Essays in the Category "Laws and Regulations"

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Let’s Not Make the Same Mistakes with AI That We Made with Social Media

Social media’s unregulated evolution over the past decade holds a lot of lessons that apply directly to AI companies and technologies.

  • Nathan E. Sanders and Bruce Schneier
  • MIT Technology Review
  • March 13, 2024

Oh, how the mighty have fallen. A decade ago, social media was celebrated for sparking democratic uprisings in the Arab world and beyond. Now front pages are splashed with stories of social platforms’ role in misinformation, business conspiracy, malfeasance, and risks to mental health. In a 2022 survey, Americans blamed social media for the coarsening of our political discourse, the spread of misinformation, and the increase in partisan polarization.

Today, tech’s darling is artificial intelligence. Like social media, it has the potential to change the world in many ways, some favorable to democracy. But at the same time, it has the potential to do incredible damage to society…

Building a Cyber Insurance Backstop Is Harder Than It Sounds

Insurers argue that a government backstop would help them cover catastrophic cyberattacks, but it’s not so simple.

  • Bruce Schneier and Josephine Wolff
  • Lawfare
  • February 26, 2024

In the first week of January, the pharmaceutical giant Merck quietly settled its years-long lawsuit over whether or not its property and casualty insurers would cover a $700 million claim filed after the devastating NotPetya cyberattack in 2017. The malware ultimately infected more than 40,000 of Merck’s computers, which significantly disrupted the company’s drug and vaccine production. After Merck filed its $700 million claim, the pharmaceutical giant’s insurers argued that they were not required to cover the malware’s damage because the cyberattack was widely attributed to the Russian government and therefore was excluded from standard property and casualty insurance coverage as a “hostile or warlike act.”…

CFPB’s Proposed Data Rules Would Improve Security, Privacy and Competition

By giving the public greater control over their banking data, the Consumer Financial Protection Bureau's proposal would deal a blow to data brokers.

  • Barath Raghavan and Bruce Schneier
  • Cyberscoop
  • January 26, 2024

In October, the Consumer Financial Protection Bureau (CFPB) proposed a set of rules that if implemented would transform how financial institutions handle personal data about their customers. The rules put control of that data back in the hands of ordinary Americans, while at the same time undermining the data broker economy and increasing customer choice and competition. Beyond these economic effects, the rules have important data security benefits.

The CFPB’s rules align with a key security idea: the decoupling principle. By separating which companies see what parts of our data, and in what contexts, we can gain control over data about ourselves (improving privacy) and harden cloud infrastructure against hacks (improving security). Officials at the CFPB have described the new rules as an attempt to accelerate a shift toward “open banking,” and after an initial comment period on the new rules closed late last year, Rohit Chopra, the CFPB’s director, …

AI Microdirectives Could Soon Be Used for Law Enforcement

And they’re terrifying.

  • Jonathon W. Penney and Bruce Schneier
  • Slate
  • July 17, 2023

Imagine a future in which AIs automatically interpret—and enforce—laws.

All day and every day, you constantly receive highly personalized instructions for how to comply with the law, sent directly by your government and law enforcement. You’re told how to cross the street, how fast to drive on the way to work, and what you’re allowed to say or do online—if you’re in any situation that might have legal implications, you’re told exactly what to do, in real time.

Imagine that the computer system formulating these personal legal directives at mass scale is so complex that no one can explain how it reasons or works. But if you ignore a directive, the system will know, and it’ll be used as evidence in the prosecution that’s sure to follow…

How AI Could Write Our Laws

ChatGPT and other AIs could supercharge the influence of lobbyists—but only if we let them

  • Nathan E. Sanders & Bruce Schneier
  • MIT Technology Review
  • March 14, 2023

Nearly 90% of the multibillion-dollar federal lobbying apparatus in the United States serves corporate interests. In some cases, the objective of that money is obvious. Google pours millions into lobbying on bills related to antitrust regulation. Big energy companies expect action whenever there is a move to end drilling leases for federal lands, in exchange for the tens of millions they contribute to congressional reelection campaigns.

