Supreme Court remands social media moderation cases over First Amendment issues

Two state laws that could upend the way social media companies handle content moderation are still in limbo after a Supreme Court ruling sent the challenges back to lower courts, vacating previous rulings. In a 9 - 0 decision in Moody v. NetChoice and NetChoice v. Paxton, the Supreme Court said that earlier rulings in lower courts had not properly evaluated the laws’ impact on the First Amendment.

The cases stem from two state laws, from Texas and Florida, which tried to impose restrictions on social media companies’ ability to moderate content. The Texas law, passed in 2021, allows users to sue large social media companies over alleged “censorship” of their political views. The Supreme Court suspended the law in 2022 following a legal challenge. Meanwhile, the Florida measure, also passed in 2021, attempted to impose fines on social media companies for banning politicians. That law has also been on hold pending legal challenges.

Both laws were challenged by NetChoice, an industry group that represents Meta, Google, X and other large tech companies. NetChoice argued that the laws were unconstitutional and would essentially prevent large platforms from performing any kind of content moderation. The Biden Administration also opposed both laws. In a statement, NetChoice called the decision “a victory for First Amendment rights online.”

In a decision authored by Justice Elena Kagan, the court said that lower court rulings in both cases “concentrated” on the issue of “whether a state law can regulate the content-moderation practices used in Facebook’s News Feed (or near equivalents).” But, she writes, “they did not address the full range of activities the laws cover, and measure the constitutional against the unconstitutional applications.”

Essentially, the usually-divided court agreed that the First Amendment implications of the laws could have broad impacts on parts of these sites unaffected by algorithmic sorting or content moderation (like direct messages, for instance) as well as on speech in general. Analysis of those externalities, Kagan wrote, simply never occurred in the lower court proceedings. The decision to remand means that analysis should take place, and the case may come back before SCOTUS in the future.

“In sum, there is much work to do below on both these cases … But that work must be done consistent with the First Amendment, which does not go on leave when social media are involved,” Kagan wrote. 

This article originally appeared on Engadget at https://www.engadget.com/supreme-court-remands-social-media-moderation-cases-over-first-amendment-issues-154001257.html?src=rss

FCC chair asks telecoms companies to prove they’re actually trying to stop political AI robocalls

FCC Chairwoman Jessica Rosenworcel has drafted a series of letters to nine major telecom companies, including AT&T and Comcast, to ask if they’re actually doing anything about AI political robocalls. AI-generated voices are getting pretty good at mimicking humans and we’ve already seen this technology in action, when an audio deepfake urged voters to skip the New Hampshire Democratic primary.

“We know that AI technologies will make it cheap and easy to flood our networks with deepfakes used to mislead and betray trust. It is especially chilling to see AI voice cloning used to impersonate candidates during elections. As AI tools become more accessible to bad actors and scammers, we need to do everything we can to keep this junk off our networks,” wrote Rosenworcel.

It’s worth noting that all AI robocalls were banned back in February, political or not, but the big telecom companies have yet to announce any enforcement plans. The mandate, however, does give State Attorneys General the ability to prosecute those involved in the robocalls.

Rosenworcel has also been trying to force political campaigns to disclose whether or not they used AI in TV or radio ads, as reported by US News & World Report. The proposed plan, however, has faced opposition from the Republican chair of the Federal Election Commission. Chairman Sean Cooksey wrote in a letter to Rosenworcel that the plan would overwrite the authority of the FEC to enforce federal campaign law, prompting a legal challenge.

This article originally appeared on Engadget at https://www.engadget.com/fcc-chair-asks-telecoms-companies-to-prove-theyre-actually-trying-to-stop-political-ai-robocalls-184227549.html?src=rss

Supreme Court ruling may allow officials to coordinate with social platforms again

The US Supreme Court has ruled on controversial attempt by two states, Missouri and Louisiana, to limit Biden Administration officials and other government agencies from engaging with workers at social media companies about misinformation, election interference and other policies. Rather than set new guidelines on acceptable communication between these parties, the Court held that the plaintiffs lacked standing to bring the issue at all. 

