyber loss trends, but the unfortunate fact remains that “with cyberattacks, it’s not a matter of if, it’s not a matter of when, it’s how big,” according to Kurt Suhs, founder and CEO of Concierge Cyber. Risk management only goes so far, and with that in mind, Suhs believes insurers are “missing” a few important nuances in their prevention-focused underwriting strategies.

Read more at Insurance Business America.

Even the Terminator can make a mistake.

https://mindmatters.ai/2022/12/santa-fe-prof-dissects-end-of-world-super-ai-claims/

SANTA FE PROF DISSECTS END-OF-WORLD SUPER-AI CLAIMS

There seems to be little communication, she notes, between people concerned about sci-fi AI risks and people concerned about predictable everyday risks

Santa Fe Institute professor of complexity Melanie Mitchell takes issue — in a gentle way — with those who warn about the dangers of superintelligent machines (AI alignment) destroying us all:

In one scenario, for example, Oxford Future of Humanity Institute’s Nick Bostrom developed a scenario by which a super AI, told to make paper clips, might use up the world’s resources in doing so. Her comment:

To many outside these specific communities, AI alignment looks something like a religion — one with revered leaders, unquestioned doctrine and devoted disciples fighting a potentially all-powerful enemy (unaligned superintelligent AI). Indeed, the computer scientist and blogger Scott Aaronson recently noted that there are now “Orthodox” and “Reform” branches of the AI alignment faith. The former, he writes, worries almost entirely about “misaligned AI that deceives humans while it works to destroy them.”

MELANIE MITCHELL, “WHAT DOES IT MEAN TO ALIGN AI WITH HUMAN VALUES?” AT QUANTA (DECEMBER 13, 2022)

As the author of Artificial Intelligence: A Guide for Thinking Humans ( Farrar, Straus and Giroux, 2019), she offers reasons for thinking that we are not doomed by our silicon.

Tech for lawyers, imagine that.

https://www.bespacific.com/top-tech-tips-using-microsoft-office-365-for-lawyers/

Top Tech Tips: Using Microsoft Office 365 for Lawyers

Attorney at Work: “Keep on top of your document drafting skills and learn to better manage email and Excel, with Affinity Consulting’s latest articles on Microsoft Office 365 for lawyers. Bookmark this page for tips on using Office 365 in your law practice or legal organization. We regularly add new links here for new how-to articles on Word, Outlook, and Excel, written by Danielle DavisRoe.”

 

You can’t just flip a switch and expect technology to handle the rest.

https://www.claimsjournal.com/news/southcentral/2022/12/27/314427.htm

Law Firm that Touted Technology Accused of Fraud, Hits Blockade in La. Courtroom

Zach Moseley says his law firm has invested millions of dollars in technology to serve more clients. During a video interview with a social media consultant, he said McClenny Moseley & Associates hopes to represent 50,000 policyholders with claims caused by the hurricanes that struck the state in 2020 and 2021.

… The “resistance” that Moseley mentioned is coming from US District Judge James D. Cain Jr. in Lake Charles, Louisiana. During a hearing in Cain’s courtroom on Dec. 13, attorneys for other law firms presented evidence that McClenny Moseley filed duplicate lawsuits, filed lawsuits on behalf of clients that the firm didn’t represent, claimed hurricane damage to properties that were nowhere near the path of a hurricane, sued carriers that did not insure the property, and perhaps most importantly, forged signatures on insurer settlement checks.

One attorney accused the law firm of “criminal fraud.”

“I’ve heard some stuff about y’all,” Cain said, according to a transcript of the hearing. “‘We’re a technology firm. We’ve got all this artificial intelligence.’ Let me tell you something. It may be artificial but it’s certainly not intelligent. This is not how you represent people. You need to meet with these people individually.”

