Good Monday Morning

It’s October 10th. Today is Mental Health Awareness Day, and I would like you to be aware of the new national Lifeline service. Call or text 988 to be connected with someone who can speak with you if you are experiencing emotional distress. Please know that if you’re reading this that I want you to be alive.

Today’s Spotlight is 1,434 words — about 5 minutes to read.

News To Know Now

Quoted:“We are concerned about recent increases in makeshift efforts by individuals attempting to weaponize commercially available robots… For this technology to be broadly accepted throughout society, the public needs to know they can trust it. And that means we need policy that prohibits bad actors from misusing it.”

— Boston Dynamics CEO Robert Playter to Axios commenting on the company’s pledge not to support weaponizing the company’s robots.

Driving the news: Uncertainty throughout the U.S. and Europe as investment markets remain jittery, prices and interest rates remain high, and the Russian invasion of Ukraine intensifies as the smaller nation escalates its defense and bombs a critical bridge linking Russia to the Crimean peninsula it invaded and annexed eight years ago.

Three Important Stories

1) TikTok parent ByteDance told employees that its losses have more than tripled to $7 billion as it attempts to scale to meet hypergrowth. The Wall Street Journal reports that ByteDance’s revenue grew to more than $61 billion and the amount of cash on hand tops $42 billion. Cash hoards are common in Big Tech with Microsoft, Alphabet, and Apple all holding more than $100 billion in cash. ByteDance’s balance would rank 8th overall between Pfizer and Anthem if it were a publicly traded American company. 

Our take: We keep saying this, but it bears repeating: TikTok is here. It’s not a social media company, it’s a video platform and entertainment company. Think of it more like Netflix meets YouTube than as Facebook. And increasingly, people use TikTok for news and search. That’s what Google VP Prabhakar Ranghavan said at a conference in July. His statements were corroborated by a September Pew Research study that showed 33% of TikTok users now say they “regularly get their news on the app.”

2) Facebook may be laying off 12,000 employees according to a report in Saturday’s Economic Times. That represents about 15% of the company’s workforce and reflects instructions sent across the firm to its directors. Meta had previously announced that it would slow hiring.

3) Microsoft-owned LinkedIn and researchers from top universities conducted social experiments on users over five years. The researchers have published the findings in Science and say that LinkedIn varied the strength of personal connections the site recommended to its users. The strength of those recommendations was then used to determine whether users were more likely to obtain employment through close relationships vs. weaker, more distant ones.

Trends & Spends

 Spotlight Explainer — Online Disclosures

The FTC has sought to increase transparency on online platforms for more than twenty years. It’s an area that many websites know exist, but the rules are nebulous and enforcement is often inconsistent. But just like a traffic court judge doesn’t care how fast the other vehicles were traveling when you show up to defend a speeding ticket, the U.S. government says that online posters must disclose any commercial relationships that exist with organizations that they publicize.

The agency is back to studying the issue and inviting public comment because more explicit rules are definitely needed. Coincidentally (okay, probably not coincidentally), the SEC last week announced that reality tv star Kim Kardashian had agreed to pay a $1.26 million penalty for promoting a cryptocurrency security without using the proper online disclosures.

Kardashian’s Missed Disclosure
A crypto company named EthereumMax paid Kim Kardashian $250,000 to promote one of its cryptocurrency securities. The SEC fined her $1 million plus her fee and interest. The specific issue relates to her touting a specific security instead of promoting the company as other celebrities often do. As the ex-wife of one billionaire and the sister of a second, Kardashian’s touting of a specific investment was troubling.

Why The SEC and Not the FTC
The SEC was the agency with the specific rules in this case. By using the hashtag #ad in her video announcement, Kardashian had apparently done enough to comply with the FTC’s antiquated rules, but not the SEC’s. MSNBC shared a five year old SEC rule that states in part, “Any celebrity or other individual who promotes a virtual token or coin that is a security must disclose the nature, scope, and amount of compensation received in exchange for the promotion.”

FTC Invited Comments
The FTC first published its “How to Make Effective Disclosures in Digital Advertising” in 2000 and revised the document in 2013. The agency invited public comments this year and closed that process in July although you can read the submissions online.

TikTokers Not Disclosing Include Platform’s 2nd Biggest Account
A Vox expose this summer quotes Charli D’Amelio’s video extolling flavored water and tea company Muse without disclosing that she had signed a marketing agreement with them the year before. That’s big business for D’Amelio who has 140 million followers on TikTok although the issues exist throughout the spectrum of influencer audience size.

The FTC requires disclosure in advertising, but TikTok and other new media stars are grappling with rules written before TikTok was created and Instagram was part of Meta.  That hasn’t stopped some jurisdictions like the EU from chasing TikTok and others. Both the EU and the FTC are reportedly considering using rules to shield children from disclosed advertising.