In Murthy, the states (as well as five individual social media users) alleged that, in the midst of the COVID pandemic and the 2020 election, officials at the CDC, FBI and other government agencies "pressured" Meta, Twitter and Google "to censor their speech in violation of the First Amendment."

The Court wrote, in an opinion authored by Justice Barrett, that "the plaintiffs must show a substantial risk that, in the near future, at least one platform will restrict the speech of at least one plaintiff in response to the actions of at least one Government defendant. Here, at the preliminary injunction stage, they must show that they are likely to succeed in carrying that burden." She went on to describe this as "a tall order." 

Though a Louisiana District Court order blocking contact between social media companies and Biden Administration officials has been on hold, the case has still had a significant impact on relationships between these parties. Last year, Meta revealed that its security researchers were no longer receiving their usual briefings from the FBI or CISA (Cybersecurity and Infrastructure Security Agency) regarding foreign election interference. FBI officials had also warned that there were instances in which they discovered election interference attempts but didn’t warn social media companies due to additional layers of legal scrutiny implemented following the lawsuit. With today's ruling it seems possible such contact might now be allowed to continue. 

In part, it seems the Court was reluctant to rule on the case because of the potential for far-reaching First Amendment implications. Among the arguments made by the Plaintiffs was an assertion of a "right to listen" theory, that social media users have a Constitutional right to engage with content. "This theory is startlingly broad," Barrett wrote, "as it would grant all social-media users the right to sue over someone else’s censorship." The opinion was joined by Justices Roberts, Sotomayor, Kagan, Kavanaugh and Jackson. Justice Alito dissented, and was joined by Justices Thomas and Gorsuch. 

The case was one of a handful involving free speech and social media to come before the Supreme Court this term. The court is also set to rule on two linked cases involving state laws from Texas and Florida that could upend the way social media companies handle content moderation.

This article originally appeared on Engadget at https://www.engadget.com/supreme-court-ruling-may-allow-officials-to-coordinate-with-social-platforms-again-144045052.html?src=rss

Julian Assange has been released from prison in a plea deal with the US

WikiLeaks founder Julian Assange has been released from prison and has agreed to plead guilty to violating the Espionage Act. The WikiLeaks account on X, formerly Twitter, has announced his release after being granted bail by the High Court in London. It also tweeted a video that appears to show Assange boarding a plane at Stansted Airport. The WikiLeaks founder and former editor-in-chief is expected to appear in a courtroom in the US Northern Mariana Islands on June 26 in order to finalize his plea deal with the US government. 

According to a letter from the US Department of Justice obtained by The Washington Post, Assange is specifically pleading guilty to "conspiring to unlawfully obtain and disseminate classified information relating to the national defense of the United States." He will also be returning to Australia, his country of citizenship, right after the proceedings. CBS News reports that Justice Department prosecutors recommended a sentence of 62 months, and seeing as Assange already spent more than five years in a UK prison, he won't be spending any time behind bars in the US. 

Assange was the editor-in-chief of WikiLeaks when the website published US classified information, obtained by whistleblower and former Army intelligence officer Chelsea Manning, about the wars in Afghanistan and Iraq. In 2010, Sweden issued an arrest warrant for Assange over allegations of sexual assault by two women. Swedish authorities dropped their investigation into the rape allegations in 2017. 

Assange sought asylum at the Ecuadorian Embassy in London after losing his appeal against the warrant, and he lived there for seven years until he was evicted. Lenín Moreno, the president of Ecuador at the time, explained that his asylum was "unsustainable and no longer viable" because he displayed "discourteous and aggressive behavior." London's Metropolitan Police Service removed Assange from the embassy and arrested him on behalf of the US under an extradition warrant.

In WikiLeaks' announcement of his release, it said Assange left Belmarsh maximum security prison "after having spent 1,901 days there." The organization said that the "global campaign" by "press freedom campaigners, legislators and leaders from across the political spectrum" enabled "a long period of negotiations with the US Department of Justice" that led to the plea deal. 

