@jtlg@mastodon.lawprofs.org
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jtlg

@jtlg@mastodon.lawprofs.org

I’m a law professor at Cornell Law School and Cornell Tech.

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jtlg, to random
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Really interesting piece from @timlee on driverless car safety records. He dug into the Waymo and Cruise crash reports. He found a lot of low-speech collisions, of which a substantial majority were caused by the other (human) driver. Lots of good observations about what they seem to be getting right and wrong.

https://www.understandingai.org/p/driverless-cars-may-already-be-safer

design_law, to random
@design_law@mastodon.social avatar

Okay, so here's the #LKQvGM roundup:

  • There are six amicus briefs in support of LKQ

  • And four in support of neither party, including one filed by the U.S. Government (including the views of the USPTO)

https://fedcircuitblog.com/en-banc/cases/lkq-corporation-v-gm-global-technology-operations-llc/

#DesignPatents #PatentFedi

jtlg,
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@design_law Can't wait to hear your thoughts on the briefs' arguments.

luis_in_brief, to random
@luis_in_brief@social.coop avatar

Doing some research, so using sci-hub. How do academic authors agree to let themselves be locked up behind a paywall? I almost feel like I should not cite them to punish them for the short-sightedness of the choice.

jtlg,
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@luis_in_brief The part I don’r understand is that many authors who legally can post their papers don’t.

There are disciplines like CS where pre-prints are routinely allowed. There are CS authors who don't post pre-prints.

There are disciplines like law where law-review archives are notoriously flaky and authors retain copyright. And there are law authors who don't post the final PDF.

There are other disiplines where journals allow self-archiving. And there are authors who don't self-archive.

jtlg, to random
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"In my opinion, the most interesting creative use of large language models is to generate text that's nothing like a human would have written. If your AI is just going to lift human creative output virtually verbatim, you're not only shortchanging the humans you could have hired to write similar things, but also plagiarizing the original humans from the training data.”

Janelle Shane, https://www.aiweirdness.com/baby-onesie-designs/

jtlg, to random
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“I suppose every American, as a free individual, is entitled to live in his or own private world of psychotic delusions. And what is freedom of association but the freedom to associate with other lunatics of a similar persuasion? People say our nation is in decline, but it seems to me like we are coming ever closer to making this part of the American dream come true.” -John Ganz, “Everyone in America is Totally Insane”

https://open.substack.com/pub/johnganz/p/everyone-in-america-is-totally-insane

jtlg, to random
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The 13th edition of Internet Law: Cases and Problems is now available!

The new edition includes materials on Taamneh v. Twitter, Gonzalez v. Google, Zarya of the Dawn, the ChatGPT lawyer case, COPPA, the California AADC, the NetChoice cases, the EU DSA and DMA, Epic v. Apple, 303 Creative v. Elenis, Counterman v. Colorado, an online primary documents appendix, the Utah age verification law, and over twenty new or revised questions. It’s been a big year for Internet law.

https://internetcasebook.com

kjhealy, to random
@kjhealy@mastodon.social avatar

It's always the same story with this sort of thing. This one also has a strong added stench of “Mom and Dad will turn a blind eye to anything as long as it looks like being coached by this guy will get Emma into Princeton.”

https://www.washingtonpost.com/sports/olympics/2023/07/13/conal-groom-rowing-coach-allegations/

jtlg,
@jtlg@mastodon.lawprofs.org avatar

@kjhealy of course he’s named Groom, the writers are on strike

semioticstandard, to privacy

https://daringfireball.net/linked/2020/04/04/facebook-nso-group

WHAT THE FUCK

Yeah, sooo maybe think even harder on whether or not you want to use (or ANY product)

jtlg,
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@SteveBellovin @semioticstandard @cstross I don't think so. The declaration says that Onavo monitored “the applications installed on those users’ mobile devices and the amount of time the users spent on each application.” None of that is "contents” for Wiretap Act purposes.

jtlg, to random
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What would you like to see in a primary-documents appendix to my Internet Law casebook? So far, I have a search warrant with application, a 2703(d) order with application, and a subpoena seeking identifying information for a user. What else?

jtlg, to random
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I’m very pleased to be joining the Board of Directors at @creativecommons. I've been an enthusiastic supporter of Creative Commons's work for years, and I use CC licenses on almost all of my scholarship. This is especially meaningful for me because I interned at CC in the summer of 2004, when it was still just an office in the Stanford Law basement.

jtlg, to random
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I have a new Jotwell review of Sam Bowman's rich and informative "Eight Things to Know About Large Language Models”

My review: https://cyber.jotwell.com/words-of-wisdom/
Bowman's paper: https://arxiv.org/abs/2304.00612

jtlg, to random
@jtlg@mastodon.lawprofs.org avatar

For the last week, I have been telling anyone who will listen that Reddit’s moderators are a middle class, somewhere in between between the platform’s royalty and the great mass of common users.