Your assignment: Get familiar with the latest official FTC word from 2019 in the pamphlet, “Disclosures 101 for Social Media Influencers”.  If your firm is compensating someone and they talk about your product online in a promotional way, then online disclosure rules likely apply whether they have an audience of 14 people or 14 million people.

Did That Really Happen? — Bruce Willis Did Not Sell His Likeness for Deepfake Purposes

The article sounded plausible when it broke last week. Ailing and now retired actor Bruce Willis had reportedly sold his likeness for use in deep fakes. Then it turned out that not only had Willis done no such thing, but that the company that supposedly bought them said, “currently no regulatory framework allows people to sell rights for their identity.”

This Ars Technica article does a good job unwinding a few strangely chaotic days.

Following Up — Now We Have AI Videos from Text Prompts

If the rush to AI art that we wrote about two weeks ago seems like a land rush to you too, you won’t be surprised that Meta has announced that it’s built a tool called “Make-A-Video” that creates videos from text. You’re not getting a new version of Citizen Kane. Think instead of the GIFs that are ubiquitous on its properties.

Protip — Free Open Source Alternatives to Popular SaaS Products

Maybe you don’t need all the features in Evernote or 1Password, but still want something with similar but less robust features. Head here and start searching for free software that might give you what you’re looking for.

Screening Room — Oura Ring

NBA star Chris Paul and Olympic skier Lindsey Vonn are among the athletes touting Oura’s new personal tracking ring in this spot. I’m old enough to remember when these trackers were watch replacements.

Science Fiction World — Diagnosing COVID from a Cough’s Sounds

Pfizer (yes, that one) finalized a sale to buy Australia’s ResApp last week. The final price is about $116 million American and gives the pharma giant ownership of a mobile app that analyzes the sound of a cough to diagnose respiratory illnesses including “asthma, pneumonia, bronchiolitis, croup and chronic obstructive pulmonary disease.”  

I never thought that I would enjoy hearing the instruction “cough into your phone”, but it sounds much more pleasant than a big Q-Tip up the nose.

Coffee Break — The Top Southern Things on Airbnb Listings

I might have guessed plantations and alligators were on the list, but dolphins and Elvis? Have a stroll through this data driven look at the most popular elements in Airbnb listings in Southern states.

Sign of the Times

Good Monday Morning

It’s September 26th. Happy New Year. Rosh Hashanah began yesterday and ends tomorrow at sundown local time.

Today’s Spotlight is 1,351 words — about 5 minutes to read.

News To Know Now

Quoted:“[Opening links in their own browser instead of the user’s browser] allows Meta to intercept, monitor and record its users’ interactions and communications with third parties, providing data to Meta that it aggregates, analyzes and uses to boost its advertising revenue.”

— Willis vs Meta Platforms, a suit seeking class action status that was first reported on by Bloomberg.

Driving the news: Global energy shake-ups due to Russia’s invasion of Ukraine and unrest throughout the weekend in Iran are exacerbating problems in an already troubled economy. Atlanta Fed President Raphael Bostic told CBS’ Face the Nation yesterday that the Fed is trying “to avoid deep, deep pain.”

Three Important Stories

1) The SEC fined Morgan Stanley $30 million last Tuesday in the penalty phase of a case it brought after the financial giant inadvertently sold nearly 5,000 devices that still contained client data. It’s important to note that Morgan Stanley outsourced this, but didn’t confirm the data was wiped.

2) London police working with the FBI announced the arrest of a 17-year-old in connection with hacks of Uber and software company Rockstar, the maker of the popular Grand Theft Auto series. Police officials are not releasing any additional information because the suspect is a minor.

3) Google is making it even easier for individuals to remove their personal data from the search engine’s results. After years of requiring people to directly contact the website posting the data, Google has introduced a new Android feature that streamlines the process of removing data. See it in action at 9 to 5 Google, which broke the news.

  Trends & Spends

Spotlight Explainer — AI Art

The concept of automated art in any form–image, music, or writing–is still foreign to most people. If a software program is trained by incorporating billions of lessons and then provides some form of art by reassembling them, isn’t that just reorganizing the material from the lessons? Or put another way, when does creativity start? After all, most Western music scales only have twelve notes. How they’re assembled and played dictates whether the music is classical, hip-hop, or something else.

No country or entity is remotely close to solving the issue of who or what creates the art product, who owns the art, and whether it should be subject to some non-recognized status when compared with art created by humans.

Creating Images Using Only Words

The words used to create images using modern systems are called prompts.  They can range from a few words to extremely complex paragraphs with multiple instructions. There are hundreds of sites offering prompts. I used one on my work computer that I found on Metaverse Post. The prompt was: “portrait photo of a asia old warrior chief, tribal panther make up, blue on red, side profile, looking away, serious eyes, 50mm portrait photography, hard rim lighting photography–beta –ar 2:3”

I had four examples after only a minute or two. Here’s the one I thought looked best.