This article originally appeared on Engadget at https://www.engadget.com/julian-assange-has-been-released-from-prison-in-a-plea-deal-with-the-us-044226610.html?src=rss

The US will ban sales of Kaspersky antivirus software next month

The Biden administration has taken a sweeping action to ban Kaspersky Labs from selling its antivirus products to US customers. The Russian software company will not be able to sell to new customers starting in July and cannot provide service to current customers after September.

Ahead of the official news, a source told Reuters that the company's connections to the Russian government made it a security risk with the potential to install malware, collect privileged information, or withhold software updates on American computers. US Secretary of Commerce Gina Raimondo announced the ban at a briefing today.

"You have done nothing wrong, and you are not subject to any criminal or civil penalties," she said to current Kaspersky customers. "However, I would encourage you, in as strong as possible terms, to immediately stop using that software and switch to an alternative in order to protect yourself and your data and your family."

The Russian company has been the topic of cybersecurity questions many times over the years. The Federal Communications Commission put Kaspersky on its list of companies posing unacceptable security risks in 2022. In 2017, Kaspersky products were banned from use in US federal agencies, and the business also drew scrutiny from the UK's cybersecurity leadership.

This level of presidential order to block or limit access to tech and software from countries deemed foreign adversaries dates from the Trump administration. In 2020, he made an effort to ban TikTok and WeChat on the grounds that the Chinese-owned apps could be a security risk. That action was overturned in 2021, but it sparked a review of the apps that has culminated in legislation Biden signed in April that could force TikTok to find a new owner to continue operating in the States.

This article originally appeared on Engadget at https://www.engadget.com/the-us-will-ban-sales-of-kaspersky-antivirus-software-next-month-205106837.html?src=rss

The US will ban sales of Kaspersky antivirus software next month

The Biden administration has taken a sweeping action to ban Kaspersky Labs from selling its antivirus products to US customers. The Russian software company will not be able to sell to new customers starting in July and cannot provide service to current customers after September.

Ahead of the official news, a source told Reuters that the company's connections to the Russian government made it a security risk with the potential to install malware, collect privileged information, or withhold software updates on American computers. US Secretary of Commerce Gina Raimondo announced the ban at a briefing today.

"You have done nothing wrong, and you are not subject to any criminal or civil penalties," she said to current Kaspersky customers. "However, I would encourage you, in as strong as possible terms, to immediately stop using that software and switch to an alternative in order to protect yourself and your data and your family."

The Russian company has been the topic of cybersecurity questions many times over the years. The Federal Communications Commission put Kaspersky on its list of companies posing unacceptable security risks in 2022. In 2017, Kaspersky products were banned from use in US federal agencies, and the business also drew scrutiny from the UK's cybersecurity leadership.

This level of presidential order to block or limit access to tech and software from countries deemed foreign adversaries dates from the Trump administration. In 2020, he made an effort to ban TikTok and WeChat on the grounds that the Chinese-owned apps could be a security risk. That action was overturned in 2021, but it sparked a review of the apps that has culminated in legislation Biden signed in April that could force TikTok to find a new owner to continue operating in the States.

This article originally appeared on Engadget at https://www.engadget.com/the-us-will-ban-sales-of-kaspersky-antivirus-software-next-month-205106837.html?src=rss

EU delays decision over scanning encrypted messages for CSAM

European Union officials have delayed talks over proposed legislation that could lead to messaging services having to scan photos and links to detect possible child sexual abuse material (CSAM). Were the proposal to become law, it may require the likes of WhatsApp, Messenger and Signal to scan all images that users upload — which would essentially force them to break encryption.

For the measure to pass, it would need to have the backing of at least 15 of the member states representing at least 65 percent of the bloc's entire population. However, countries including Germany, Austria, Poland, the Netherlands and the Czech Republic were expected to abstain from the vote or oppose the plan due to cybersecurity and privacy concerns, Politico reports. If EU members come to an agreement on a joint position, they'll have to hash out a final version of the law with the European Commission and European Parliament.