Is this the same as declaring them acts of war?

https://www.bespacific.com/the-chief-executive-of-one-of-europes-biggest-insurance-companies-has-warned-that-cyber-attacks-rather-than-natural-catastrophes-will-become-uninsurable/

Cyber attacks set to become ‘uninsurable’

FT.com $ – “The chief executive of one of Europe’s biggest insurance companies has warned that cyber attacks, rather than natural catastrophes, will become “uninsurable” as the disruption from hacks continues to grow. Insurance executives have been increasingly vocal in recent years about systemic risks, such as pandemics and climate change, that test the sector’s ability to provide coverage. For the second year in a row, natural catastrophe-related claims are expected to top $100bn. But Mario Greco, chief executive at insurer Zurich, told the Financial Times that cyber was the risk to watch…”

Just because…

https://www.ksl.com/article/50543309/hardy-boys-and-more-here-are-23-notable-creative-works-entering-the-public-domain-in-2023

Hardy Boys and more: Here are 23 notable creative works entering the public domain in 2023

Tools & Techniques. Something for my next statistics class…

https://www.bespacific.com/rtutor-talk-to-your-data-via-ai/

RTutor – Talk to your data via AI

“RTutor uses OpenAI’s powerful text-davinci-003 language model to translate natural language into R code, which is then excuted. You can request your analysis, just like asking a real person. Upload a data file (CSV, TSV/tab-delimited text files, and Excel) and just analyze it in plain English. Your results can be downloaded as an HTML report in minutes! NO WARRANTY! Some of the scripts run but yield incorrect result. Please use the auto-generated code as a starting point for further refinement and validation. OpenAI’s models are accessed via API, which is not free. Please do not abuse it. Otherwise, this service might disappear.”

 

How does my AI see me?

https://www.businessinsider.com/interview-kate-crawford-ethics-of-using-ai-to-categorize-people-2022-12

Should AI be used to classify humans? An AI researcher at USC says it's reductive and ethically dubious

… There's been a long history of using AI for classification tasks like emotion recognition, and automated detection of race, gender, sexuality, and even criminality that goes back decades. In my book "Atlas of AI," I go into this history to trace the ways companies have used these techniques in contexts like policing and targeted advertising. But there is no scientific consensus that these approaches are valid at all. Classifying people in this way assumes that gender, race, and sexuality are biological and visible from the face. That, as we know, simply isn't true. These approaches are grounded on the premise that biology is destiny, where our faces become our fate. I call this a 'phrenological impulse' - the desire to categorize people's character based on appearance.

The perfect stocking stuffer?

https://www.wired.com/story/what-is-flipper-zero-tiktok/

Hands On With Flipper Zero, the Hacker Tool Blowing Up on TikTok

ACROSS THE US, countless buildings, from government offices to your next hotel room door, are protected by RFID-controlled locks. On a recent trip to my office, I passed nearly 20 of these keyless entry systems, which are among the most pervasive in the world. But a playful palm-sized gadget with a Tamagotchi-like interface can likely thwart the locks on many of these doors.

The $200 device is called Flipper Zero, and it’s a portable pen-testing tool designed for hackers of all levels of technical expertise. The tool is smaller than a phone, easily concealable, and is stuffed with a range of radios and sensors that allow you to intercept and replay signals from keyless entry systems, Internet of Things sensors, garage doors, NFC cards, and virtually any other device that communicates wirelessly in short ranges. For example, in just seconds, I used the Flipper Zero to seamlessly clone the signal of an office RFID badge tucked safely inside my wallet.

Small attacks could reach the point that tips us into a Cyber War.

https://therecord.media/biden-signs-858-billion-defense-policy-bill-into-law-expanding-govt-cyber-operations/

Biden signs $858 billion defense policy bill into law, expanding gov’t cyber operations

President Joe Biden signed a $858 billion defense policy bill on Friday, conferring more power — and obligations — on U.S. Cyber Command.

The White House announced the compromise National Defense Authorization Act in a press release.

The measure approves an additional $44 million for Cyber Command’s “hunt forward” missions. Since 2018, the digital warfighting unit has deployed such teams as part of its “persistent engagement” strategy 38 times to 21 foreign countries to uncover malware and other vulnerabilities over 60 networks.

