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Did the US Government Ignore a Chance to Make TikTok Safer?

"To save itself, TikTok in 2022 offered the U.S. government an extraordinary deal," reports the Washington Post. The video app, owned by a Chinese company, said it would let federal officials pick its U.S. operation's board of directors, would give the government veto power over each new hire and would pay an American company that contracts with the Defense Department to monitor its source code, according to a copy of the company's proposal. It even offered to give federal officials a kill switch that would shut the app down in the United States if they felt it remained a threat. The Biden administration, however, went its own way. Officials declined the proposal, forfeiting potential influence over one of the world's most popular apps in favor of a blunter option: a forced-sale law signed last month by President Biden that could lead to TikTok's nationwide ban. The government has never publicly explained why it rejected TikTok's proposal, opting instead for a potentially protracted constitutional battle that many expect to end up before the Supreme Court... But the extent to which the United States evaluated or disregarded TikTok's proposal, known as Project Texas, is likely to be a core point of dispute in court, where TikTok and its owner, ByteDance, are challenging the sale-or-ban law as an "unconstitutional assertion of power." The episode raises questions over whether the government, when presented with a way to address its concerns, chose instead to back an effort that would see the company sold to an American buyer, even though some of the issues officials have warned about — the opaque influence of its recommendation algorithm, the privacy of user data — probably would still be unresolved under new ownership... A senior Biden administration official said in a statement that the administration "determined more than a year ago that the solution proposed by the parties at the time would be insufficient to address the serious national security risks presented. While we have consistently engaged with the company about our concerns and potential solutions, it became clear that divestment from its foreign ownership was and remains necessary." "Since federal officials announced an investigation into TikTok in 2019, the app's user base has doubled to more than 170 million U.S. accounts," according to the article. It also includes this assessment from Anupam Chander, a Georgetown University law professor who researches international tech policy. "The government had a complete absence of faith in [its] ability to regulate technology platforms, because there might be some vulnerability that might exist somewhere down the line."

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Are AI-Generated Search Results Still Protected by Section 230?

Starting this week millions will see AI-generated answers in Google's search results by default. But the announcement Tuesday at Google's annual developer conference suggests a future that's "not without its risks, both to users and to Google itself," argues the Washington Post: For years, Google has been shielded for liability for linking users to bad, harmful or illegal information by Section 230 of the Communications Decency Act. But legal experts say that shield probably won't apply when its AI answers search questions directly. "As we all know, generative AIs hallucinate," said James Grimmelmann, professor of digital and information law at Cornell Law School and Cornell Tech. "So when Google uses a generative AI to summarize what webpages say, and the AI gets it wrong, Google is now the source of the harmful information," rather than just the distributor of it... Adam Thierer, senior fellow at the nonprofit free-market think tank R Street, worries that innovation could be throttled if Congress doesn't extend Section 230 to cover AI tools. "As AI is integrated into more consumer-facing products, the ambiguity about liability will haunt developers and investors," he predicted. "It is particularly problematic for small AI firms and open-source AI developers, who could be decimated as frivolous legal claims accumulate." But John Bergmayer, legal director for the digital rights nonprofit Public Knowledge, said there are real concerns that AI answers could spell doom for many of the publishers and creators that rely on search traffic to survive — and which AI, in turn, relies on for credible information. From that standpoint, he said, a liability regime that incentivizes search engines to continue sending users to third-party websites might be "a really good outcome." Meanwhile, some lawmakers are looking to ditch Section 230 altogether. [Last] Sunday, the top Democrat and Republican on the House Energy and Commerce Committee released a draft of a bill that would sunset the statute within 18 months, giving Congress time to craft a new liability framework in its place. In a Wall Street Journal op-ed, Reps. Cathy McMorris Rodgers (R-Wash.) and Frank Pallone Jr. (D-N.J.) argued that the law, which helped pave the way for social media and the modern internet, has "outlived its usefulness." The tech industry trade group NetChoice [which includes Google, Meta, X, and Amazon] fired back on Monday that scrapping Section 230 would "decimate small tech" and "discourage free speech online." The digital law professor points out Google has traditionally escaped legal liability by attributing its answers to specific sources — but it's not just Google that has to worry about the issue. The article notes that Microsoft's Bing search engine also supplies AI-generated answers (from Microsoft's Copilot). "And Meta recently replaced the search bar in Facebook, Instagram and WhatsApp with its own AI chatbot." The article also note sthat several U.S. Congressional committees are considering "a bevy" of AI bills...