Today, Steve Huffman called them “landed gentry” and announced plans to allow users to vote out moderators.

Maybe this will work the way he expects. But if the users side with the moderators, this is going to turn into 1642 very quickly.

jtlg, to random
@jtlg@mastodon.lawprofs.org avatar

QUESTION 2 (25 points, 500 words)

Identify the drafting failures in the following excerpt from a proposed bill denying Section 230 immunity for generative AI:

“The term ‘generative artificial intelligence’ means an artificial intelligence system that is capable of generating novel text, video, images, audio, and other media based on prompts or other forms of data provided by a person.”

jtlg,
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@blakereid Keep looking. You'll find them.

jtlg,
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@blakereid No, seriously, keep looking. The performative aspect aside, the language of this definition is fundamentally broken.

jtlg,
@jtlg@mastodon.lawprofs.org avatar

@blakereid "and" is objectively wrong. There is no universe in which “and" is the correct drafting choice. The only way this definition covers its intended targets is if a court fixes the mistake for them.

"capable of" is also wrong. It means that any system that can ever generate a "novel" output loses Section 230 protection across the board. Same deal, textually.

So the text as written fails to capture any generative AI systems but does capture lots of systems that aren't generative AI.

jtlg,
@jtlg@mastodon.lawprofs.org avatar

@blakereid The system has to be an AI system but it only has to be capable of novel generation. You know what else is an AI system? Every interesting search engine, most algorithmic content moderation, etc. So there's an unsettlingly plausible argument that the existence of Sydney means no Section 230 for Bing.

jtlg,
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@blakereid And I agree with your points about the political, rather than legal role, that this draft plays.

jtlg, to random
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The ChatGPT lawyer story is a blistering indictment of access to legal information in the United States. It would never have happened if there were a well-known official, comprehensive, trustworthy, and free source for caselaw.

jtlg, to random
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I would just like to point out that if you so overload an online service with high-volume requests that it becomes unable to fulfill requests from anyone at all, that is actionable as trespass to chattels, even under the Hamidi test.

cfiesler, to random
@cfiesler@hci.social avatar

I'm actually kind of surprised that Open AI wrote this down. Like, straight up stating that though it's so so important that we regulate hypothetical technology that might harm people in the future, we should definitely not regulate the technology that exists today and is harming people in ways we can actually see... is quite a bold strategy. https://openai.com/blog/governance-of-superintelligence

jtlg,
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@cfiesler I don’t think that’s what they’re saying.

jtlg,
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@ftranschel @cfiesler I read it to say that they want licensing and audits for future high-capability models, but not that type of regulation for current models.

jtlg, to random
@jtlg@mastodon.lawprofs.org avatar

You know how sometimes you have INCREDIBLE news but you have to sit on it for a while? Well, now it can be told.

@FrankPasquale is joining the Cornell Law faculty at Cornell Tech!

https://www.lawschool.cornell.edu/news/frank-pasquale-joins-law-school-faculty-in-new-york-city/

design_law, to random
@design_law@mastodon.social avatar

From from the USPTO on the #PatentBar:

"[T]he USPTO published an FRN implementing the suggested changes. These changes include: (1) requiring the USPTO to review certain applicant degrees in Category B every three years to determine whether they should be moved to Category A, (2) making ...all Bachelor of Science in computer science degrees from an accredited university or college will be accepted under Category A..."

https://content.govdelivery.com/accounts/USPTO/bulletins/35a2fd1

#PatentFedi #ComputerScience

jtlg,
@jtlg@mastodon.lawprofs.org avatar

@luis_in_brief @design_law same

mathowie, to random
@mathowie@xoxo.zone avatar

Loaded twitter for the first time in a week to read the timeline and it reminded me of being stuck in an airport with CNN and Fox News blaring on TVs you can’t turn off, while asking myself if this wall of noise is really what people endure all day long?

jtlg,
@jtlg@mastodon.lawprofs.org avatar

@mathowie as with cable news, it is terrifying to realize that this is actually what some people affirmatively want from their media

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