UN General Assembly to Adopt Controversial Cybercrime Treaty, Ignoring Privacy and Free Speech Concerns

The United Nations General Assembly will this week adopt the UN Cybercrime Treaty, with the US expected to be among the countries that support the controversial document.

Opponents will then have to hope that various UN member-states would eventually opt not to sign and ratify the treaty, which has variously been described as “flawed” and all the way to being “a threat to free speech and privacy” and a tool for “transnational oppression.”

Among those opponents are human rights and media organizations, as well as tech companies, while doubts have been expressed even by the UN High Commissioner for human rights, among others.

Yet governments and law enforcement agencies are among the Cybercrime Treaty’s supporters since it opens up the possibility of more effective cross-border cooperation and evidence (including personal data) gathering and sharing.

But, the final text that is about to be adopted, in many parts falls short of what are considered international human rights standards, allowing UN members who sign the document to then choose whether to build a number of these standards into their own implementation.

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Ghosted by ChatGPT: How I was First Defamed and then Deleted by AI

It is not every day that you achieve the status of “he-who-must-not-be-named.” But that curious distinction has been bestowed upon me by OpenAI’s ChatGPT, according to the New York TimesWall Street Journal, and other publications.

For more than a year, people who tried to research my name online using ChatGPT were met with an immediate error warning.

It turns out that I am among a small group of individuals who have been effectively disappeared by the AI system. How we came to this Voldemortian status is a chilling tale about not just the rapidly expanding role of artificial intelligence, but the power of companies like OpenAI.

Joining me in this dubious distinction are Harvard Professor Jonathan Zittrain, CNBC anchor David Faber, Australian mayor Brian Hood, English professor David Mayer, and a few others.

The common thread appears to be the false stories generated about us all by ChatGPT in the past. The company appears to have corrected the problem not by erasing the error but erasing the individuals in question.

Thus far, the ghosting is limited to ChatGPT sites, but the controversy highlights a novel political and legal question in the brave new world of AI.

My path toward cyber-erasure began with a bizarre and entirely fabricated account by ChatGPT. As I wrote at the time, ChatGPT falsely reported that there had been a claim of sexual harassment against me (which there never was) based on something that supposedly happened on a 2018 trip with law students to Alaska (which never occurred), while I was on the faculty of Georgetown Law (where I have never taught).

In support of its false and defamatory claim, ChatGPT cited a Washington Post article that had never been written and quoted from a statement that had never been issued by the newspaper. The Washington Post investigated the false story and discovered that another AI program, “Microsoft’s Bing, which is powered by GPT-4, repeated the false claim about Turley.”

Although some of those defamed in this manner chose to sue these companies for defamatory AI reports, I did not. I assumed that the company, which has never reached out to me, would correct the problem.

And it did, in a manner of speaking — apparently by digitally erasing me, at least to some extent. In some algorithmic universe, the logic is simple: there is no false story if there is no discussion of the individual.

As with Voldemort, even death is no guarantee of closure. Professor Mayer was a respected Emeritus Professor of Drama and Honorary Research Professor at the University of Manchester, who passed away last year. And ChatGPT reportedly will still not utter his name.

Before his death, his name was used by a Chechen rebel on a terror watch list. The result was a snowballing association of the professor, who found himself facing travel and communication restrictions.

Hood, the Australian mayor, was so frustrated with a false AI-generated narrative that he had been arrested for bribery that he took legal action against OpenAI. That may have contributed to his own erasure.

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Five Eyes Urges Broader Censorship Under “Protect the Children” Campaign

A network facilitating spy agencies’ intelligence-sharing between the US, UK, Canada, Australia, and New Zealand, known as Five Eyes, has its sights set on encryption, and proceeding from that, also online anonymity.

Even more online censorship would also not be a bad idea – these are some of the highlights from the first public-facing paper the organizations behind this group have published.

We obtained a copy of the paper for you here.

And Five Eyes is not above promoting its ultimate and much more far-reaching goals by using the good old “think of the children” – the paper’s title is, Young People and Violent Extremism: A Call for Collective Action.

Both it and an accompanying press release choose to consider online encryption as merely a tool used by criminals. At the same time, the paper is ignoring the fact that the entire internet ecosystem, from communications to banking and everything in between, requires strong encryption both for privacy, and security.