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Utah Locals Are Getting Cheap 10 Gbps Fiber Thanks To Local Governments

Karl Bode writes via Techdirt: Tired of being underserved and overbilled by shitty regional broadband monopolies, back in 2002 a coalition of local Utah governments formed UTOPIA -- (the Utah Telecommunication Open Infrastructure Agency). The inter-local agency collaborative venture then set about building an "open access" fiber network that allows any ISP to then come and compete on the shared network. Two decades later and the coalition just announced that 18 different ISPs now compete for Utah resident attention over a network that now covers 21 different Utah cities. In many instances, ISPs on the network are offering symmetrical (uncapped) gigabit fiber for as little as $45 a month (plus $30 network connection fee, so $75). Some ISPs are even offering symmetrical 10 Gbps fiber for around $150 a month: "Sumo Fiber, a veteran member of the UTOPIA Open Access Marketplace, is now offering 10 Gbps symmetrical for $119, plus a $30 UTOPIA Fiber infrastructure fee, bringing the total cost to $149 per month." It's a collaborative hybrid that blurs the line between private companies and government, and it works. And the prices being offered here are significantly less than locals often pay in highly developed tech-centric urban hubs like New York, San Francisco, or Seattle. Yet giant local ISPs like Comcast and Qwest spent decades trying to either sue this network into oblivion, or using their proxy policy orgs (like the "Utah Taxpayer Association") to falsely claim this effort would end in chaos and inevitable taxpayer tears. Yet miraculously UTOPIA is profitable, and for the last 15 years, every UTOPIA project has been paid for completely through subscriber revenues. [...] For years, real world experience and several different studies and reports (including our Copia study on this concept) have made it clear that open access networks and policies result in faster, better, more affordable broadband access. UTOPIA is proving it at scale, but numerous other municipalities have been following suit with the help of COVID relief and infrastructure bill funding.

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Has Section 230 'Outlived Its Usefulness'?

In an op-ed for The Wall Street Journal, Representatives Cathy McMorris Rodgers (R-Wash.) and Frank Pallone Jr (D-N.J.) made their case for why Section 230 of the 1996 Communications Decency Act has "outlived its usefulness." Section 230 of the Communications Decency Act protects online platforms from liability for user-generated content, allowing them to moderate content without being treated as publishers. "Unfortunately, Section 230 is now poisoning the healthy online ecosystem it once fostered. Big Tech companies are exploiting the law to shield them from any responsibility or accountability as their platforms inflict immense harm on Americans, especially children. Congress's failure to revisit this law is irresponsible and untenable," the lawmakers wrote. The Hill reports: Rodgers and Pallone argued that rolling back the protections on Big Tech companies would hold them accountable for the material posted on their platforms. "These blanket protections have resulted in tech firms operating without transparency or accountability for how they manage their platforms. This means that a social-media company, for example, can't easily be held responsible if it promotes, amplifies or makes money from posts selling drugs, illegal weapons or other illicit content," they wrote. The lawmakers said they were unveiling legislation (PDF) to sunset Section 230. It would require Big Tech companies to work with Congress for 18 months to "evaluate and enact a new legal framework that will allow for free speech and innovation while also encouraging these companies to be good stewards of their platforms." "Our bill gives Big Tech a choice: Work with Congress to ensure the internet is a safe, healthy place for good, or lose Section 230 protections entirely," the lawmakers wrote.

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Can Technology Help Reduce Drunk-Driving Deaths?