But lobbying strategies are not always so blunt, and the interests involved are not always so obvious. Consider, for example, a 2013 …

Why the U.S. Should Not Ban TikTok

The ban would hurt Americans—and there are better ways to protect their data.

  • Bruce Schneier and Barath Raghavan
  • Foreign Policy
  • February 23, 2023

Congress is currently debating bills that would ban TikTok in the United States. We are here as technologists to tell you that this is a terrible idea and the side effects would be intolerable. Details matter. There are several ways Congress might ban TikTok, each with different efficacies and side effects. In the end, all the effective ones would destroy the free internet as we know it.

There’s no doubt that TikTok and ByteDance, the company that owns it, are shady. They, like most large corporations in China, operate at the pleasure of the Chinese government. They collect extreme levels of information about users. But they’re not alone: Many apps you use do the same, including Facebook and Instagram, along with seemingly innocuous apps that have no need for the data. Your data is bought and sold by data brokers you’ve never heard of who have few scruples about where the data ends up. They have digital dossiers on most people in the United States…

We Don’t Need to Reinvent Our Democracy to Save It from AI

  • Bruce Schneier and Nathan Sanders
  • Harvard Kennedy School Belfer Center
  • February 9, 2023

When is it time to start worrying about artificial intelligence interfering in our democracy? Maybe when an AI writes a letter to The New York Times opposing the regulation of its own technology.

That happened last month. And because the letter was responding to an essay we wrote, we’re starting to get worried. And while the technology can be regulated, the real solution lies in recognizing that the problem is human actors—and those we can do something about.

Our essay argued that the much heralded launch of the AI chatbot ChatGPT, a system that can generate text realistic enough to appear to be written by a human, poses significant threats to democratic processes. The ability to produce high quality political messaging quickly and at scale, if combined with AI-assisted capabilities to strategically target those messages to policymakers and the public, could become a powerful accelerant of an already sprawling and poorly constrained force in modern democratic life: lobbying…

Opinion: What Peter Thiel and the ‘Pudding Guy’ revealed

  • CNN
  • February 7, 2023

The Roth IRA is a retirement account allowed by a 1997 law. It’s intended for middle-class investors and has limits on both the investor’s income level and the amount that can be invested.

But billionaire Peter Thiel and others found a hack. As one of the founders of PayPal, Thiel was able—entirely legally— to use an investment of less than $2,000 to buy 1.7 million shares of the company at $0.001 per share, turning it into $5 billion in 20 years—all forever tax-free, according to ProPublica. (Thiel’s spokesperson didn’t respond to ProPublica’s questions about its 2021 report.)…

How to Decarbonize Crypto

The sins of FTX aren’t the only problem the crypto world needs to pay for.

  • Christos Porios and Bruce Schneier
  • The Atlantic
  • December 6, 2022

Maintaining bitcoin and other cryptocurrencies causes about 0.3 percent of global CO2 emissions. That may not sound like a lot, but it’s more than the emissions of Switzerland, Croatia, and Norway combined. As many cryptocurrencies crash and the FTX bankruptcy moves into the litigation stage, regulators are likely to scrutinize the crypto world more than ever before. This presents a perfect opportunity to curb their environmental damage.

The good news is that cryptocurrencies don’t have to be carbon intensive. In fact, some have near-zero emissions. To encourage polluting currencies to reduce their carbon footprint, we need to force buyers to pay for their environmental harms through taxes…

Letter to the US Senate Judiciary Committee on App Stores

  • Bruce Schneier
  • January 31, 2022

View or Download in PDF Format

The Honorable Dick Durbin
Chair
Committee on Judiciary
711 Hart Senate Office Building
Washington, D.C. 20510

The Honorable Amy Klobuchar
Chair
Subcommittee on Competition Policy,
Antitrust, and Consumer Rights
425 Dirksen Senate Office Building
Washington, D.C. 20510

The Honorable Chuck Grassley
Ranking Member
Committee on Judiciary
135 Hart Senate Office Building
Washington, D.C. 20510

The Honorable Mike Lee
Ranking Member
Subcommittee on Competition Policy,
Antitrust, and Consumer Rights
361A Russell Senate Office Building…

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Sidebar photo of Bruce Schneier by Joe MacInnis.