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Regulation

After years of moving fast and breaking things, governments around the world are waking up to the dangers of uncontrolled tech platforms and starting to think of ways to rein in those platforms. Sometimes, that means data privacy measures like the General Data Protection Regulation (GDPR) or more recent measures passed in the wake of Facebook’s Cambridge Analytica scandal. On the smaller side, it takes the form of specific ad restrictions, transparency measures, or anti-tracking protocols. With such a broad problem, nearly any solution is on the table. It’s still too early to say whether those measures will be focused on Facebook, Google, or the tech industry at large. At the same time, conservative lawmakers are eager to use accusations of bias as a way to influence moderation policy, making the specter of strong regulation all the more controversial. Whatever next steps Congress and the courts decide to take, you can track the latest updates here.

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Senators will introduce the No Fakes Act to keep AI companies from copying your voice or appearance.

Sens. Chris Coons (D-DE) and Marsha Blackburn (R-TN) updated their discussion draft that seeks to prevent debacles like that between Scarlett Johansson and OpenAI. It’s gained the support of SAG-AFTRA and the Recording Industry Association, but the Electronic Frontier Foundation, which counts tech companies among its donors, previously raised concerns that the draft bill was overly broad.


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Kamala Harris supports KOSA.

The vice president and likely Democratic presidential nominee applauded the Senate’s vote to pass the Kids Online Safety Act and urged full passage through Congress.


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New York governor weighs in on KOSA vote.

Democratic Governor Kathy Hochul recently signed the state’s own laws to protect kids online, exemplifying how states have been the first to move on this kind of legislation. Hochul said in a statement that when she signed those bills, “we were sending a message to the nation. Now, I’m excited to see the Senate take steps to help safeguard more young people nationwide.”


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KOSA and COPPA 2.0 pass procedural vote threshold.

The bill they’re contained in passed the 60 vote threshold to close debate, but the Senate must still vote to fully pass it. Schumer indicated that could happen early next week. Should it pass, it goes to the House – but that could take a while considering members are leaving early for summer recess.


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Schumer anticipates Senate passage of KOSA and COPPA 2.0 “early next week.”

“Once the Senate clears today’s procedural vote, KOSA and COPPA will be on a glide path to final passage early next week,” Senate Majority Leader Chuck Schumer (D-NY) said ahead of the cloture vote, which closes debate and sets up the bills for a full vote.


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KOSA is tucked into a bill called the “Eliminate Useless Reports Act.”

That bill is being used as the vehicle for KOSA and COPPA 2.0. They’re basically tucked in as an amendment to this unrelated bill that deals with duplicative reporting requirements for federal agencies.


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Sen. Marsha Blackburn lists what KOSA is not.

The Tennessee Republican, another of the bill’s lead sponsors, began her remarks with what KOSA doesn’t do. It doesn’t cover nonprofits, it doesn’t include rule-making, it doesn’t include news outlets, and it doesn’t give the government new authority, she said.


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Sen. Richard Blumenthal objects to Paul’s “mischaracterization” of KOSA.

“There’s no censorship in this bill. None. Zero,” the Connecticut Democrat who’s the bill’s lead sponsor said on the Senate floor. “It is about product design. Much as it would be about a car that is unsafe and is required to have seatbelts and airbags.”


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Sen. Rand Paul makes the case for KOSA opponents: “It is content, not design, that this bill will regulate.”

The Kentucky Republican said the bill “promises to be pandora’s box of unintended consequences.” He added that “there’s enough to hate this bill from the right and left,” describing, for example, how discussion of sexuality, climate change, and abortion could cause anxiety, which the duty of care mandates platforms try to mitigate.


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Meta may be facing its first EU antitrust fine.

Reuters reports that Meta could be slapped with fines as high as $13.4 billion for tying classified advertisements service Marketplace with its Facebook social network.

The ruling, which is expected in the coming weeks, would come over 18 months since the European Commission accused Meta of “abusive practices” that enabled it to distort competition in the online classified ads market.


Kamala Harris hasn’t said a lot about tech policy, but here’s what we know

This is what we’ve pieced together about her views on AI, privacy, antitrust and more.

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Microsoft insists Game Pass isn’t ‘degraded,’ as the FTC claims.

The FTC called Microsoft’s Xbox Game Pass price hike “exactly the sort of consumer harm” it had predicted ahead of the company’s Activision-Blizzard buy.

Microsoft’s response (PDF) claims that with included multiplayer and the upcoming day-and-date release of Call of Duty, the offering isn’t degraded at all.


It is wrong to call this a “degraded” version of the discontinued Game Pass for Console offering. That discontinued product did not offer multiplayer functionality, which had to be purchased separately for an additional $9.99/month. While Game Pass Ultimate’s price will increase, the service will offer more value through many new games available “day-and-date.” Among them is the upcoming release of  Call of Duty, which has never before been available on a subscription day-and-date.
Screenshot: Re: Federal Trade Commission v. Microsoft Corp. No. 23-15992 (PDF)
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Meta pauses its generative AI tools in Brazil.

Earlier this month, the country’s data protection authority (ANPD) issued a temporary measure banning Meta from training its AI models on Brazilian personal data over privacy and transparency concerns.

Like it did following similar constraints with the EU, Meta has now decided to suspend its generative AI tools in the region while it works to find a resolution with ANPD, according to Reuters.


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Court rejects TikTok’s effort to skirt EU competition rules.

The EU’s General Court has ruled that TikTok parent company ByteDance meets the required user threshold to be a “gatekeeper” under the Digital Markets Act.

TikTok has claimed it wasn’t valuable enough, and failed to obtain interim measures to avoid having to comply with DMA rules while it appealed the designation. The decision can still be appealed to the European Court of Justice.


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The FTC is looking into Amazon’s deal with AI startup Adept.

The agency wants more information about Amazon’s maneuver to hire most of the Adept team and license its technology. Adept said its plans to build “useful general intelligence and an enterprise agent product” would have required “significant attention on fundraising.” The informal inquiry might not lead to an investigation or enforcement, but enforcers are keeping close watch of tech giants and AI.


J.D. Vance is anti-Big Tech, pro-crypto

The former tech investor likes the FTC’s Lina Khan and wants to break up Google, citing its liberal bias.

Biden’s top tech adviser says AI is a ‘today problem’

Arati Prabhakar, a former DARPA chief and now director of the White House’s OSTP, says the time to regulate AI is now.