The bill states that if the president determines there is an “active, systemic and ongoing campaign of attacks in cyberspace by a foreign power” against the U.S. government or the country’s critical infrastructure, CYBERCOM can conduct offensive operations in response, with presidential approval.

… The bipartisan bill creates an assistant secretary of cyber policy at the Pentagon – a move the administration previously objected to.

It also codifies the State Department’s new cybersecurity bureau, helmed by the country’s first cyber ambassador.

As ever more sophisticated tracking technology becomes available to the public, I expect to see more stories like this one. Why wait for the police when you can see where the bad guys are hiding?

https://apnews.com/article/crime-st-louis-ab7d650fc16d903cec909c8bccf92b27

Police: Missouri woman tracked stolen car, killed two men

A St. Louis County woman is charged with two counts of first-degree murder after she tracked down her stolen car and allegedly killed two men outside a gas station, police said.

… It was not immediately clear which, if any, of the three men were suspected of stealing Coleman’s car, the St. Louis Post-Dispatch reported.

New year, new rules.

https://www.insideprivacy.com/colorado-privacy-act/colorado-attorney-general-releases-revised-colorado-privacy-act-draft-rules/

Colorado Attorney General Releases Revised Colorado Privacy Act Draft Rules

The Colorado Attorney General released updated draft rules interpreting the Colorado Privacy Act on December 21, 2022 (“Draft Rules”). These revisions follow a series of stakeholder sessions on November 10th, 15th, and 17th. The Attorney General will convene a formal rulemaking hearing on February 1, 2023. In advance of the formal rulemaking hearing, stakeholders may submit written comments for consideration.

Not sure this is the way to go…

https://biopen.bi.no/bi-xmlui/bitstream/handle/11250/3038816/allersisteuktast-master28.06.22.pdf?sequence=1

How Can Artificial Intelligence Help Prevent Online Sexual Abuse?

… We also investigate ways in which new regulations in preventing online abuse could be achieved. We want to understand if people will be more accepting of an AI robot rather than a human surveilling their online activity and messages, and in which scenarios they allow it. Their preferred choice is measured by their trust in AI, fear of being misinterpreted by AI, and fear of being discriminated against. In addition, we investigated different factors like people’s anxiety levels and privacy concerns when measuring the research question. To check if other variables affected people’s choice of conductor, we looked at several moderators such as “Age” and “Gender”. In addition, we checked for “The purpose of surveillance” to see what purposes would be accepted. An extensive survey was conducted to map people’s preferred choices. In conclusion, our study found that most people prefer an AI robot over humans to surveil their online activity and messages. It also shows that people are more accepting of surveillance if it is for the betterment of society, rather than for commercial and advertising purposes.

Suggested by my AI.

http://stmlibrary.uk/id/eprint/1038/

Can the Robot be Considered a Person? The European Perspective

Technological advances are equipping robotic entities with artificial intelligence and endowed with emotional intelligence that gives them a capacity for reflection, analysis, that is closer every day to that of humans. The growing autonomy of robotic entities raises the question of legal responsibility for acts carried out by such entities at the same time as it raises the question of the status of such entities: should they be considered as persons or as things? The European Parliament adopted a resolution in 2017 that assumes that such entities could be granted the status of "electronic person". The question is how this can fit into the legal framework of the Member States of the European Community. This article proposes a first reflection on the thing-person transition of an autonomous robotic entity. The findings show that this transition is not immediate and requires both technological advances and an adjustment of the law.

For my students.

https://www.makeuseof.com/ways-to-earn-free-certificates/

11 Ways to Earn Free Online Certificates and Boost Your Job Skills

How do you earn an online certificate for free? Online courses are one of the best ways to learn new skills and build the foundation for your career path. However, most of these online courses cost money. Here are some ways to get a certificate from a credible online learning platform without paying a penny.

