artificial intelligence

Is the European Union (EU) about to rescue the FBI from Going Dark? Jamil Jaffer and Nate Jones tell us that a new directive aimed at preventing child sex abuse might just do the trick, a position backed by people who’ve been fighting the bureau on encryption for years.

The Biden administration is

I’m unable to resist pointing out the profound bias built into everything Silicon Valley does these days. Google, it turns out, is planning to tell enterprise users of its word processor that words like “motherboard” and “landlord” are insufficiently inclusive for use in polite company. We won’t actually be forbidden to use those words.

The Cyberlaw Podcast has decided to take a leaf from the (alleged) Bitcoin Bandits’ embrace of cringe rap. No more apologies. We’re proud to have been cringe-casting for the last six years. Scott Shapiro, however, shows that there’s a lot more meat to the bitcoin story than embarrassing social media posts. In fact,

Just one week of antitrust litigation news shows how much turbulence Facebook and Google are encountering. Michael Weiner gives us a remarkably compact summary of the many issues, from deeply historical (Facebook’s purchase of Instagram) to cutting edge tech (complaints about Oculus self-preferencing). In all, he brings us current on two state AG

Our interview is with Mara Hvistendahl, investigative journalist at The Intercept and author of a new book, The Scientist and the Spy: A True Story of China, the FBI, and Industrial Espionage, as well as a deep WIRED article on the least known Chinese AI champion, iFlytek. Mara’s book raises

David Kris, Paul Rosenzweig, and I dive deep on the big tech issue of the COVID-19 contagion: Whether (but mostly how) to use mobile phone location services to fight the virus. We cover the Israeli approach, as well as a host of solutions adopted in Singapore, Taiwan, South Korea, and elsewhere. I’m a big fan of Singapore, which produced in a week an app that Nick Weaver thought would take a year.

In our interview, evelyn douek, currently at the Berkman Klein Center and an SJD candidate at Harvard, takes us deep into content moderation. Displaying a talent for complexifying an issue we all want to simplify, she explains why we can’t live with social platform censorship and why we can’t live without it. She walks us through the growth of content moderation, from spam, through child porn, and on to terrorism and “coordinated inauthentic behavior” – the identification of which, evelyn assures me, does not require an existentialist dance instructor. Instead, it’s the latest and least easily defined category of speech to be suppressed by Big Tech. It’s a mare’s nest, but I, for one, intend to aggravate our new Tech Overlords for as long as possible.

Continue Reading Episode 308: Location, location, location. And the virus.

If your podcast feed has suddenly become a steady diet of more or less the same COVID-19 stories, here’s a chance to listen to cyber experts talk about what they know about – cyberlaw. Our interview is with Elsa Kania, adjunct senior fellow at the Center for a New American Security and one of the most prolific students of China, technology, and national security. We talk about the relative strengths and weaknesses of the artificial intelligence ecosystems in the two countries.

Continue Reading Episode 306: The (almost) COVID-19-free episode

This episode features a lively (and – fair warning – long) interview with Daphne Keller, Director of the Program on Platform Regulation at Stanford University’s Cyber Policy Center. We explore themes from her recent paper on regulation of online speech. It turns out that more or less everyone has an ability to restrict users’ speech online, and pretty much no one has both authority and an interest in fostering free-speech values. The ironies abound: Conservatives may be discriminated against, but so are Black Lives Matter activists. In fact, it looks to me as though any group that doesn’t think it’s the victim of biased content moderation would be well advised to scream as loudly about censorship or the others for fear of losing the victimization sweepstakes. Feeling a little like a carny at the sideshow, I serve up one solution for biased moderation after another, and Daphne methodically shoots them down. Transparency? None of the companies is willing, and the government may have a constitutional problem forcing them to disclose how they make their moderation decisions. Competition law? A long haul, and besides, most users like a moderated Internet experience. Regulation? Only if we take the First Amendment back to the heyday of broadcast regulation. As a particularly egregious example of foreign governments and platforms ganging up to censor Americans, we touch on the CJEU’s insufferable decision encouraging the export of European defamation law to the US – with an extra margin of censorship to keep the platform from any risk of liability. I offer to risk my Facebook account to see if that’s already happening.

Continue Reading Episode 302: Will the First Amendment Kill Free Speech in America?

We interview Ben Buchanan about his new book, The Hacker and the State: Cyber Attacks and the New Normal of Geopolitics. This is Ben’s second book and second interview on the podcast about international conflict and cyber weapons. It’s safe to say that America’s strategic posture hasn’t improved. We face more adversaries with more tools and a considerably greater appetite for cyber adventurism. Ben recaps some of the stories that were undercovered in the US press when they occurred. The second large attack on Ukraine’s grid, for example, was little noticed during the US election of 2016, but it appears more ominous after a recent analysis of the tools used, and perhaps most importantly, those available to the GRU but not used. Meanwhile, the US is not making much progress in cyberspace on the basic requirement of a great power, which is making our enemies fear us.

Continue Reading Episode 301: Ratchet to Disaster

This week’s episode includes an interview with Bruce Schneier about his recent op-ed on privacy. Bruce and I are both dubious about the current media trope that facial recognition technology was spawned by the Antichrist. He notes that what we are really worried about is a lot bigger than facial recognition and offers ways in which the law could address our deeper worry. I’m less optimistic about our ability to write or enforce laws designed to restrict use of information that gets cheaper to collect, to correlate, and to store every year. It’s a good, civilized exchange.

Continue Reading Episode 296: Is CCPA short for “Law of Unintended Consequences”?