While the Court Fights Over AI and Copyright Continue, Congress and States Focus On Digital Replicas: 2024 in Review

EFF update
3 months 1 week ago

The phrase “move fast and break things” carries pretty negative connotations in these days of (Big) techlash. So it’s surprising that state and federal policymakers are doing just that with the latest big issue in tech and the public consciousness: generative AI, or more specifically its uses to generate deepfakes.

Creators of all kinds are expressing a lot of anxiety around the use of generative artificial intelligence, some of it justified. The anxiety, combined with some people’s understandable sense of frustration that their works were used to develop a technology that they fear could displace them, has led to multiple lawsuits.

But while the courts sort it out, legislators are responding to heavy pressure to do something. And it seems their highest priority is to give new or expanded rights to protect celebrity personas–living or dead–and the many people and corporations that profit from them.

The broadest “fix” would be a federal law, and we’ve seen several proposals this year. The two most prominent are NO AI FRAUD (in the House of Representatives) and NO FAKES (in the Senate).  The first, introduced in January 2024, the Act purports to target abuse of generative AI to misappropriate a person’s image or voice, but the right it creates applies to an incredibly broad amount of digital content: any “likeness” and/or “voice replica” that is created or altered using digital technology, software, an algorithm, etc. There’s not much that wouldn’t fall into that category—from pictures of your kid, to recordings of political events, to docudramas, parodies, political cartoons, and more. It also characterizes the new right as a form of federal intellectual property. This linguistic flourish has the practical effect of putting intermediaries that host AI-generated content squarely in the litigation crosshairs because Section 230 immunity does not apply to federal IP claims. NO FAKES, introduced in April, is not significantly different.

There’s a host of problems with these bills, and you can read more about them here and here. 

A core problem is that these bills are modeled on the broadest state laws recognizing a right of publicity. A limited version of this right makes sense—you should be able to prevent a company from running an advertisement that falsely claims that you endorse its products—but the right of publicity has expanded well beyond its original boundaries, to potentially cover just about any speech that “evokes” a person’s identity, such as a phrase associated with a celebrity (like “Here’s Johnny,”) or even a cartoonish robot dressed like a celebrity. It’s become a money-making machine that can be used to shut down all kinds of activities and expressive speech. Public figures have brought cases targeting songs, magazine features, and even computer games. 

And states are taking swift action to further expand publicity rights. Take this year’s digital replica law in Tennessee, called the ELVIS Act because of course it is. Tennessee already gave celebrities (and their heirs) a property right in their name, photograph, or likeness. The new law extends that right to voices, expands the risk of liability to include anyone who distributes a likeness without permission and limits some speech-protective exceptions.  

Across the country, California couldn’t let Tennessee win the race for most restrictive/protective rules for famous people (and their heirs). So it passed AB 1836, creating liability for anyo ne person who uses a deceased personality’s name, voice, signature, photograph, or likeness, in any manner, without consent. There are a number of exceptions, which is better than nothing, but those exceptions are pretty confusing for people who don’t have lawyers to help sort them out.

These state laws are a done deal, so we’ll just have to see how they play out. At the federal level, however, we still have a chance to steer policymakers in the right direction. 

We get it–everyone should be able to prevent unfair and deceptive commercial exploitation of their personas. But expanded property rights are not the way to do it. If Congress really wants to protect performers and ordinary people from deceptive or exploitative uses of their images and voice, it should take a precise, careful and practical approach that avoids potential collateral damage to free expression, competition, and innovation. 

This article is part of our Year in Review series. Read other articles about the fight for digital rights in 2024.

Corynne McSherry

Electronic Frontier Alliance Fought and Taught Locally: 2024 in Review

EFF update
3 months 1 week ago

The EFF-chaired Electronic Frontier Alliance (EFA) has had a big year! EFA is a loose network of local groups fighting for digital rights in the United States. With an ever-increasing roster of allies across the country, including significant growth on university campuses, EFA has also undergone a bit of a facelift. With the new branding comes more resources to support local organizing and popular education efforts around the country. 

If you’re a member of a local or state group in the United States that believes in digital rights, please learn more at our FAQ page. EFA groups include hackers, advocates, security educators, tech professionals, activists young and old, and beyond. If you think it would make a good fit, please fill out an application here. The Alliance has scores of members, which all did great work this year. This review highlights just a few.

A new look for EFA 

This past July, the organizing team completed the much needed EFA rebrand project with a brand new website. Thanks to the work of EFF’s Engineering and Design team, organizers now have up-to-date merch, pamphlets, and useful organizer toolkits for alliance members with a range of levels of organizing experience. Whether your group wants to lead advocacy letters to groups needing basic press strategies or organizing on college campuses we have resources to help. We also updated our allies directory to better showcase our local members, and make it easier for activists to find groups and get involved. We also put together a bluesky starter kit to make it easy to follow members into the new platform. This is a major milestone in our effort to build useful resources for the network, which we will continue to maintain and expand in the years ahead. 