But, Five Eyes focuses only on communications, which they vaguely refer to as online environments, and ones that can allow sex offenders access to children, they also mention extremists, and equally vaguely, “other” malign actors.

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X’s Linda Yaccarino Backs Kids’ “Safety” Bill as Digital ID Privacy Fears Grow

As the legislative session nears its conclusion, X CEO Linda Yaccarino has announced her role in revising the Kids Online Safety Act (KOSA), a move seemingly intended to sway hesitant Republican leaders in the House. But skeptics warn that the bill’s approach to protecting children online—through measures likely to lead to age verification—could come at the cost of privacy and online anonymity, leading to the broader adoption of digital ID systems.

Under KOSA, tech platforms would face a “duty of care” to prevent harm to minors, targeting features like infinite scroll and photo filters. While Senators Richard Blumenthal (D-CT) and Marsha Blackburn (R-TN) lauded the updates for “safeguarding free speech online and ensuring it is not used to stifle expression,” privacy advocates argue the bill’s underlying mechanisms remain problematic. They warn that fulfilling KOSA’s requirements could necessitate platforms to verify users’ ages, potentially by tying online activity to government-issued IDs—a move that threatens to erode online anonymity and jeopardize free expression.

While the bill itself does not mandate age verification, it requires a “duty of care” towards content shown to minors that could cause platforms to introduce age verification to avoid liability. Despite the updated text of the bill, it still contains a controversial provision that will likely ultimately pave the way for online age verification (by requiring the Secretary of Commerce, FTC, and FCC to study “options for developing systems to verify age at the device or operating system level”).

X owner Elon Musk has recently criticized Australia for trying to implement a similar bill so it’s unclear why Musk and Yaccarino aren’t aligned on the issue.

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World Leaders Sign New Censorship Declaration at UN Event While Secretary-General António Guterres Pushed for Increased Online Censorship

A new UN-driven censorship declaration has been signed by a number of world leaders during an event in Portugal – the Cascais Declaration at the United Nations Alliance of Civilizations (UNAOC) Global Forum.

We obtained a copy of the final declaration for you here.

The gathering was addressed by UN Secretary-General Antonio Guterres, who once again reiterated his commitment to censoring online speech, bringing up the usual set of “arguments” in favor of moving in this direction.

During the address, Guterres spoke about “unchecked digital platforms and AI” and accused them of allowing “hate speech to proliferate like never before” – and did not miss the opportunity to mention “misinformation and deepfakes” in the same context.

Guterres wants Big Tech, advertisers, and media – that is, along with some governments and organizations like the UN, among the most egregious offenders when it comes to online censorship – to double down.

“Taking responsibility for their role” in spreading hate speech, deepfakes, etc., was how he phrased it.

Guterres also again pushed a UN initiative that critics say introduces algorithmic censorship and demonetization under the stated “anti-misinformation and hate speech” scope – the UN’s Global Principles for Information Integrity.

According to Guterres, these recommendations allow for “a more humane information ecosystem.”

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Push to Pass KOSA Spurs Fears Over Privacy and Free Speech

Attorneys general from 32 jurisdictions — including 31 states and the District of Columbia — have signed an open letter urging Congress to pass the Kids Online Safety Act (KOSA) before the looming conclusion of the current session early next year. This legislation, although primarily aimed at protecting minors from digital harms, introduces significant implications for online privacy and freedom of speech through proposed mechanisms for age verification and potential censorship.

We obtained a copy of the letter for you here.

KOSA itself doesn’t mandate direct implementation of online age verification but tasks the Secretary of Commerce, along with the FTC and FCC, with exploring “options for developing systems to verify age at the device or operating system level.” This move toward digital identification could fundamentally alter the landscape of internet privacy, linking social media accounts and other online activities directly to real-world identities.

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G20’s Online Speech Clampdown Calls Set To Ignite Free Speech Fears

G20 leaders convened in Rio de Janeiro have called for enhanced responsibility and transparency from digital platforms to tackle the growing challenges of “misinformation,” “disinformation,” “hate speech,” and others on their long list of supposed online “harms.”

The summit’s final declaration highlighted the transformative role of digital platforms in global communication but noted the adverse effects of digital content’s rapid spread. It called for increased accountability from platforms to manage speech, which should raise eyebrows among free speech advocates who’ve heard all this before.

We obtained a copy of the declaration for you here.