Here is the same prompt processed by a more advanced program. 

And now the questions begin anew. Who owns the rights? How can we ever hope to trust an image again? This isn’t old school airbrushing or Photoshop manipulation. It’s something entirely new.

Getty Images Bans AI Generated Content

Publicly-traded Getty Images houses about five hundred million images and has just banned users from uploading and selling AI-generated images. The company cites the notion that data scraping, a legal activity in the U.S., may not provide as much legal protection for the company when an artist’s work or style has been copied and then used to derive a new work. 

OpenAI to Allow Photo Uploads

Dall-E 2’s owner OpenAI announced last Wednesday that it will allow users of its AI art software to begin uploading photos that show real people with that person’s consent. The organization, which also created the groundbreaking GPT-3 text model, said that users were clamoring for the ability to use the system to create new looks for themselves or edit family photos. The company also quoted a reconstructive surgeon who told OpenAI that he used the system to help patients understand what their surgical results might look like.

US Copyright Office Allows Registration

We also learned last week that a graphic novel called Zarya of the Dawn has been granted a copyright by the U.S. Copyright Office despite the main character’s “uncanny resemblance” to actress Zendaya. The agency had previously said that AI software may not be cited as the author of art generated by software.

Garbage In, What Comes Out?

A brand new article by Vice describes how they were able to use a new lookup tool to determine that some AI art software including Google’s unreleased Imagen and AI Stable Diffusion were trained on a 5 billion image data set scraped from the internet that includes images from nonconsensual pornography and executions carried out by the ISIS terror group. That type of contaminated data is what has caused text-based AI projects to output misogynistic and racist text.

For now, organizations are warning users in a fashion similar to OpenAI’s GPT-3 disclaimer that reads in part, “Internet-trained models have internet-scale problems.”

Google says it won’t be releasing Imagen publicly and other companies insist that they are slowly rolling out their products although I already have access to two separate ones so the scope isn’t very limited.

One Cheerful Thought About Darth Vader

Actor James Earl Jones, 91, gave Disney his blessing last week to use software that mimics his voice so that the Disney+ show Obi-Wan Kenobi and future Darth Vader appearances can keep the character’s original voice.

Did That Really Happen? — Doctored Video of Biden Circulating

 A video of President Biden exiting the stage at the United Nations and then turning and going back to the stage is doctored, according to a Newsweek fact check. Missing from the clip, but visible on U.N. and C-SPAN video, are  the president pausing on the steps for a photo and then turning back when the next speaker addressed him by name multiple times. Biden apparently hovered near the stage’s steps rather than exiting while the next speaker addressed him.

Following Up — TikTok Bans Political Fundraising Ads

Just one week after we wrote about how internet platforms intend to deal with the upcoming midterm elections, TikTok announced that it is banning all political fundraising videos. The company also says that government and political accounts will be verified.

Protip — YouTube Launching Clip Feature

The long awaited YouTube function of sharing a clip from a video instead of the whole video or starting a video at a specific time, is finally here. Here is how you can start sending your own mini-videos.

Screening Room — Jeff Bridges’ Up the Antibodies

Oscar-winner (and seven-time nominee) Jeff Bridges appears in this spot for Astra Zeneca’s Up the Antibodies campaign. The 72-year-old actor announced his lymphoma diagnosis during the pandemic’s early months and says he is now in remission.

Science Fiction World — Visiting Mars

This stunning website aggregates images from Mars and let’s you trace the Rover’s journey. Stopping at the map markers lets you hear the sounds the machine made on its rounds.

Coffee Break — All The Cover Songs

No matter what your favorite song, the database at SecondHand Songs can tell you if there is a cover version–even if it was never officially released. 

Most covered song: Silent Night
Most covered popular song: Summertime by the Gershwins
Most covered song rock era: Yesterday by The Beatles

Do your own searches and watch videos of the covers or listen via Spotify embeds.

Sign of the Times

Good Monday Morning

It’s September 19th. Thursday marks the official beginning of autumn. All National Park Service sites offer free admission on Saturday. 

Today’s Spotlight is 1,088 words — about 4 minutes to read.

News To Know Now

Quoted:“A strong nonlinear relationship was identified between daily maximum temperature and the percentage change in hate tweets.

— Data appearing in a study published in The Lancet that found temperatures above 80 degrees in U.S. communities resulted in 6%-30% more hate speech on Twitter.

Driving the news: Escalating political rhetoric from both parties is influencing finance, education, health, and immigration in near real-time with important midterm elections only 50 days away.