More local groups heeded the call:

The alliance continued to grow, especially on college campuses, creating opportunities for some fun cross-campus collaborations in the year ahead. This year, nine local groups across eight states joined up: 

  • Stop Surveillance City, Seattle, WA: Stop Surveillance City is fighting against mass surveillance, criminalization and incarceration, and further divestment from people-centered policies. They advocate for investment in their communities and want to increase programs that address the root causes of violence. 
  • Cyber Security Club @FSU, Tallahassee, FL: The Cyber Security Club is a student group sharing resources to get students started in cybersecurity and competing in digital Capture the Flag (CTF) competitions. 
  • UF Student Infosec Team (UFSIT), Gainesville, FL: UFSIT is the cybersecurity club at the University of Florida. They are student-led and passionate about all things cybersecurity, and their goal is to provide a welcoming environment for students to learn more about all areas of information security, including penetration testing, reverse engineering, vulnerability research, digital forensics, and more. 
  • NICC, Newark, NJ: NICC is the New Jersey Institute of Technology’s official information & cybersecurity club. As a student-run organization, NICC started as a way to give NJIT students interested in cybersecurity, ethical hacking, and CTFs a group that would help them learn, grow, and hone their skills. 
  • DC919, Raleigh, NC: DEF CON Group 919 is a community group in the Raleigh/Durham area of North Carolina, providing a gathering place for hacking discussions, conference support, and workshop testing. 
  • Community Broadband PDX, Portland, OR: Their mission is to guide Portlanders to create a new option for fast internet access: publicly-owned and transparently operated, affordable, secure, fast, and reliable broadband infrastructure that is always available to every neighborhood and community. 
  • DC215, Philadelphia, PA: DC215 is another DEF CON group advancing knowledge and education with those interested in science, technology, and other areas of information security through project collaborations, group gatherings, and group activities to serve their city. 
  • Open Austin, Austin, TX: Open Austin's mission is to end disparities in Austin in access to technology. It envisions a city that respects and serves all people, by facilitating issues-based conversations between government and city residents, providing service to local community groups that leverage local expertise, and advocating for policy that utilizes technology to improve the community. 
  • Encode Justice Georgia: Encode Justice GA is the third Encode Justice to join EFA, mostly made up of high school students learning the tools of organizing by focusing on issues like algorithmic machine-learning and law enforcement surveillance. 
Alliance members are organizing for your rights: 

This year, we talked to the North Carolina chapter of Encode Justice, a network that includes over 1,000 high school and college students across over 40 U.S. states and 30 countries. A youth-led movement for safe, equitable AI, their mission is mobilizing communities for AI policies that are aligned with human values. The NC chapter is has led educational workshops, policy memos, and legislative campaigns on both the state and& city council level, while lobbying officials and building coalitions with other North Carolinians.

Local groups continued to take on fights to defend constitutional protections against police surveillance overreach around the country. We caught up with our friends at the Surveillance Technology Oversight Project (S.T.O.P.) in New York, which litigates and advocates for privacy, working to push back against local government mass surveillance. STOP worked to pass the Public Oversight of Surveillance Technology Act in the New York City Council and used the law to uncover previously unknown NYPD surveillance contracts. This year they made significant strides in their campaign to ‘Ban the Scan’ (face recognition) in both the state assembly and the city council.

Another heavy hitter in the alliance, Lucy Parsons Labs , took the private-sector Atlanta Police Foundation to court to seek transparency over its functions on behalf of law enforcement agencies, arguing that those functions should be open to the same public records requests as the government agencies they are being used for. 

Defending constitutional rights against encroachments by police agencies is an uphill battle, and our allies in San Diego’s TRUST Coalition were among those fighting to protect Community Control Over Police Surveillance requirements previously passed by their city council.

We checked-in with CCTV Cambridge on their efforts to address digital equity with their Digital Navigator program, as well as highlighting them for Digital Inclusion Week 2024. CCTV Cambridge does work across all demographics in their city. For example, they implemented a Youth Media Program where teens get paid while developing skills to become professional digital media artists. They also have a Foundational Technology program for the elderly and others who struggle with increasing demands of technology in their lives. 

This has been a productive year organizing for digital rights in the Pacific Northwest. We were able to catch up with several allies in Portland, Oregon, at the PDX People’s Digital Safety Fair on the campaign to bring high-speed broadband to their city, which is led by Community Broadband PDX and the Personal TelCo Project. With six active EFA members in Portland and three in neighboring Washington state, we awere excited to watch the growing momentum for digital rights in the region.  

Citizens Privacy Coalition crowdfunded a documentary on the impacts of surveillance in the Bay Area, called "Watch the Watchers." The film features EFF's Eva Galperin and addresses how to combat surveillance across policy, technological guardrails, and individual action. 

