{"version":1,"type":"rich","provider_name":"Libsyn","provider_url":"https:\/\/www.libsyn.com","height":90,"width":600,"title":"Do AI Trust and Safety Measures Deserve to Fail?","description":"It\u2019s the last and probably longest Cyberlaw Podcast episode of 2023. To lead off, Megan Stifel takes us through a batch of stories about ways that AI, and especially AI trust and safety, manage to look remarkably fallible. Anthropic released a paper showing that race, gender, and age discrimination by AI models was real but could be dramatically reduced by instructing The Model to \u201creally, really, really\u201d avoid such discrimination. (Buried in the paper was the fact that the original, severe AI bias disfavored older white men, as did the residual bias that asking nicely didn\u2019t eliminate.) Bottom line from Anthropic seems to be, \u201cOur technology is a really cool toy, but don\u2019t use if for anything that matters.\u201d) In keeping with that theme, Google\u2019s highly touted OpenAI competitor Gemini was release to mixed reviews when the model couldn\u2019t correctly identify recent Oscar winners or a French word with six letters (it offered \u201camour\u201d). The good news was for people who hate AI\u2019s ham-handed political correctness; it turns out you can ask another AI model how to jailbreak your model, a request that can make the task go 25 times faster. This could be the week that determines the fate of FISA section 702, David Kris reports. It looks as though two bills will go to the House floor, and only one will survive. Judiciary\u2019s bill is a grudging renewal of 702 for a mere three years, full of procedures designed to cripple the program. The intelligence committee\u2019s bill beats the FBI around the head and shoulders but preserves the core of 702. David and I explore the \u201cqueen of the hill\u201d procedure that will allow members to vote for either bill, both, or none, and will send to the Senate the version that gets the most votes.  Gus Hurwitz looks at the FTC\u2019s last-ditch appeal to stop the Microsoft-Activision merger. The best case, he suspects, is that the appeal will be rejected without actually repudiating the pet theories of the FTC\u2019s hipster antitrust lawyers. Megan and I examine the latest HHS proposal to impose new cybersecurity requirements on hospitals. David, meanwhile, looks for possible motivations behind the FBI\u2019s procedures for companies who want help in delaying SEC cyber incident disclosures. Then Megan and I consider the tough new UK rules for establishing the age of online porn consumers. I think they\u2019ll hurt Pornhub\u2019s litigation campaign against states trying to regulate children\u2019s access to porn sites.  The race to 5G is over, Gus notes, and it looks like even the winners lost. Faced with the threat of Chinese 5G domination and an industry sure that 5G was the key to the future, many companies and countries devoted massive investments to the technology, but it\u2019s now widely deployed and no one sees much benefit. There is more than one lesson here for industrial policy and the unpredictable way technologies disseminate. 23andme gets some time in the barrel, with Megan and I both dissing its \u201clawyerly\u201d response to a history of data breaches \u2013 namely changing its terms of service it harder for customers to sue for data breaches. Gus reminds us that the Biden FCC only took office in that last month or two, and it is determined to catch up with the FTC in advancing foolish and doomed regulatory initiatives. This week\u2019s example, remarkably, isn\u2019t net neutrality. It\u2019s worse. The Commission is building a sweeping regulatory structure on an obscure section of the 2021 infrastructure act that calls for the FCC to \u201cfacilitate equal access to broadband internet access service...\u201d: Think we\u2019re hyperventilating? Read Commissioner Brendan Carr\u2019s eloquent takedown of the whole initiative.  Senator Ron Wyden (D-OR) has a been in his bonnet over government access to smartphone notifications. Megan and I do our best to understand his concern and how seriously to take it.  Wrapping up, Gus offers a quick take on Meta\u2019s broadening attack on the constitutionality of the FTC\u2019s current structure. David takes satisfaction from the Justice Department\u2019s patient and successful pursuit of Russian Hacker Vladimir Dunaev for his role in creating TrickBot. Gus notes that South Korea\u2019s law imposing internet costs on content providers is no match for the law of supply and demand. Finally, in quick hits we cover:  The guilty plea of the founder of a cryptocurrency exchange accused of money laundering. Rumors that the ALPHV ransomware site has been taken down by law enforcement IBM\u2019s long-term quantum computing research milestones The UK\u2019s antitrust throat-clearing about the OpenAI-Microsoft tie-up And Europe\u2019s low-on-details announcement of a deal on the world\u2019s first comprehensive AI rules  Download 485th 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":"