EFF to NSF: AI Action Plan Must Put People First
This past January the new administration issued an executive order on Artificial Intelligence (AI), taking the place of the now rescinded Biden-era order, calling for a new AI Action Plan tasked with “unburdening” the current AI industry to stoke innovation and remove “engineered social agendas” from the industry. This new action plan for the president is currently being developed and open to public comments to the National Science Foundation (NSF).
EFF answered with a few clear points: First, government procurement of decision-making (ADM) technologies must be done with transparency and public accountability—no secret and untested algorithms should decide who keeps their job or who is denied safe haven in the United States. Second, Generative AI policy rules must be narrowly focused and proportionate to actual harms, with an eye on protecting other public interests. And finally, we shouldn't entrench the biggest companies and gatekeepers with AI licensing schemes.
Government Automated Decision MakingUS procurement of AI has moved with remarkable speed and an alarming lack of transparency. By wasting money on systems with no proven track record, this procurement not only entrenches the largest AI companies, but risks infringing the civil liberties of all people subject to these automated decisions.
These harms aren’t theoretical, we have already seen a move to adopt experimental AI tools in policing and national security, including immigration enforcement. Recent reports also indicate the Department of Government Efficiency (DOGE) intends to apply AI to evaluate federal workers, and use the results to make decisions about their continued employment.
Automating important decisions about people is reckless and dangerous. At best these new AI tools are ineffective nonsense machines which require more labor to correct inaccuracies, but at worst result in irrational and discriminatory outcomes obscured by the blackbox nature of the technology.
Instead, the adoption of such tools must be done with a robust public notice-and-comment practice as required by the Administrative Procedure Act. This process helps weed out wasteful spending on AI snake oil, and identifies when the use of such AI tools are inappropriate or harmful.
Additionally, the AI action plan should favor tools developed under the principles of free and open-source software. These principles are essential for evaluating the efficacy of these models, and ensure they uphold a more fair and scientific development process. Furthermore, more open development stokes innovation and ensures public spending ultimately benefits the public—not just the most established companies.
Spurred by the general anxiety about Generative AI, lawmakers have drafted sweeping regulations based on speculation, and with little regard for the multiple public interests at stake. Though there are legitimate concerns, this reactionary approach to policy is exactly what we warned against back in 2023.
For example, bills like NO FAKES and NO AI Fraud expand copyright laws to favor corporate giants over everyone else’s expression. NO FAKES even includes a scheme for a DMCA-like notice takedown process, long bemoaned by creatives online for encouraging broader and automated online censorship. Other policymakers propose technical requirements like watermarking that are riddled with practical points of failure.
Among these dubious solutions is the growing prominence of AI licensing schemes which limit the potential of AI development to the highest bidders. This intrusion on fair use creates a paywall protecting only the biggest tech and media publishing companies—cutting out the actual creators these licenses nominally protect. It’s like helping a bullied kid by giving them more lunch money to give their bully.
This is the wrong approach. Looking for easy solutions like expanding copyright, hurts everyone. Particularly smaller artists, researchers, and businesses who cannot compete with the big gatekeepers of industry. AI has threatened the fair pay and treatment of creative labor, but sacrificing secondary use doesn’t remedy the underlying imbalance of power between labor and oligopolies.
People have a right to engage with culture and express themselves unburdened by private cartels. Policymakers should focus on narrowly crafted policies to preserve these rights, and keep rulemaking constrained to tested solutions addressing actual harms.
You can read our comments here.
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EFF Thanks Fastly for Donated Tools to Help Keep Our Website Secure
EFF’s most important platform for welcoming everyone to join us in our fight for a better digital future is our website, eff.org. We thank Fastly for their generous in-kind contribution of services helping keep EFF’s website online.
Eff.org was first registered in 1990, just three months after the organization was founded, and long before the web was an essential part of daily life. Our website and the fight for digital rights grew rapidly alongside each other. However, along with rising threats to our freedoms online, threats to our site have also grown.