Is this even a material number to a company with 2021 revenue of about $118 Billion?

https://www.reuters.com/legal/facebook-parent-meta-pay-725-mln-settle-lawsuit-relating-cambridge-analytica-2022-12-23/

Facebook parent Meta to settle Cambridge Analytica scandal case for $725 million

Facebook owner Meta Platforms Inc has agreed to pay $725 million to resolve a class-action lawsuit accusing the social media giant of allowing third parties, including Cambridge Analytica, to access users' personal information.

The proposed settlement, which was disclosed in a court filing late on Thursday, would resolve a long-running lawsuit prompted by revelations in 2018 that Facebook had allowed the British political consulting firm Cambridge Analytica to access data of as many as 87 million users.

Lawyers for the plaintiffs called the proposed settlement the largest to ever be achieved in a U.S. data privacy class action and the most that Meta has ever paid to resolve a class action lawsuit.

Everyone should have a good laugh at Trump’s (non-deductable) expense.

https://www.bespacific.com/document-report-on-trumps-tax-returns/

Document: Report on Trump’s Tax Returns

• Ways and Means Committee report on Trump Taxes

• Joint Committee on Taxation summary of Trump’s returns.

• WSJ$ – Donald and Melania Trump Reported Negative Income In Four Years From 2015 Through 2020. “The Trumps paid some form of taxes every year, but paid $750 or less in income taxes in three of the six years.”

• Quartz – The IRS is accused of doing a half-baked job of auditing Trump’s controversial tax returns. The House Committee on Ways and Means painted a damning picture of the IRS’s oversight.

• See also ProPublica: The IRS Hasn’t Released Nearly Half a Million Nonprofit Tax Records. “According to a ProPublica review of public IRS data, which powers our Nonprofit Explorer database, the agency is behind on releasing nearly half a million tax records, known as Form 990s, for tax-exempt organizations. The delays, which began two years ago, are stymying access to key financial information that governments, the public and grantmakers use to evaluate the nation’s tax-exempt companies.”

Tools & Techniques.

https://www.bespacific.com/google-is-making-its-internal-video-blurring-privacy-tool-open-source/

Google is making its internal video-blurring privacy tool open source

engadget: “Google has announced that two of its latest privacy-enhancing technologies (PETs), including one that blurs objects in a video, will be provided to anyone for free via open source. The new tools are part of Google’s Protected Computing initiative designed to transform “how, when and where data is processed to technically ensure its privacy and safety,” the company said. The first is an internal project called Magritte, now out on Github, which uses machine learning to detect objects and apply a blur as soon as they appear on screen. It can disguise arbitrary objects like license plates, tattoos and more. “This code is especially useful for video journalists who want to provide increased privacy assurances,” Google wrote in the blog. “By using this open-source code, videographers can save time in blurring objects from a video, while knowing that the underlying ML algorithm can perform detection across a video with high-accuracy.”

For my students.

https://www.makeuseof.com/cheat-sh-access-best-linux-programming-cheatsheets/

cheat.sh Gives You Access to the Best Linux and Programming Cheat Sheets

You are opposing council, therefore we won’t entertain you?

https://www.bespacific.com/face-recognition-tech-gets-girl-scout-mom-booted-from-rockettes-show-due-to-where-she-works/

Face Recognition Tech Gets Girl Scout Mom Booted From Rockettes Show — Due to Where She Works

NBC 4 New York: “A recent incident at Radio City Music Hall involving the mother of a Girl Scout is shedding light on the growing controversy of facial recognition, as critics claim it is being used to target perceived enemies — in this case, by one of the most famous companies in the country. Kelly Conlon and her daughter came to New York City the weekend after Thanksgiving as part of a Girl Scout field trip to Radio City Music Hall to see the Christmas Spectacular show. But while her daughter, other members of the Girl Scout troop and their mothers got to go enjoy the show, Conlon wasn’t allowed to do so. That’s because to Madison Square Garden Entertainment (MSG), Conlon isn’t just any mom. They had identified and zeroed in on her, as security guards approached her right as he got into the lobby… Conlon is an associate with the New Jersey based law firm, Davis, Saperstein and Solomon, which for years has been involved in personal injury litigation against a restaurant venue now under the umbrella of MSG Entertainment…”