The legislation was first proposed in 2022 and it could result in messaging services having to scan all images and links with the aim of detecting CSAM and communications between minors and potential offenders. Under the proposal, users would be informed about the link and image scans in services' terms and conditions. If they refused, they would be blocked from sharing links and images on those platforms. However, as Politico notes, the draft proposal includes an exemption for “accounts used by the State for national security purposes."

EU Council leaders are said to have been trying for six months to break the impasse and move forward negotiations to finalize the law. Belgium's presidency of the Council is set to end on June 30, and it's unclear if the incoming leadership will continue to prioritize the proposal.

Patrick Breyer, a digital rights activist who was a member of the previous European Parliament before this month's elections, has argued that proponents of the so-called "chat control" plan aimed to take advantage of a power vacuum before the next parliament is constituted. Breyer says that the delay of the vote, prompted in part by campaigners, "should be celebrated," but warned that "surveillance extremists among the EU governments" could again attempt to advance chat control in the coming days.

Other critics and privacy advocates have slammed the proposal. Signal president Meredith Whittaker said in a statement that "mass scanning of private communications fundamentally undermines encryption," while Edward Snowden described it as a "terrifying mass surveillance measure."

Advocates, on the other hand, have suggested that breaking encryption would be acceptable in order to tackle CSAM. "The Commission proposed the method or the rule that even encrypted messaging can be broken for the sake of better protecting children," Vice President of the European Commission for Values and Transparency Věra Jourová said on Thursday, per EuroNews.

The EU is not the only entity to attempt such a move. In 2021, Apple revealed a plan to scan iCloud Photos for known CSAM. However, it scrapped that controversial effort following criticism from the likes of customers, advocacy groups and researchers.

This article originally appeared on Engadget at https://www.engadget.com/eu-delays-decision-over-scanning-encrypted-messages-for-csam-142208548.html?src=rss

The Morning After: Congress’ clean energy bill passes with major focus on nuclear

The Senate has passed a sweeping bill that includes a lot of incentives for nuclear energy. The Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act passed in a vote, 88 to 2. The earlier version of the bill also garnered bipartisan support in the House of Representatives earlier this year.

Those incentives will include financial awards for the first companies to upcycle recycled nuclear waste. The bill will change the Nuclear Regulatory Commission, streamlining the application and regulatory process for new reactors. Following the bill's passage, US Senate Committee on Environment and Public Works chairman Tom Carper said in a statement: "The ADVANCE Act will provide the Nuclear Regulatory Commission with the tools and workforce it needs to review new nuclear technologies efficiently while maintaining the NRC's critical safety mission and creating thousands of jobs."

Senators Bernie Sanders and Ed Markey were the two opposing votes, with the latter arguing that the ADVANCE Act turns the NRC into a facilitator rather than a regulator. "This bill puts promotion over protection, and corporate profits over community clean-up," Markey stated.

Environmental groups have reacted strongly both for and against the bill. Dr. Edwin Lyman, director of nuclear power safety at the Union of Concerned Scientists (UCS) said in a statement: “Make no mistake: This is not about making the reactor licensing process more efficient, but about weakening safety and security oversight across the board, a longstanding industry goal.”

— Mat Smith

Pornhub to leave five more states over age-verification laws

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This article originally appeared on Engadget at https://www.engadget.com/the-morning-after-congress-clean-energy-bill-passes-with-major-focus-on-nuclear-111554248.html?src=rss

Pornhub to leave five more states over age-verification laws

Pornhub will cease operating in five more states this summer due to new legislation that requires age verification on adult entertainment websites. The move is in response to a wave of recently-passed laws that require porn websites and other platforms with explicit adults-only content to collect proof of their users' ages. In all of these states, that means people would need to upload a copy of their driver's license or other government ID, or register with a third-party age verification service, in order to use sites like Pornhub.

