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Scaling Laws
Jeff Horwitz on Broken Code and Reporting on Facebook
In 2021, the Wall Street Journal published a monster scoop: a series of articles about Facebook’s inner workings, which showed that employees within the famously secretive company had raised alarms about potential harms caused by Facebook’s products. Now, Jeff Horwitz, the reporter behind that scoop, has a new book out, titled “Broken Code”—which dives even deeper into the documents he uncovered from within the company. He’s one of the most rigorous reporters covering Facebook, now known as Meta.
On this episode of Arbiters of Truth, our series on the information ecosystem Lawfare Senior Editor Quinta Jurecic sat down with Jeff along with Matt Perault, the Director of the Center on Technology Policy at UNC-Chapel Hill—and also someone with close knowledge of Meta from his own time working at the company. They discussed Jeff’s reporting and debated what his findings tell us about how Meta functions as a company and how best to understand its responsibilities for harms traced back to its products.
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Eugene Volokh: Navigating Libel and Liability in the AI Age
58:29|Kevin Frazier brings Eugene Volokh, a senior fellow at the Hoover Institution and UCLA law professor, to explore the complexities of libel in the age of AI. Discover how AI-generated content challenges traditional legal frameworks and the implications for platforms under Section 230. This episode is a must-listen for anyone interested in the evolving landscape of AI and law.Cass Madison and Zach Boyd: State Level AI Regulation
41:32|Cass Madison, the Executive Director of the Center for Civic Futures, and Zach Boyd, Director of the AI Policy Office at the State of Utah, join Kevin Frazier, AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Lawfare, to discuss how state governments are adjusting to the Age of AI. This conversation explores Cass's work to organize the increasing number of state officials tasked with thinking about AI adoption and regulation as well as Zach's experience leading one of the most innovative state AI offices.Ethan Mollick: Navigating the Uncertainty of AI Development
01:06:11|In this episode of Scaling Laws, Alan and Kevin discuss the current state of AI growth, focusing on scaling laws, the future of AGI, and the challenges of AI integration into society with Ethan Mollick, Professor of Management at Wharton, specializing in entrepreneurship and innovation. They explore the bottlenecks in AI adoption, particularly the role of interfaces and the uncertainty surrounding AI development. Mollick discusses the transformative potential of AI in various fields, particularly education and medicine, as well as the need for empirical research to understand AI's impact, the importance of adapting teaching methods, and the challenges of cognitive de-skilling.More of Ethan Mollick's work: https://www.oneusefulthing.org/The AI Moratorium Goes Down in Flames
55:32|On the inaugural episode of Scaling Laws, co-hosts Kevin Frazier, AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Law, and Alan Rozenshtein, Professor at Minnesota Law and Research Director at Lawfare, speak with Adam Thierer, a senior fellow for the Technology and Innovation team at the R Street Institute, and Helen Toner, the Director of Strategy and Foundational Research Grants at Georgetown's Center for Security and Emerging Technology (CSET).They discuss the recent overwhelming defeat in the Senate of a proposed moratorium on state and local regulation of artificial intelligence. The conversation explores the moratorium's journey from its inclusion in a House bill to its ultimate failure, examining the procedural hurdles, the confusing legislative language, and the political maneuvering that led to its demise by a 99-to-1 vote. The group discuss the future of U.S. AI governance, covering the Republican party's fragmentation on tech policy and whether Congress's failure to act is a sign of it being broken or a deliberate policy choice.Mentioned in this episode: “The Continuing Tech Policy Realignment on the Right” by Adam Thierer in Medium “1,000 AI Bills: Time for Congress to Get Serious About Preemption” by Kevin Frazier and Adam Thierer in Lawfare “Congress Should Preempt State AI Safety Legislation” by Dean W. Ball and Alan Z. Rozenshtein in Lawfare "The Coming Techlash Could Kill AI Innovation Before It Helps Anyone" by Kevin Frazier in Reason "Unresolved debates about the future of AI" by Helen Toner in Rising TideTRAILER: SCALING LAWS
00:47|Scaling Laws explores (and occasionally answers) the questions that keep OpenAI’s policy team up at night, the ones that motivate legislators to host hearings on AI and draft new AI bills, and the ones that are top of mind for tech-savvy law and policy students. Alan and Kevin dive into the intersection of AI, innovation policy, and the law through regular interviews with the folks deep in the weeds of developing, regulating, and adopting AI. They also provide regular rapid-response analysis of breaking AI governance news.Matt Perault, Ramya Krishnan, and Alan Rozenshtein Talk About the TikTok Divestment and Ban Bill
50:32|Last week the House of Representatives overwhelmingly passed a bill that would require ByteDance, the Chinese company that owns the popular social media app TikTok, to divest its ownership in the platform or face TikTok being banned in the United States. Although prospects for the bill in the Senate remain uncertain, President Biden has said he will sign the bill if it comes to his desk, and this is the most serious attempt yet to ban the controversial social media app.Today's podcast is the latest in a series of conversations we've had about TikTok. Matt Perault, the Director of the Center on Technology Policy at the University of North Carolina at Chapel Hill, led a conversation with Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, and Ramya Krishnan, a Senior Staff Attorney at the Knight First Amendment Institute at Columbia University. They talked about the First Amendment implications of a TikTok ban, whether it's a good idea as a policy matter, and how we should think about foreign ownership of platforms more generally.Disclaimer: Matt's center receives funding from foundations and tech companies, including funding from TikTok.Jawboning at the Supreme Court
51:38|Today, we’re bringing you an episode of Arbiters of Truth, our series on the information ecosystem.On March 18, the Supreme Court heard oral arguments in Murthy v. Missouri, concerning the potential First Amendment implications of government outreach to social media platforms—what’s sometimes known as jawboning. The case arrived at the Supreme Court with a somewhat shaky evidentiary record, but the legal questions raised by government requests or demands to remove online content are real. To make sense of it all, Lawfare Senior Editor Quinta Jurecic and Matt Perault, the Director of the Center on Technology Policy at UNC-Chapel Hill, called up Alex Abdo, the Litigation Director of the Knight First Amendment Institute at Columbia University. While the law is unsettled, the Supreme Court seemed skeptical of the plaintiffs’ claims of government censorship. But what is the best way to determine what contacts and government requests are and aren't permissible?If you’re interested in more, you can read the Knight Institute’s amicus brief in Murthy here and Knight’s series on jawboning—including Perault’s reflections—here.How Are the TikTok Bans Holding Up in Court?
49:27|In May 2023, Montana passed a new law that would ban the use of TikTok within the state starting on January 1, 2024. But as of today, TikTok is still legal in the state of Montana—thanks to a preliminary injunction issued by a federal district judge, who found that the Montana law likely violated the First Amendment. In Texas, meanwhile, another federal judge recently upheld a more limited ban against the use of TikTok on state-owned devices. What should we make of these rulings, and how should we understand the legal status of efforts to ban TikTok?We’ve discussed the question of TikTok bans and the First Amendment before on the Lawfare Podcast, when Lawfare Senior Editor Alan Rozenshtein and Matt Perault, Director of the Center on Technology Policy at UNC-Chapel Hill, sat down with Ramya Krishnan, a staff attorney at the Knight First Amendment Institute at Columbia University, and Mary-Rose Papandrea, the Samuel Ashe Distinguished Professor of Constitutional Law at the University of North Carolina School of Law. In light of the Montana and Texas rulings, Matt and Lawfare Senior Editor Quinta Jurecic decided to bring the gang back together and talk about where the TikTok bans stand with Ramya and Mary-Rose, on this episode of Arbiters of Truth, our series on the information ecosystem.