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averysmallbird

1,294 karma · joined June 19, 2020

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averysmallbird··on T-Mobile to acquire most of U.S. Cellular in $4.4B deal
Telecom mergers are handled by the FCC and DOJ, not the FTC, and the FTC has been bringing plenty of other industries than tech.
averysmallbird··on Stop KOSA (Kids Online Safety Act)
It does not create an age verification requirement. A platform only has obligations to provide safeguards when it has knowledge that a user is 16 and under. It also provides statutory direction that it does not require further steps to infer or collect age.

(I'm staff that cowrote the bill.)

averysmallbird··on ESP32-C61: Delivering Affordable Wi-Fi 6 Connectivity
The ESP32-C5 is supposed to have 5Ghz. https://www.espressif.com/en/news/ESP32-C5
averysmallbird··on Labor Misconduct Complaint Response: SpaceX Claims Fed Agency Unconstitutional
NLRB decisions in unfair labor practice cases can be appealed to a US Court of Appeals?
averysmallbird··on Labor Misconduct Complaint Response: SpaceX Claims Fed Agency Unconstitutional
You may have that political position, but you're wrong on the merits.

The non-delegation doctrine exists, but independent agencies survive because its administrators are Presidentially appointed and Congressionally confirmed, and other factors. Other commenters have rightfully also pointed out that you probably have more chance to engage in the democratic process with an independent agency, which also tend to have greater representation from the political party not in control of the Presidency.

It would be correct to say that there are new attacks on the administrative courts systems and extent of deference to administrative rulemaking. But you're wrong about independent agencies.

averysmallbird··on You Should Be Concerned About the Bill to Remove Section 230 Protections from AI
Right. Word processing or image editing software aren't protected by Section 230, and they aren't forced to monitor their users for crime.
averysmallbird··on You Should Be Concerned About the Bill to Remove Section 230 Protections from AI
It's been settled mostly by common law decisions in courts. Which allows for consideration of whether say, the tire advertised itself as nail-proof or the automotive manufacture knew the car model was uniquely susceptible to going off the road but ignored the risk.

The problem with Section 230 is that it short circuits all of this consideration of proportionality and says "the driver was always responsible."

averysmallbird··on You Should Be Concerned About the Bill to Remove Section 230 Protections from AI
Removal of Section 230 immunity is not the same thing as creating or imposing actual liability.

Even if the scope of the exemption is broad, from someone's standpoint, the backend liability is likely to do a fair amount of work in whether a generative AI company could be liable for a particular cause of action.

This is demonstrably true: using that example, Section 230 does not protect text editor software doing spellchecking. However, you don't see a lot of (any?) claims against text editor developers, and there's not really any chill in the development of spellchecking over fear of lawsuits.

(disclosure: staff involved in the bill)

averysmallbird··on Senate panel advances bills to childproof the internet
Platforms have had legal obligations to treat children online differently since 2000, and yet that didn't happen.
averysmallbird··on Senate panel advances bills to childproof the internet
Your read is correct. The duty of care was written, and further rewritten, to be narrowly applied to specific clinically-diagnosable harms and remedies. Adding to the point about the rule of construction, the lack of an exemption to Section 230 is meaningful in this regard.
averysmallbird··on Senate panel advances bills to childproof the internet
I am the staffer who cowrote this bill and I appreciate your comment and understanding of it.
averysmallbird··on Show HN: Make 3D art in your browser using Lisp and math
Thanks!
averysmallbird··on Show HN: Make 3D art in your browser using Lisp and math
This is beautiful. My apologies if I missed it, but is it possible to download the produced figure as an STL (or something equivalent)?
averysmallbird··on The Plan to Blow Up the Internet, Ostensibly to Protect Kids Online (AB 2273)
The California law is a copy of the UK Age Appropriate Design Code, which took effect two years ago and is different from the Safety Code. Take from that a benchmark of whether that will blow up the internet.
averysmallbird··on Will California Eliminate Anonymous Web Browsing? (Comments on CA AB 2273)
> Will California Eliminate Anonymous Web Browsing?

tldr; no.