Three Important Stories

1)Illinois residents have only six days remaining to file a claim for funds in a class action settlement regarding Google Photos. A similar suit against Facebook resulted in each affected resident receiving a check for nearly $400. PC Mag has details. And if you live elsewhere, Google Photos just released an upgrade that includes a collage editor.

2)An appeals court restored a Texas law that bars online companies from removing posts based on the author’s politics. It’s a First Amendment battle related to the issue of censorship that experts believe will remain unsettled until a final Supreme Court decision.

3) Patagonia’s owners irrevocably transferred the majority of the company into a C4 nonprofit after reserving a small piece for a trust that will retain family control. The move is expected to fund activities to fight climate change at the rate of $100 million annually, including political contributions. Business publications like Bloomberg were quick to point out that the $3 billion donation also avoids $700 million in tax liability although all but the most cynical acknowledge the charitable nature of giving almost everything away. A family-controlled trust will hold 2% of the nonvoting stock (current value: $60 million) and all of the voting stock.

Spotlight Explainer — Elections Online This Year

Election Day is fifty days away. The Jan. 6 committee plans to restart public hearings by September 28. Former President Donald Trump continues to hold rallies around the country although he is not a candidate for office. A rally in Ohio two days ago featured more inflammatory rhetoric, music associated with the Q-Anon conspiracy, and audience members making hand gestures associated with that group.  Political control of both chambers of Congress is at stake.

The latest in preparations for these elections:

Social media advertising will be curtailed or cut off.

Meta plans to follow its playbook from 2020. That means that no new political ads can be started on the network after November 1 and for a period extending until at least polls close. During the last such period, however, Meta kept new ads from being published until mid-January.

Worth remembering: Meta categorizes these ad topics as “social issues” and regulates them as political: 

  • civil and social rights
  • crime
  • economy
  • education
  • environmental politics
  • guns
  • health
  • immigration
  • political values and governance
  • security and foreign policy

That means that the charities operating in those areas won’t be able to run new ads either.

Although many other social media networks already ban political and advocacy advertising, financially troubled Snapchat has yet to make an official announcement about ads. TikTok already bans political ads and says that its goal this year is to ban the use of videos by influencers that are undeclared political ads.

An eBay auction for a voting machine.

Authorities are trying to understand how a voting machine used in Michigan ended up for sale at Goodwill for $7.99 and then was offered for auction on eBay. An election machine security expert saw the auction listing, bought the machine, and quickly notified authorities. 

Michigan police and federal authorities are also investigating security breaches at local election offices in Colorado, Georgia, and Michigan after election deniers were improperly allowed access to machines and software.

NC elections official threatened.

Surry County GOP Chairman W.K. Senter reportedly threatened the county’s election director with losing her job or having her pay cut if she didn’t provide him with illegal access to voting equipment. He reportedly wants to verify if they have “cell or internet capability” and have “a forensic analysis” conducted.

The problems aren’t just in Surry County. Republican officials in Durham County, home to Duke University and a city with a quarter-million people, announced that they planned to inspect all machines. A state official rebuffed their plans and insists that none of the machines used for voting in North Carolina can access the internet.

CISA launches tool kit for local election officials.

The U.S. Cybersecurity and Infrastructure Security Agency rolled out a new program last month that helps local elections officials and workers better detect and defend against phishing, ransomware, and other attacks and other elections online problems. The program also shows how to improve security for equipment with internet connectivity. 

CISA was one of the federal agencies that announced on November 12, 2020, that there was “no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised.”

Did That Really Happen? — Germany Continues to Administer COVID-19 vaccines

Twitter and Telegram users have been amplifying a false statement that Germany stopped using COVID-19 vaccines. That never happened according to this AP reporting.

Following Up — Abortion Privacy Bill

We wrote extensively last week about abortion data privacy problems. A bill to protect data in California would reportedly prohibit Big Tech companies headquartered there from providing information related to abortion data demanded by courts in other states. California Gov. Gavin Newsom has not yet signed the bill into law.

Protip — Free Photo Restoration

An AI model that aims to reconstruct low resolution images is now available for anyone to use free. This is similar to online processes available at My Heritage. The website is rudimentary relative to advanced image software, but again, is free.

Screening Room — Pinterest’s Don’t Don’t Yourself

This clever series of short ads called “Don’t Don’t Yourself” shows people shaking undesirable behaviors.

Science Fiction World — Robotic Ikea Assembly

Naver Labs has graduated its robot Ambidex from playing table tennis to assembling Ikea furniture. I’m not bragging, but I once paid a guy eighty bucks to do the same for me because it was cheaper than the divorce that would’ve happened if my family tried to do it.

Coffee Break — How 25 Canadian Sites Looked in the 1990s

Back in my day, websites were ugly with gradients and exclamation points and walls of links and, oh, just have a look for yourself.

Sign of the Times