During the summit, the leaders highlighted the transformative impact of digital platforms in communication and information dissemination across the globe. However, they also alleged negative ramifications of unchecked digital spaces, where “harmful” content can proliferate at an unprecedented pace and scale.

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UN’s Latest Climate Agenda Sparks Alarms Over Online Censorship

The United Nations (UN) is engaging in yet another effort that can easily slip into a tool for “bolstering” online censorship.

Earlier in the week the Global Initiative for Information Integrity on Climate Change was launched during a G20 Summit.

This adds to a convoluted list of various UN-driven treaties, initiatives, and goals – and here the Educational, Scientific and Cultural Organization (UNESCO) has found a partner in Brazil’s authorities.

Those behind the document say it’s there to help combat climate change disinformation and take aim at social media in particular. If UNESCO Director-General Audrey Azoulay is to be believed, this type of “disinformation” is “running rampant” on the internet.

UN Secretary-General Antonio Guterres, who addressed the summit, also contributed to building the dramatic and alarmist narrative around both issues – climate, and “disinformation” – when he, in a social media post, complained about “coordinated disinformation campaigns impeding global progress on climate change.”

So far, the countries that have joined include Chile, Denmark, France, Morocco, Sweden, and the UK. They will collectively contribute to the UN raising $10–$15 million to fund “research and awareness campaigns” but also advocacy groups, and what’s referred to as communication strategies to help achieve the initiative’s goals.

While clearly treating the climate change theories as scientific fact, Azoulay stopped just short of referring to that as an existential threat – but did call it an “existential challenge.”

The UN official wants to see more than governments, scientists, etc., on board: the role of journalists is also highlighted here – in a rather strange way. Instead of reporting the news, journalists are envisaged as a kind of advocates themselves, “a critical link between science and society,” said Azoulay.

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“Shutting Down CISA” Senator Paul Rand’s Crusade Against Online Censorship

Senator Paul Rand, who is about to take over as chair of the US Senate Committee on Homeland Security and Governmental Affairs, has spoken in favor of shutting down the Cybersecurity and Infrastructure Security Agency (CISA).

CISA, a part of the Department of Homeland Security (DHS), was established in 2018 to do just what its name says – but has in the meanwhile become weaponized to suppress free speech, opponents believe, citing a number of programs where CISA was involved in monitoring and flagging online posts for removal.

Senator Paul refers to the agency’s behavior – which he says included the ability to censor content and thus influence what information is available to people – as “intrusions into the First Amendment.”

“The First Amendment is important, that’s why we listed it as the First Amendment. I’d like to, at the very least, eliminate their ability to censor content online,” Paul said in a post on X.

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Danish military says it’s monitoring Chinese ship closely after undersea cables severed

The Danish military said on Wednesday that it was staying close to a Chinese ship currently sitting idle in Danish waters, days after two fibre-optic data telecommunication cables in the Baltic Sea were severed.

Chinese bulk carrier Yi Peng 3 was anchored in the Kattegat strait between Denmark and Sweden on Wednesday, with a Danish navy patrol ship at anchor nearby, MarineTraffic vessel tracking data showed.

“The Danish Defence can confirm that we are present in the area near the Chinese ship Yi Peng 3,” the military said in a post on social media X, adding it had no further comments.

Two critical undersea fibre optic #cables in the #BalticSea—linking Sweden to Lithuania and Finland to Germany—were severed on November 17th and 18th, raising serious security concerns. The Chinese-flagged bulk carrier YI PENG 3 is suspended for its potential involvement.… pic.twitter.com/XRikzko8Pw— MarineTraffic (@MarineTraffic) November 20, 2024

It is quite rare for Denmark’s military to comment publicly on individual vessels travelling in Danish waters. It did not mention the cable breaches or say why it was staying with the ship.

Swedish police later told news agency TT they were also interested in the Yi Peng 3, adding there might be other vessels of interest to Sweden’s investigation.

The Chinese ship left the Russian port of Ust-Luga on Nov.

15 and was in the areas where the cable damages occurred, according to traffic data, which showed other ships to have been in the areas too.

One cable running between Sweden and Lithuania was cut on Sunday and another one between Finland and Germany was severed less than 24 hours later on Monday.

The breaches happened in Sweden’s exclusive economic zone and Swedish prosecutors started a preliminary investigation on Tuesday on suspicion of possible sabotage.

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