Allies brought knowledge to their neighbors: 

The Electronic Frontiers track at the sci-fi, fantasy, and comic book-oriented Dragon*Con in Atlanta celebrated its 25th anniversary, produced in coordination with EFA member Electronic Frontiers Georgia. The digital rights component to Dragon*Con had its largest number of panels yet on a wide variety of digital rights issues, from vehicle surveillance to clampdowns against first amendment-protected activities. Members of EF-Georgia, EFF, and allied organizations presented on a variety of topics, including:  

More of this year’s Dragon*Con panels can be found at EF-Georgia’s special Dragon*Con playlist. 

EFF-Austin led the alliance in recorded in-person events, with monthly expert talks in Texas and meet-ups for people in their city interested in privacy, security, and skills in tech. They worked with new EFA member Open Austin to talk about how Austinites can get involved through civic-minded technology efforts. Other discussions included: 

Forging ahead into 2025: 

In complicated times, the EFA team is committed to building bridges for local groups and activists, because we build power when we work together, whether to fight for our digital rights, or to educate our neighbors on the issues and the technologies they face. In the coming year, a lot of EFA members will be focused on defending communities that are under attack, spreading awareness about the role data and digital communications play in broader struggles, and cultivating skills and knowledge among their neighbors.

To learn more about how the EFA works, please check out our FAQ page, and apply to join us. 

Past EFA members profiles: 

This article is part of our Year in Review series. Read other articles about the fight for digital rights in 2024.

José Martinez

The Growing Intersection of Reproductive Rights and Digital Rights: 2024 in Review

EFF update
3 months 1 week ago

Dear reader of our blog, surely by now you know the format: as we approach the end of the year, we look back on our work, count our wins, learn from our misses, and lay the groundwork strategies for a better future. It's been an intense year in the fight for reproductive rights and its intersections with digital civil liberties. Going after cops illegally sharing location data, fighting the data broker industry, and building coalitions with the broader movement for reproductive justice—we've stayed busy.

The Fight Against Warrantless Access to Real-Time Location Tracking

The location data market is an unregulated nightmare industry that poses an existential threat to everyone's privacy, but especially those embroiled in the fight for reproductive rights. In a recent blog post, we wrote about the particular dangers posed by LocateX, a deeply troubling location tracking tool that allows users to see the precise whereabouts of individuals based on the locations of their smartphone devices. cops shouldn't be able to buy their way around having to get a warrant for real-time location tracking of anyone they please, regardless of the context. In regressive states that ban abortion, however, the problems with LocateX illustrate just how severe the issue can be for such a large population of people.

Building Coalition Within Digital Civil Liberties and Reproductive Justice

Part of our work in this movement is recognizing our lane: providing digital security tips, promoting the rights to privacy and free expression, and making connections with community leaders to support and elevate their work. This year we hosted a livestream panel featuring various next-level thinkers and reproductive justice movement leaders. Make sure to watch it if you missed it! Recognizing and highlighting our shared struggles, interests, and avenues for liberation is exactly how movements are fought for and won.

The Struggle to Stop Cops from Illegally Sharing ALPR data

It's been a multi-year battle to stop law enforcement agencies from illegally sharing out-of-state ALPR (automatic license plate reader) data. Thankfully this year we were able to celebrate a win: a grand jury in Sacramento made the motion to investigate two police agencies who have been illegally sharing this type of data. We're glad to declare victory, but those two agencies are far from the only problem. We hope this sets a precedent that cops aren't above the law and will continue to fight for just that. This win will help us build momentum to continue this fight into the coming year.

Sharing What We Know About Digital Surveillance Risks

We'll be the first to tell you that expertise in digital surveillance threats always begins with We've learned a lot in the few years we've been researching the privacy and security risks facing this issue space, much of it gathered from conversation and trainings with on-the-ground movement workers. We gathered what we've learned from that work and distilled it into an accessible format for anyone that needs it. Behind the scenes, this research continues to inform the hands-on digital security trainings we provide to activists and movement workers.

As we proceed into an uncertain future where abortion access will continue to be a difficult struggle, we'll continue to do what we do best: standing vigilant for peoples' right to privacy, fighting bad Internet laws, protecting free speech online, and building coalition with others. Thank you for your support.

This article is part of our Year in Review series. Read other articles about the fight for digital rights in 2024.

Daly Barnett

【月刊マスコミ評･出版】偽情報とディープフェイク、国民生活の困窮＝荒屋敷 宏

日本ジャーナリストクラブ（JCJ）
3 months 1 week ago
　文春ムック『文藝春秋オピニオン　2025年の論点100』は、アメリカ大統領選挙の結果が出る前に印刷したため、トランプ氏かハリス氏か、誰が当選してもいいように編集されている。　『世界』１月号（岩波書店）の特集「そしてアメリカは去った」で、酒井啓子、三牧聖子、川島真の３氏による座談会「戦争を止められるか―『国際秩序』の果てから」は、現在の国際情勢を手際よく整理している。戦争を止めることは、ジャーナリズムにとっても、最大の目標であろう。　「現在、世界的に政権与党に逆風が吹いており..
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