An anonymous reader shared this report from the Wall Street Journal: Drunken-driving deaths in the U.S. have risen to levels not seen in nearly two decades, federal data show, a major setback to long-running road-safety efforts. At the same time, arrests for driving under the influence have plummeted, as police grapple with challenges like hiring woes and heightened concern around traffic stops... About 13,500 people died in alcohol impairment-related crashes in 2022, according to data released in April by the National Highway Traffic Safety Administration. That is 33% above 2019's toll and on par with 2021's. The last time so many people died as a result of accidents involving intoxicated drivers was in 2006. That's still down from the early 1980s, when America was seeing over 20,000 drunk-driving deaths a year, according to the article. "By 2010, that number had fallen to around 10,000 thanks to high-profile public-education campaigns by groups like MADD, tougher laws, and aggressive enforcement that included sobriety checkpoints and typically yielded well over a million DUI arrests annually." But some hope to solve the problem using technology: Many activists and policymakers are banking on the promise of built-in devices to prevent a car from starting if the driver is intoxicated, either by analyzing a driver's exhaled breath or using skin sensors to gauge the blood-alcohol level. NHTSA issued a notice in December that it said lays the groundwork for potential alcohol-impairment detection technology standards in all new cars "when the technology is mature." And Glenn Davis, who manages Colorado's highway-safety office, "pointed to Colorado's extensive use of ignition interlock systems that require people convicted of DUI to blow into a tube to verify they are sober in order for their car to start. He said the office promotes nondriving options such as Lyft and Uber."

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America's Federal Regulators Are Preparing More Lawsuits Against Crypto Companies

A "string of legal victories" by America's market-regulating Securities and Exchange Commission "has jolted some of crypto's biggest players," reports Politico — even as they're seeking more credibility with U.S. lawmakers: Judges have recently rebuked claims that the SEC lacks authority to police the market. Coinbase, the largest U.S. exchange, lost a bid to throw out charges that it is violating investor-protection rules. And a New York jury found one-time billionaire entrepreneur Do Kwon and his firm liable for fraud. Now, the crackdown is about to expand, with the SEC preparing for a new round of lawsuits. "The SEC just keeps winning," said John Reed Stark, a former agency attorney and prominent crypto critic. "The law is catching up...." [I]t's the SEC crackdown that is raising foundational questions about crypto's future. [SEC Chairman Gary] Gensler has been among the industry's most implacable foes, saying most crypto tokens are unregistered securities that are being sold illegally and blasting the industry as "rife with fraud, scams, bankruptcies and money laundering." His opposition has been so unwavering that many in the industry are holding out hope that he leaves the agency after the November elections... [T]he SEC's enforcement sweep appears to be on the brink of spreading across the crypto world. Consensys is facing potential charges from the agency, according to the company's lawsuit. And the SEC recently warned Uniswap Labs, a decentralized finance company that created one of the world's largest DeFi exchanges, that staff was preparing to sue. Uniswap executives have vowed to fight the agency in court.

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The US Just Mandated Automated Emergency Braking Systems By 2029

Come 2029, all cars sold in the U.S. "must be able to stop and avoid contact with a vehicle in front of them at speeds up to 62 mph," reports Car and Driver. "Additionally, the system must be able to detect pedestrians in both daylight and darkness. As a final parameter, the federal standard will require the system to apply the brakes automatically up to 90 mph when a collision is imminent, and up to 45 mph when a pedestrian is detected." Notably, the federal standardization of automated emergency braking systems includes pedestrian-identifying emergency braking, too. Once implemented, the NHTSA projects that this standard will save at least 360 lives a year and prevent at least 24,000 injuries annually. Specifically, the federal agency claims that rear-end collisions and pedestrian injuries will both go down significantly... "Automatic emergency braking is proven to save lives and reduce serious injuries from frontal crashes, and this technology is now mature enough to require it in all new cars and light trucks. In fact, this technology is now so advanced that we're requiring these systems to be even more effective at higher speeds and to detect pedestrians," said NHTSA deputy administrator Sophie Shulman. Thanks to long-time Slashdot reader sinij for sharing the article.