averysmallbird··on Iran's government has forced Google SafeSearch for the whole country
Regardless of the threat of blocking, it's generally not popular to allow children to surf porn in the classroom, e.g. through the copious amounts that will appear in a Google Image Search.
averysmallbird··on Iran's government has forced Google SafeSearch for the whole country
They did this with the option to disable SSL a few years ago. Google provided an IP that would offer a non-SSL frontend for search that admins to redirect to using DNS, the idea being that schools and local networks could maintain whatever blocking or logging needed. Iran used its gateway filtering to redirect all DNS requests in the country. Google ended up stepping in some way to cut them off.
averysmallbird··on GitHub waited 3 months to notify about potential compromise
That's not fully Github's choice to make. They made a judgement call based on seemingly incomplete evidence, and have different incentives that everyone else.

Repository owners may well have a different level of acceptable risk or legal obligations over the integrity of their source code. For example, if I was maintaining security software or a popular package, it would be entirely appropriate to stop everything and look for abuse. Waiting three months makes that harder.

I'm not sure that's trust building.

averysmallbird··on U.S. tightens export controls on items used in surveillance of private citizens
The new controls are for "intrusion software" (e.g. malware) and "IP network communications surveillance systems or equipment."

There are specific definitions for those terms with technical specifications. Then there are licenses/exemptions that mean you don't have to seek a license if you are selling to nongovernment customers in certain (friendlier) countries. There's also larger exemptions in export controls related to commercial off the shelf equipment and fundamental research that would apply as well.

Generally the take away is that if you're selling malware, exploits, or network surveillance equipment, you might want to talk to an export control lawyer first.

averysmallbird··on U.S. tightens export controls on items used in surveillance of private citizens
There's already export controls on encryption. Have been for decades.
averysmallbird··on Senators introduce bipartisan antitrust bill to promote app store competition
It’s not a coincidence: https://www.nytimes.com/2018/05/18/opinion/microsoft-antitru...
averysmallbird··on Senators introduce bipartisan antitrust bill to promote app store competition
Yes
averysmallbird··on Ask HN: Jobs in Software/Technology Activism?
Do a fellowship in Congress, learn the ropes and if you don’t want to stay on the Hill, you’ll still have had a unbeatable crash course on how politics works. https://www.techcongress.io/
averysmallbird··on FTC Settlement with Fertility-Tracking App for Facebook/Google SDK Data Sharing
The FTC brings privacy cases under its 'unfair and deceptive acts or practices in commerce' prohibition, which does not provide it the legal basis to impose civil penalties. There are possibly other things it could have required (the recent Ever case requiring deletion is a good example), but it is currently constrained on what it can force for a first violation. The two Democratic FTC Commissioners issued a useful statement on what else they would have required: https://www.ftc.gov/system/files/documents/public_statements...
averysmallbird··on Justice Dept. plans to file antitrust charges against Google in coming weeks
There are reportedly investigations against Google, Apple, Amazon, and Facebook; with DOJ taking the first two and the FTC taking the latter. Google was likely the easiest because there was a prior FTC investigation and EU enforcement actions taken against Google. Additionally, more state AGs rallied to the Google case.
averysmallbird··on Iranian law prohibits merge of PR from Israeli?
Whether the civil administration is elected is irrelevant to the threat that this person faces, although to be sure, the Guardian Council dictates who is an acceptable candidate. Rouhani does not have control over the IRGC, which has engaged in a years long campaign of arrests and threats of software developers with links to the West, e.g. Arash Zad, Naranji, and, most recently, Behdad Esfahbod, among others. Once in the hands of the IRGC, neither the President nor the courts can save someone, and the facts of the case matter little -- Rouhani can't even save his own brother. One would have to be profoundly ignorant of Iranian politics and the IRGC and Iranian state media's campaign of intimidation against software developers, the startup community, and other tech figures to not understand that this is the direct result of the security apparatus's propaganda and coercion, and that this person's decision is rational based on well-founded fears -- despite being unfortunate and regrettable.
averysmallbird··on CEO of Open Technology Fund Resigns After Closed-Source Lobbying Effort
She resigned and then, rather than allow her to leave on her own terms in two weeks, USAGM fired her that evening.
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