July 15, 2024
Privacy and the Double-Bureaucracy Redux
A year and a half ago, I ranted here against an unlikely, or perhaps rarely recognized, combination between the government and corporate sectors against the little guy. In that case, it was the government’s tax-reporting regime and entertainment industry behemoth Ticketmaster uniting in an inscrutable attack on financial privacy. It’s time for an update! Because an utterly…
July 12, 2024
Busting Tech Myths
Myths about technology are constantly in flux, from companies claiming to have made the next great thing to rumors about the latest smartphone. These myths often seep into social discourse, making it challengiung to separate fact from fiction. To sort through some of these common misunderstandings, I spoke with Robert Atkinson and David Moschella, authors of Technology Fears and…
July 11, 2024
Inputs, Outputs, and Fair Uses: Unpacking Responses to Journalists’ Copyright Lawsuits
Arguments filed in June by defendants OpenAI and Microsoftin Daily News, LP v. Microsoft Corporation clarify the direct copyright infringement battle pitting eight newspaper publishers against generative artificial intelligence companies. Additionally, OpenAI’s assertions supporting its motion to dismiss The New York Times Company’s December complaint reveal the defendants’ stance over training large language models with copyrighted journalistic content. The two lawsuits, which soon may be consolidated given similarities, are centerstage….
July 11, 2024
Data Center Electricity Use II: How Are Electrons Like Fish?
Growing data center energy use continues to make headlines. In my first post on data center electricity use, I focused on the technologies that make AI possible and on broad trends in data center investment and electricity demand forecasts out to 2028. If you subscribe to The Dispatch, they had a very good AI energy use…
July 11, 2024
The Refs Are Working Us
“Not true, Governor Romney.” President Barack Obama, widely considered to have lost his first debate against Mitt Romney thirteen days previously, was eager to defend his record. But Romney, having returned to familiar territory, was unwilling to concede the point. “In the last four years,” Romney had said, “you cut permits and licenses on federal…
July 10, 2024
The Challenges of Age-Prediction: Where Current Technology Falls Short
In an era where digital identity verification is becoming increasingly important, age-prediction software has emerged as a potential solution for age-gating and access control. However, recent evaluations by the National Institute of Standards and Technology (NIST) have shed light on the complexities and limitations of this technology. Here are my key concerns surrounding the accuracy of age…
July 9, 2024
European Commission’s Attack on Apple Illustrates the Growing Incoherence of Its Competition Policy
The European Commission (EC) seems gripped by a tech-anxiety that drives it to attack technological advancements it believes it should control. If the EC does not address this irrational stance, Europe, once a beacon of industrial and scientific innovation, risks falling into technological obscurity. The latest evidence of this issue is EC Vice-President Margrethe Vestager’s statement criticizing…
July 8, 2024
Nuisance Nonsense: Dubious Theory Underlies Lawsuits Targeting Social Media Platforms
When teaching media law, I encapsulate a “nuisance” as the “right thing in the wrong place” or at the wrong time. The topic arises when analyzing the US Supreme Court’s Federal Communications Commission v. Pacifica Foundation opinion involving a terrestrial radio station’s afternoon broadcast of George Carlin’s “Filthy Words” monologue about language “you can’t say on television.” The Court addressed…
July 8, 2024
Schrödinger’s Climate Cat
In May, I testified before the Senate Budget Committee and summarized what the Intergovernmental Panel on Climate Change (IPCC) said about trends in drought. My testimony included the figure below showing a decrease in the areal extent of extreme drought conditions in the United States. I also included another figure that showed an increase in extreme drought conditions across the United States. Completing…
July 5, 2024
Reversing Course: The Need to Renew American Antitrust
America’s system of government is founded on the protection of freedom in all aspects of life, including business. This freedom has fueled the nation’s prosperity, transforming it into a beacon of opportunity that millions worldwide aspire to join. Yet, under the Biden administration’s misguided approach to antitrust, this economic freedom is now under threat. The Biden…