Category Archives: courts

AI and Microdirectives

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Imagine a future in which AIs automatically interpret—and enforce—laws.

All day and every day, you constantly receive highly personalized instructions for how to comply with the law, sent directly by your government and law enforcement. You’re told how to cross the street, how fast to drive on the way to work, and what you’re allowed to say or do online—if you’re in any situation that might have legal implications, you’re told exactly what to do, in real time.

Imagine that the computer system formulating these personal legal directives at mass scale is so complex that no one can explain how it reasons or works. But if you ignore a directive, the system will know, and it’ll be used as evidence in the prosecution that’s sure to follow…

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Class-Action Lawsuit for Scraping Data without Permission

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I have mixed feelings about this class-action lawsuit against OpenAI and Microsoft, claiming that it “scraped 300 billion words from the internet” without either registering as a data broker or obtaining consent. On the one hand, I want this to be a protected fair use of public data. On the other hand, I want us all to be compensated for our uniquely human ability to generate language.

There’s an interesting wrinkle on this. A recent paper showed that using AI generated text to train another AI invariably “causes irreversible defects.” From a …

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Fines as a Security System

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Tile has an interesting security solution to make its tracking tags harder to use for stalking:

The Anti-Theft Mode feature will make the devices invisible to Scan and Secure, the company’s in-app feature that lets you know if any nearby Tiles are following you. But to activate the new Anti-Theft Mode, the Tile owner will have to verify their real identity with a government-issued ID, submit a biometric scan that helps root out fake IDs, agree to let Tile share their information with law enforcement and agree to be subject to a $1 million penalty if convicted in a court of law of using Tile for criminal activity. So although it technically makes the device easier for stalkers to use Tiles silently, it makes the penalty of doing so high enough to (at least in theory) deter them from trying…

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Kevin Mitnick Hacked California Law in 1983

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Early in his career, Kevin Mitnick successfully hacked California law. He told me the story when he heard about my new book, which he partially recounts his 2012 book, Ghost in the Wires.

The setup is that he just discovered that there’s warrant for his arrest by the California Youth Authority, and he’s trying to figure out if there’s any way out of it.

As soon as I was settled, I looked in the Yellow Pages for the nearest law school, and spent the next few days and evenings there poring over the Welfare and Institutions Code, but without much hope…

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On Alec Baldwin’s Shooting

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We recently learned that Alec Baldwin is being charged with involuntary manslaughter for his accidental shooting on a movie set. I don’t know the details of the case, nor the intricacies of the law, but I have a question about movie props.

Why was an actual gun used on the set? And why were actual bullets used on the set? Why wasn’t it a fake gun: plastic, or metal without a working barrel? Why does it have to fire blanks? Why can’t everyone just pretend, and let someone add the bang and the muzzle flash in post-production?

Movies are filled with fakery. The …

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Decarbonizing Cryptocurrencies through Taxation

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Maintaining bitcoin and other cryptocurrencies causes about 0.3 percent of global CO2 emissions. That may not sound like a lot, but it’s more than the emissions of Switzerland, Croatia, and Norway combined. As many cryptocurrencies crash and the FTX bankruptcy moves into the litigation stage, regulators are likely to scrutinize the cryptocurrency world more than ever before. This presents a perfect opportunity to curb their environmental damage.

The good news is that cryptocurrencies don’t have to be carbon intensive. In fact, some have near-zero emissions. To encourage polluting currencies to reduce their carbon footprint, we need to force buyers to pay for their environmental harms through taxes…

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Hacking Trespass Law

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This article talks about public land in the US that is completely surrounded by private land, which in some cases makes it inaccessible to the public. But there’s a hack:

Some hunters have long believed, however, that the publicly owned parcels on Elk Mountain can be legally reached using a practice called corner-crossing.

Corner-crossing can be visualized in terms of a checkerboard. Ever since the Westward Expansion, much of the Western United States has been divided into alternating squares of public and private land. Corner-crossers, like checker pieces, literally step from one public square to another in diagonal fashion, avoiding trespassing charges. The practice is neither legal nor illegal. Most states discourage it, but none ban it…

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Apple’s Device Analytics Can Identify iCloud Users

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Researchers claim that supposedly anonymous device analytics information can identify users:

On Twitter, security researchers Tommy Mysk and Talal Haj Bakry have found that Apple’s device analytics data includes an iCloud account and can be linked directly to a specific user, including their name, date of birth, email, and associated information stored on iCloud.

Apple has long claimed otherwise:

On Apple’s device analytics and privacy legal page, the company says no information collected from a device for analytics purposes is traceable back to a specific user. “iPhone Analytics may include details about hardware and operating system specifications, performance statistics, and data about how you use your devices and applications. None of the collected information identifies you personally,” the company claims…

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The Conviction of Uber’s Chief Security Officer

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I have been meaning to write about Joe Sullivan, Uber’s former Chief Security Officer. He was convicted of crimes related to covering up a cyberattack against Uber. It’s a complicated case, and I’m not convinced that he deserved a gui… Continue reading The Conviction of Uber’s Chief Security Officer→

Regulating DAOs

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In August, the US Treasury’s Office of Foreign Assets Control (OFAC) sanctioned the cryptocurrency platform Tornado Cash, a virtual currency “mixer” designed to make it harder to trace cryptocurrency transactions—and a worldwide favorite money-laundering platform. Americans are now forbidden from using it. According to the US government, Tornado Cash was sanctioned because it allegedly laundered over $7 billion in cryptocurrency, $455 million of which was stolen by a North Korean state-sponsored hacking group.

Tornado Cash is not a traditional company run by human beings, but instead a series of “smart contracts”: self-executing code that exists only as software. …

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