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Senators Want Limits On TSA Use of Facial Recognition Technology For Airport Screening

A bipartisan group of senators, led by Jeff Merkley, John Kennedy, and Roger Marshall, is advocating for limitations on the Transportation Security Administration's use of facial recognition technology due to concerns about privacy and civil liberties. PBS reports: In a letter on Thursday, the group of 14 lawmakers called on Senate leaders to use the upcoming reauthorization of the Federal Aviation Administration as a vehicle to limit TSA's use of the technology so Congress can put in place some oversight. "This technology poses significant threats to our privacy and civil liberties, and Congress should prohibit TSA's development and deployment of facial recognition tools until rigorous congressional oversight occurs," the senators wrote. The effort, led by Sens. Jeff Merkley, D-Ore., John Kennedy, R-La., and Roger Marshall, R-Kan., "would halt facial recognition technology at security checkpoints, which has proven to improve security effectiveness, efficiency, and the passenger experience," TSA said in a statement. The technology is currently in use at 84 airports around the country and is planned to expand in the coming years to the roughly 430 covered by TSA.

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Pegasus Spyware Used on Hundreds of People, Says Poland's Prosecutor General

An anonymous reader shared this report from the Associated Press: Poland's prosecutor general told the parliament on Wednesday that powerful Pegasus spyware was used against hundreds of people during the former government in Poland, among them elected officials. Adam Bodnar told lawmakers that he found the scale of the surveillance "shocking and depressing...." The data showed that Pegasus was used in the cases of 578 people from 2017 to 2022, and that it was used by three separate government agencies: the Central Anticorruption Bureau, the Military Counterintelligence Service and the Internal Security Agency. The data show that it was used against six people in 2017; 100 in 2018; 140 in 2019; 161 in 2020; 162 in 2021; and then nine in 2022, when it stopped.... Bodnar said that the software generated "enormous knowledge" about the "private and professional lives" of those put under surveillance. He also stressed that the Polish state doesn't have full control over the data that is gathered because the system operates on the basis of a license that was granted by an Israeli company. "Pegasus gives its operators complete access to a mobile device, allowing them to extract passwords, photos, messages, contacts and browsing history and activate the microphone and camera for real-time eavesdropping."

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The IRS's New Tax Software: Rave Reviews, But Low Turnout

An anonymous reader quotes a report from the Washington Post: The Biden administration marked the close of tax season Monday by announcing it had met a modest goal of getting at least 100,000 taxpayers to file through the Internal Revenue Service's new tax software, Direct File -- an alternative to commercial tax preparers. Although the government had billed Direct File as a small-scale pilot, it still represents one of the most significant experiments in tax filing in decades -- a free platform letting Americans file online directly to the government. Monday's announcement aside, though, Direct File's success has proven highly subjective. By and large, people who tried the Direct File software -- which looks a lot like TurboTax or other commercial tax software, with its question-and-answer format -- gave it rave reviews. "Against all odds, the government has created an actually good piece of technology," a writer for the Atlantic marveled, describing himself as "giddy" as he used the website to chat live with a helpful IRS employee. The Post's Tech Friend columnist Shira Ovide called it "visible proof that government websites don't have to stink." Online, people tweeted praise after filing their taxes, like the user who called it the "easiest tax experience of my life." While the users might be a happy group, however, there weren't many of them compared to other tax filing options -- and their positive reviews likely won't budge the opposition that Direct File has faced from tax software companies and Republicans from the outset. These headwinds will likely continue if the IRS wants to renew it for another tax season. The program opened to the public midway through tax season, when many low-income filers had already claimed their refunds -- and was restricted to taxpayers in 12 states, with only four types of income (wages, interest, Social Security and unemployment). But it gained popularity as tax season went on: The Treasury Department said more than half of the total users of Direct File completed their returns during the last week.

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