A blog post from Pornhub said that its latest locations for shutdowns are Idaho, Indiana, Kansas, Kentucky and Nebraska. The site said it would end operations in those states in July 2024. The website closed in Texas last week, and has also blocked access to its site in Arkansas, Mississippi, Montana, North Carolina, Utah, and Virginia in response to similar state legislation.

Lawmakers from these states who supported age-verification laws said the rules would keep children from viewing explicit content. For example, the Kentucky bill framed pornography as a “public health crisis” with a “corroding influence” on children.

Pornhub parent company Aylo has countered that the approach taken by these laws puts users' privacy at risk and may not actually prevent minors from seeing explicit content. After Louisiana enacted a similar law last year and Aylo remained in operation with a government-supported age verification service, Pornhub traffic in the state dropped 80 percent.

"These people did not stop looking for porn," Aylo told the Indiana Capital Chronicle. "They just migrated to darker corners of the internet that don’t ask users to verify age, that don’t follow the law, that don’t take user safety seriously, and that often don’t even moderate content." The company advocates a device-based age verification solution rather than state legislation to keep minors off of adults-only sites.

The Electronic Frontier Foundation also raised privacy concerns around these bills, noting that no age-verification method is completely foolproof. "No one should have to hand over their driver’s license just to access free websites. That’s why EFF opposes mandated age verification laws, no matter how well intentioned they may be," the organization said in a 2023 statement.

This article originally appeared on Engadget at https://www.engadget.com/pornhub-to-leave-five-more-states-over-age-verification-laws-194906657.html?src=rss

Congress passes sweeping pro-nuclear energy bill

The United States has taken a significant step towards becoming a nuclear reactor hub. On Tuesday, June 18, the Senate passed the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act in an 88 to 2 vote. A version also garnered bipartisan support in the House of Representatives, passing 365 to 33 earlier this year, leaving the path clear for the bill to reach President Biden's desk. 

The past decade has seen over a dozen reactor closures and only two new ones open — a pair that launched last month in Georgia to the tune of over $30 billion in expenses. The ADVANCE Act aims to expand the nation's nuclear energy industry by creating incentives and reducing the time and cost of building nuclear reactors. These attempts include financial awards for the first companies to reach certain goals, such as implementing upcycling of recycled nuclear waste. 

Much of the ADVANCE Act centers on the Nuclear Regulatory Commission (NRC), an independent government agency that monitors nuclear use, including commercial nuclear power plants. The bill shifts the NRC's role, requiring it to create a new mission statement that states "licensing and regulation of the civilian use of radioactive materials and nuclear energy be conducted in a manner that is efficient and does not unnecessarily limit the benefits of civilian use of radioactive materials and nuclear energy technology to society." It further instructs the NRC to accelerate its licensing review process and hiring of staff, along with improving "its process for approving the export of American technology to international markets."

In a statement following the bill's passage, US Senate Committee on Environment and Public Works chairman Tom Carper stated, "The ADVANCE Act will provide the Nuclear Regulatory Commission with the tools and workforce it needs to review new nuclear technologies efficiently, while maintaining the NRC's critical safety mission and creating thousands of jobs."

However, not everyone is in favor of the bill, with critics warning it comprises safety. Senators Bernie Sanders and Ed Markey were the two opposing votes, with the latter arguing that the ADVANCE Act turns the NRC into a facilitator rather than a regulator. "This bill puts promotion over protection, and corporate profits over community clean-up," Markey stated. "The ADVANCE Act, as attached to the Fire Grants and Safety Act, includes language that would require the Nuclear Regulatory Commission to rewrite its mission to state that its regulation and oversight should 'not unnecessarily limit' civilian nuclear activity, regardless of whether it is beneficial or detrimental to public safety and national security. The NRC shouldn't be the Nuclear Retail Commission."

This article originally appeared on Engadget at https://www.engadget.com/congress-passes-sweeping-pro-nuclear-energy-bill-140035295.html?src=rss