Franklin Graves 🚀 Profile picture
Jun 13 7 tweets 3 min read Twitter logo Read on Twitter
Want an example of how not to write AI legislation? Here's one introduced to the House...

“Disclaimer: this output has been generated by artificial intelligence.”

I have thoughts... 🧵

#ArtificialIntelligence #AI #GenerativeAI ImageImageImage
That's the Act. To be fair, it does say that the Federal Trade Commission has enforcement power over whether or not the above disclaimer is included with any synthetic media.

🛑 But, how can this be it?

It leaves many unanswered questions, such as:
❓ What is the manner in which this disclaimer must appear? As a watermark on a photo or during a sound output? Within the metadata (if so, where)? At the end of a text output?
❓ Is this an obligation on the technology developer, service provider, or end user of an AI technology? The statute says “generative artificial intelligence shall include” which leaves a fairly large, and important, gap for applying this obligation.
❓ Who's responsible for ensuring it is included and remains included as content is distributed?
It can be assumed the intent is to protect consumers since the “Act” places enforcement authority with the FTC. Then, it's fair to also assume that the FTC could enforce an Act such as this one against a range of parties involved in generative AI, including the developer, [...]
...the provider of the service/product incorporating the technology, the distributor of the content, and the end user of the technology if they also fail to keep any such disclosure when disseminating synthetic media.

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More from @franklingraves

Jun 15
Twitter is getting sued by pretty much every major music publisher for copyright infringement.

Shocking to no one, paying licensing fees for music compositions (one of two copyrights needed for music on platforms) is allegedly not a priority.

Oh, but it gets better… 🧵 ImageImageImageImage
If you have been following Elon, you’ll recall he referred to the “overzealous” DMCA as a “plague on humanity” 🙃

Naturally, that tweet would get included as a screenshot in the complaint! Image
The first claim is for direct copyright infringement.

The second claim is for contributory copyright infringement, meaning that Twitter knew about the content and continued to host it.

The third claim is for vicarious infringement, meaning Twitter knew and benefited from it.
Read 11 tweets
Jun 14
A complaint has been filed against the @SECGov alleging the agency violated the Freedom of Information Act (FOIA) by failing to release unredacted transcripts of 2019 interviews with Mark Zuckerberg in his capacity as CEO of Facebook (now Meta).

There’s more… 🧵 ImageImageImageImage
If you recall, the deposition took place in 2019 following the Cambridge Analytica scandal involving the release of data to third-party app developers.

Facebook was hit with a $100 million fine by the SEC related to misleading investors about the severity of the issue. ImageImage
The complaint alleges that since beginning requests for a full release of materials in November 2021, the SEC failed to ever comply with the FOIA request and follow-up requests.

The SEC cited personal privacy exceptions under FOIA.
Read 5 tweets
Jun 13
Using AI and sensitive information, such as voice or other biometric data?

Keep in mind: “machine learning is not a license to break the law.”

Here's what the FTC is reminding businesses 🧵

ftc.gov/business-guida…

#ArtificialIntelligence #privacy #AI #data
The Federal Trade Commission just released a new blog post that expands on the recent complaints against Amazon & Ring by providing some practical takeaways when it comes to AI tech, including natural language processing, and the collection, storage, & use of biometric data.
🔐 Be mindful of privacy when training and developing an AI tool. The FTC's enforcement authority under Section 5’s unfairness standard looks to both the benefit AND the cost to consumers for AI solutions.
Read 13 tweets
Jun 12
It's over! The Content ID lawsuit against YouTube brought by composer Maria Schneider is dismissed, with prejudice, the weekend before the start of the trial.

Here's what's happened... 🧵

#ContentID #copyright #YouTube #creators #CreatorEconomy ImageImageImageImage
If you recall, the lawsuit was filed in 2020 and focused on the lack of broader access to copyright management tools, such as Content ID, for independent musicians and creators.
Maria Schneider and others filed the class action against YouTube and Google in an attempt to claim the current system supports piracy, while boosting profits for YouTube, and can't handle repeat infringers.
Read 9 tweets
May 18
What a day! 🔥 We have four incredible decisions released from the U.S. Supreme Court across intellectual property and internet law.

I’ll help break it down with a quick first pass at what the outcomes have been for four cases.

🧵

#SupremeCourt #SCOTUS
🔥 Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith

The Court finds in favor of Goldsmith that the use of the Prince photograph was NOT a #FairUse under #Copyright law.
It was a 7-2 decision written by Justice Sotomayor, with a dissent written by Justice Kagan and joined by Chief Justice Roberts.

Read: supremecourt.gov/opinions/22pdf…
Read 15 tweets
Apr 27
Q1 2023 filings for publicly traded #creatoreconomy companies leave me with one takeaway: ad revenues continue to decrease across numerous companies as advertiser spend is clearly slowing down.

But, that’s not all I cover in this week’s issue!

linkedin.com/pulse/ad-decli…
YouTube - 2.6% drop YoY in ad sales

Meta - 17% YoY drop in average price per ad, but they served more ads (26% more YoY)

Roku Inc. - 1% drop YoY in revenues
Both Roku and Spotify refer to the "macro" environment, with Roku explicitly pointing to industry data that shows "the total U.S. advertising market down 7.4% YoY."

It will be interesting to see how this expands into all areas of the creator economy.
Read 4 tweets

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