It takes a village to keep eff.org online in 2025. Every day our staff work tirelessly to protect the site from everything from DDoS attacks to automated hacking attempts, and everything in between. As AI has taken off, so have crawlers and bots that scrape content to train LLMs, sometimes without respecting rate limits we’ve asked them to observe. Newly donated security add-ons from Fastly help us automate DDoS prevention and rate limiting, preventing our servers from getting overloaded when misbehaving visitors abuse our sites. Fastly also caches the content from our site around the globe, meaning that visitors from all over the world can access eff.org and our other sites quickly and easily.
EFF is member-supported by people who share our vision for a better digital future. We thank Fastly for showing their support for our mission to ensure that technology supports freedom, justice, and innovation for all people of the world with an in-kind gift of their full suite of services.
EFFecting Change: Is There Hope for Social Media?
Please join EFF for the next segment of EFFecting Change, our livestream series covering digital privacy and free speech.
EFFecting Change Livestream Series:Is There Hope for Social Media?
Thursday, March 20th
12:00 PM - 1:00 PM Pacific - Check Local Time
This event is LIVE and FREE!
Users are frustrated with legacy social media companies. Is it possible to effectively build the kinds of communities we want online while avoiding the pitfalls that have driven people away?
Join our panel featuring EFF Civil Liberties Director David Greene, EFF Director for International Freedom of Expression Jillian York, Mastodon's Felix Hlatky, Bluesky's Emily Liu, and Spill's Kenya Parham as they explore the future of free expression online and why social media might still be worth saving.
We hope you and your friends can join us live! Be sure to spread the word, and share our past livestreams. Please note that all events will be recorded for later viewing on our YouTube page.
Want to make sure you don’t miss our next livestream? Here’s a link to sign up for updates about this series: eff.org/ECUpdates.
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岩手県大船渡市の林野火災に関する被害状況等について(第24報)
EFF Joins AllOut’s Campaign Calling for Meta to Stop Hate Speech Against LGBTQ+ Community
In January, Meta made targeted changes to its hateful conduct policy that would allow dehumanizing statements to be made about certain vulnerable groups. More specifically, Meta’s hateful conduct policy now contains the following text:
People sometimes use sex- or gender-exclusive language when discussing access to spaces often limited by sex or gender, such as access to bathrooms, specific schools, specific military, law enforcement, or teaching roles, and health or support groups. Other times, they call for exclusion or use insulting language in the context of discussing political or religious topics, such as when discussing transgender rights, immigration, or homosexuality. Finally, sometimes people curse at a gender in the context of a romantic break-up. Our policies are designed to allow room for these types of speech.
The revision of this policy timed to Trump’s second election demonstrates that the company is focused on allowing more hateful speech against specific groups, with a noticeable and particular focus on enabling more speech challenging LGBTQ+ rights. For example, the revised policy removed previous prohibitions on comparing people to inanimate objects, feces, and filth based on their protected characteristics, such as sexual identity.
In response, LGBTQ+ rights organization AllOut gathered social justice groups and civil society organizations, including EFF, to demand that Meta immediately reverse the policy changes. By normalizing such speech, Meta risks increasing hate and discrimination against LGBTQ+ people on Facebook, Instagram and Threads.
The campaign is supported by the following partners: All Out, Global Project Against Hate and Extremism (GPAHE), Electronic Frontier Foundation (EFF), EDRi - European Digital Rights, Bits of Freedom, SUPERRR Lab, Danes je nov dan, Corporación Caribe Afirmativo, Fundación Polari, Asociación Red Nacional de Consejeros, Consejeras y Consejeres de Paz LGBTIQ+, La Junta Marica, Asociación por las Infancias Transgénero, Coletivo LGBTQIAPN+ Somar, Coletivo Viveração, and ADT - Associação da Diversidade Tabuleirense, Casa Marielle Franco Brasil, Articulação Brasileira de Gays - ARTGAY, Centro de Defesa dos Direitos da Criança e do Adolescente Padre, Marcos Passerini-CDMP, Agência Ambiental Pick-upau, Núcleo Ypykuéra, Kurytiba Metropole, ITTC - Instituto Terra, Trabalho e Cidadania.
Sign the AllOut petition (external link) and tell Meta: Stop hate speech against LGBT+ people!
If Meta truly values freedom of expression, we urge it to redirect its focus to empowering some of its most marginalized speakers, rather than empowering only their detractors and oppressive voices.