Going Deep on Deep Fakes—Plus a Bonus Interview with Rob Silvers on the Cyber Safety Review Board.
Listen now
Description
It was a big week for deep fakes generated by artificial intelligence. Sultan Meghji, who’s got a new AI startup, walked us through three stories that illustrate the ways AI will lead to more confusion about who’s really talking to us. First, a fake Biden robocall urged people not to vote in the New Hampshire primary. Second, a bot purporting to offer Dean Phillips’s views on the issues was sanctioned by OpenAI because it didn’t have Phillips’s consent. Third, fake nudes of Taylor Swift led to a ban on Twitter searches for her image. And, finally, podcasters used AI to resurrect George Carlin and got sued by his family. The moral panic over AI fakery meant that all of these stories were long on “end of the world” and short on “we’ll live through this.” Regulators of AI are not doing a better job of maintaining perspective. Mark MacCarthy reports that New York City’s AI hiring law, which has punitive disparate-impact disclosure requirements for automated hiring decision engines, seems to have persuaded NYC employers that they aren’t making any automated hiring decisions, so they don’t have to do any disclosures. Not to be outdone, the European Court of Justice has decided that pretty much any tool to aid in decisions is likely to be an automated decision making technology subject to special (and mostly nonsensical) data protection rules. Is AI regulation creating its own backlash? Could be. Sultan and I report on a very plausible Republican plan to attack the Biden AI executive order on the ground that its main enforcement mechanism relies, the Defense Production Act, simply doesn’t authorize what the order calls for. Speaking of regulation, Maury Shenk covers the EU’s application of the Digital Markets Act to big tech companies like Apple and Google. Apple isn’t used to being treated like just another company, and its contemptuous response to the EU’s rules for its app market could easily lead to regulatory sanctions. Looking at Apple’s proposed compliance with the California court ruling in the Epic case and the European Digital Market Act, Mark says it's time to think about price regulating mobile app stores. Even handing out big checks to technology companies turns out to be harder than it first sounds. Sultan and I talk about the slow pace of payments to chip makers, and the political imperative to get the deals done before November (and probably before March).  Senator Ron Wyden, D-Ore. is still flogging NSA and the danger of government access to personal data. This time, he’s on about NSA’s purchases of commercial data. So far, so predictable. But this time, he’s misrepresented the facts by saying without restriction that NSA buys domestic metadata, omitting NSA’s clear statement that its netflow “domestic” data consists of communications with one end outside the country.   Maury and I review an absent colleague’s effort to construct a liability regime for insecure software. Jim Dempsey's proposal looks quite reasonable, but Maury reminds me that he and I produced something similar twenty years ago, and it’s not even close to adoption anywhere in the U.S.   I can’t help but rant about Amazon’s arrogant, virtue-signaling, and customer-hating decision to drop a feature that makes it easy for Ring doorbell users to share their videos with the police. Whose data is it, anyway, Amazon? Sadly, we know the answer.  It looks as though there’s only one place where hasty, ill-conceived tech regulation is being rolled back. Maury reports on the People’s Republic of China, which canned its video game regulations, and its video game regulator for good measure, and started approving new games at a rapid clip, after a proposed regulatory crackdown knocked more than $60 bn off the value of its industry.  We close the news roundup with a few quick hits: Outside of AI, VCs are closing their wallets and letting startups run out of money  
More Episodes
Published 04/22/24
Okay, yes, I promised to take a hiatus after episode 500. Yet here it is a week later, and I'm releasing episode 501. Here's my excuse. I read and liked Dmitri Alperovitch's book, "World on the Brink: How America Can Beat China in the Race for the 21st Century."  I told him I wanted to do an...
Published 04/22/24
There’s a whiff of Auld Lang Syne about episode 500 of the Cyberlaw Podcast, since after this it will be going on hiatus for some time and maybe forever. (Okay, there will be an interview with Dmitri Alperovich about his forthcoming book, but the news commentary is done for now.) Perhaps it’s...
Published 04/11/24