{"version":1,"type":"rich","provider_name":"Libsyn","provider_url":"https:\/\/www.libsyn.com","height":90,"width":600,"title":"Administration Fails Forward on China Chip Exports","description":"This episode of the Cyberlaw Podcast begins with the administration\u2019s aggressive new rules on chip exports to China. Practically every aspect of the rules announced just eight months ago was sharply tightened, Nate Jones reports. The changes are so severe, I suggest, that they make the original rules look like a failure that had to be overhauled to work. Much the same could be said about the Biden administration\u2019s plan for an executive order on AI regulation that Chessie Lockhart thinks will  focus on government purchases. As a symbolic expression of best AI practice, procurement focused rules make symbolic sense. But given the current government market for AI, it\u2019s hard to see them having much bite. If it\u2019s bite you want, Nate says, the EU has sketched out what appears to be version 3.0 of its AI Act. It doesn\u2019t look all that much like Versions 1.0 or 2.0, but it\u2019s sure to take the world by storm, fans of the Brussels Effect tell us. I note that the new version includes plans for fee-driven enforcement and suggest that the scope of the rules is already being tailored to ensure fee revenue from popular but not especially risky AI models. Jane Bambauer offers a kind review of  Marc Andreessen\u2019s \u201c\u2018Techno-Optimist Manifesto\u201d.  We end up agreeing more than we disagree with Marc\u2019s arguments, if not his bombast. I attribute his style to a lesson I once learned from mountaineering. Chessie discusses the Achilles heel of the growing state movement to require that registered data brokers delete personal data on request. It turns out that a lot of the data brokers, just aren\u2019t registering. The Supreme Court, moving with surprising speed at the Solicitor General\u2019s behest, has granted cert and a stay  in the jawboning case, brought by Missouri among other states to stop federal agencies from leaning on social media to suppress speech the federal government disagrees with. I note that the SG\u2019s desperation to win this case has led it to make surprisingly creative arguments, leading to yet another Cybertoonz explainer. Social media\u2019s loss of public esteem may be showing up in judicial decisions. Jane reports on a California decision allowing a lawsuit that seeks to sue kids\u2019 social media on a negligence theory for marketing an addictive product. I\u2019m happier than Jane to see that the bloom is off the section 230 rose, but we agree that suing companies for making their product\u2019s too attractive may run into a few pitfalls on the way to judgment. I offer listeners who don\u2019t remember the Reagan administration a short history of the California judge who wrote the opinion. And speaking of tort liability for tech products, Chessie tells us that Chinny Sharma, another Cyberlaw podcast stalwart, has an article in Lawfare confessing some fondness for products liability (as opposed to negligence) lawsuits over cybersecurity failures.  Chessie also breaks down a Colorado Supreme Court decision approving a keyword search for an arson-murder suspect. Although played as a win for keyword searches in the press, it\u2019s actually a loss. The search results were deemed admissible only because the good faith exception excused what the court considered a lack of probable cause. I award EFF the \u201csore winner\u201d award for its whiny screed complaining that, while it agree with EFF on the principle, the court didn\u2019t also free the scumbags who burned five people to death. Finally,  Nate and I explain why the Cybersecurity and Infrastructure Security Agency won\u2019t be getting the small-ball cyber bills through Congress that used to be routine. CISA overplayed its hand in the misinformation wars over the  2020 election, going so far as to consider curbs on \u201cmalinformation\u201d \u2013 information that is true but inconvenient for the government. This has led a lot of conservatives to look for reasons to cut CISA\u2019s budget. Sen. Rand Paul (R-Ky.)  gets special billing. Download 478th Episode (mp3) You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@gmail.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug! The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets. ","author_name":"The Cyberlaw Podcast","author_url":null,"html":"