artificial intelligence

For decades, U.S. cyber exploits were notoriously lawyer-ridden, to the point where it was a key element of attribution. But it looks like Israel has matched and surpassed U.S. cyberwarriors. In an attack claimed by some “hacktivist” group but widely attributed to Israel, Nate Jones reports, several Iranian mills shut down in a flood

This week’s Cyberlaw Podcast covers efforts to pull the Supreme Court into litigation over the Texas law treating social media platforms like common carriers and prohibiting them from discriminating based on viewpoint when they take posts down. I predict that the Court won’t overturn the appellate decision staying an unpersuasive district court opinion. Mark

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?