{"version":1,"type":"rich","provider_name":"Libsyn","provider_url":"https:\/\/www.libsyn.com","height":90,"width":600,"title":"Going Deep on Deep Fakes\u2014Plus a Bonus Interview with Rob Silvers on the Cyber Safety Review Board.","description":"It was a big week for deep fakes generated by artificial intelligence. Sultan Meghji, who\u2019s got a new AI startup, walked us through three stories that illustrate the ways AI will lead to more confusion about who\u2019s 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\u2019s views on the issues was sanctioned by OpenAI because it didn\u2019t have Phillips\u2019s 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 \u201cend of the world\u201d and short on \u201cwe\u2019ll live through this.\u201d Regulators of AI are not doing a better job of maintaining perspective. Mark MacCarthy reports that New York City\u2019s AI hiring law, which has punitive disparate-impact disclosure requirements for automated hiring decision engines, seems to have persuaded NYC employers that they aren\u2019t making any automated hiring decisions, so they don\u2019t 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\u2019t authorize what the order calls for. Speaking of regulation, Maury Shenk covers the EU\u2019s application of the Digital Markets Act to big tech companies like Apple and Google. Apple isn\u2019t used to being treated like just another company, and its contemptuous response to the EU\u2019s rules for its app market could easily lead to regulatory sanctions. Looking at Apple\u2019s 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\u2019s on about NSA\u2019s purchases of commercial data. So far, so predictable. But this time, he\u2019s misrepresented the facts by saying without restriction that NSA buys domestic metadata, omitting NSA\u2019s clear statement that its netflow \u201cdomestic\u201d data consists of communications with one end outside the country.   Maury and I review an absent colleague\u2019s 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\u2019s not even close to adoption anywhere in the U.S.   I can\u2019t help but rant about Amazon\u2019s 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\u2019s only one place where hasty, ill-conceived tech regulation is being rolled back. Maury reports on the People\u2019s 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  Apple launched an expensive dud \u2013 the Vision Pro  Quantum winter may be back as quantum computing turns out to be harder than hoped Speaking of winter, self-driving cars are going to need snow tires to get through the latest market and regulatory storms overtaking companies like Cruise  Finally, as a listener bonus, we turn to Rob Silvers, Under Secretary for Policy at the Department of Homeland Security and Chair of the Cyber Safety Review Board (CSRB). Under Rob\u2019s leadership, DHS has proposed legislation to give the CSRB a legislative foundation. The Senate homeland security committee recently held a hearing about that idea. Rob wasn\u2019t invited, so we asked him to come on the podcast to respond to issues that the hearing raised \u2013 conflicts of interest, subpoena power, choosing the incidents to investigate, and more. Download 489th 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":"