• See also The New York Times – Madison Square Garden Has Used Face-Scanning Technology on Customers

• See also Ars Technica – MSG defends using facial recognition to kick lawyer out of Rockettes show

Perhaps we will gain some clarity?

https://www.bespacific.com/whats-next-for-crypto-in-2023/

What’s next for crypto in 2023

MIT Technology Review: “Last month’s sudden implosion of the popular cryptocurrency exchange FTX has intensified a political war for the soul of crypto that was already raging. In the coming year, we are likely to see that fight come to a head in US courtrooms and in Congress. The future of finance hangs in the balance. The battle lines are complicated, but there are two prominent sides. A vocal crowd of crypto skeptics, which includes prominent politicians and regulators, wants to rein in an industry it sees as overrun with fraud and harmful to consumers. The catastrophic demise of FTX has emboldened this group. Then there are the champions of “decentralization.” Members of this camp tend to believe that cryptocurrency networks like Bitcoin and Ethereum—since they are accessible to anyone with an internet connection and are controlled by public networks instead of companies, governments, or banks—are vital to the future of privacy and financial freedom. They worry that misguided attempts at regulation could imperil those freedoms. To this group, the collapse of FTX is further proof that centralized control is dangerous—and a reminder of why crypto exists in the first place. Their goal is a blockchain-based financial system that is more accessible and private than the traditional one, which they see as plagued by surveillance and rent-seeking middlemen. The truth is, policymakers had crypto in the crosshairs long before the FTX debacle. The courtroom fights and congressional debates we will see in 2023 were going to happen regardless. And given the outsize role that America plays in the world’s financial system, the outcomes of these fights will have global implications…”

Laugh.

https://www.bespacific.com/iconic-lyrics-of-tom-lehrer-now-in-public-domain/

Iconic lyrics of Tom Lehrer now in public domain

“I, Tom Lehrer, and the Tom Lehrer Trust 2007, hereby grant the following permissions – All copyrights to lyrics or music written or composed by me have been relinquished, and therefore such songs are now in the public domain. All of my songs that have never been copyrighted, having been available for free for so long, are now also in the public domain. The latter includes all lyrics which I have written to music by others, although the music to such parodies, if copyrighted by their composers, are of course not included without permission of their copyright owners. The translated songs on this website may be found on YouTube in their original languages. Performing and recording rights to all of my songs are included in this permission. Translation rights are also included. In particular, permission is hereby granted to anyone to set any of these lyrics to their own music, or to set any of this music to their own lyrics, and to publish or perform their parodies or distortions of these songs without payment or fear of legal action. Some recording, movie, and television rights to songs written by me are merely licensed non-exclusively by me to recording, movie, or TV companies. All such rights are now released herewith and therefore do not require any permission from me or from Maelstrom Music, which is merely me in another hat, nor from the recording, movie, or TV companies involved. In short, I no longer retain any rights to any of my songs. So help yourselves, and don’t send me any money.”

Will this work with US Police drones?

https://www.schneier.com/blog/archives/2022/12/how-to-surrender-to-a-drone.html

How to Surrender to a Drone

The Ukrainian army has released an instructional video explaining how Russian soldiers should surrender to a drone:

“Seeing the drone in the field of view, make eye contact with it,” the video instructs. Soldiers should then raise their arms and signal they’re ready to follow.

After that the drone will move up and down a few meters, before heading off at walking pace in the direction of the nearest representatives of Ukraine’s army, it says.

The video also warns that the drone’s battery may run low, in which case it will head back to base and the soldiers should stay put and await a fresh one.

That one, too, should be met with eye contact and arms raised, it says.

Incredible.

Casual reading...

https://www.bespacific.com/first-installment-of-jan-6th-committee-report/

First installment of Jan 6th Committee Report

WaPo has the 154 page document titled – Introductory Material to the Final Report of the Select Committee #Insurrection #Jan6th #PeacefulTransitionofPower #Jan6thAttack