chatbot

donotpay-has-to-pay-$193k-for-falsely-touting-untested-ai-lawyer,-ftc-says

DoNotPay has to pay $193K for falsely touting untested AI lawyer, FTC says

DoNotPay has to pay $193K for falsely touting untested AI lawyer, FTC says

Among the first AI companies that the Federal Trade Commission has exposed as deceiving consumers is DoNotPay—which initially was advertised as “the world’s first robot lawyer” with the ability to “sue anyone with the click of a button.”

On Wednesday, the FTC announced that it took action to stop DoNotPay from making bogus claims after learning that the AI startup conducted no testing “to determine whether its AI chatbot’s output was equal to the level of a human lawyer.” DoNotPay also did not “hire or retain any attorneys” to help verify AI outputs or validate DoNotPay’s legal claims.

DoNotPay accepted no liability. But to settle the charges that DoNotPay violated the FTC Act, the AI startup agreed to pay $193,000, if the FTC’s consent agreement is confirmed following a 30-day public comment period. Additionally, DoNotPay agreed to warn “consumers who subscribed to the service between 2021 and 2023” about the “limitations of law-related features on the service,” the FTC said.

Moving forward, DoNotPay would also be prohibited under the settlement from making baseless claims that any of its features can be substituted for any professional service.

A DoNotPay spokesperson told Ars that the company “is pleased to have worked constructively with the FTC to settle this case and fully resolve these issues, without admitting liability.”

“The complaint relates to the usage of a few hundred customers some years ago (out of millions of people), with services that have long been discontinued,” DoNotPay’s spokesperson said.

The FTC’s settlement with DoNotPay is part of a larger agency effort to crack down on deceptive AI claims. Four other AI companies were hit with enforcement actions Wednesday, the FTC said, and FTC Chair Lina Khan confirmed that the agency’s so-called “Operation AI Comply” will continue monitoring companies’ attempts to “lure consumers into bogus schemes” or use AI tools to “turbocharge deception.”

“Using AI tools to trick, mislead, or defraud people is illegal,” Khan said. “The FTC’s enforcement actions make clear that there is no AI exemption from the laws on the books. By cracking down on unfair or deceptive practices in these markets, FTC is ensuring that honest businesses and innovators can get a fair shot and consumers are being protected.”

DoNotPay never tested robot lawyer

DoNotPay was initially released in 2015 as a free way to contest parking tickets. Soon after, it quickly expanded its services to supposedly cover 200 areas of law—aiding with everything from breach of contract claims to restraining orders to insurance claims and divorce settlements.

As DoNotPay’s legal services expanded, the company defended its innovative approach to replacing lawyers while acknowledging that it was on seemingly shaky grounds. In 2018, DoNotPay CEO Joshua Browder confirmed to the ABA Journal that the legal services were provided with “no lawyer oversight.” But he said that he was only “a bit worried” about threats to sue DoNotPay for unlicensed practice of law. Because DoNotPay was free, he expected he could avoid some legal challenges.

According to the FTC complaint, DoNotPay began charging subscribers $36 every two months in 2019 while making several false claims in ads to apparently drive up subscriptions.

DoNotPay has to pay $193K for falsely touting untested AI lawyer, FTC says Read More »

elon-musk-sues-openai,-sam-altman-for-making-a-“fool”-out-of-him

Elon Musk sues OpenAI, Sam Altman for making a “fool” out of him

“Altman’s long con” —

Elon Musk asks court to void Microsoft’s exclusive deal with OpenAI.

Elon Musk and Sam Altman share the stage in 2015, the same year that Musk alleged that Altman's

Enlarge / Elon Musk and Sam Altman share the stage in 2015, the same year that Musk alleged that Altman’s “deception” began.

After withdrawing his lawsuit in June for unknown reasons, Elon Musk has revived a complaint accusing OpenAI and its CEO Sam Altman of fraudulently inducing Musk to contribute $44 million in seed funding by promising that OpenAI would always open-source its technology and prioritize serving the public good over profits as a permanent nonprofit.

Instead, Musk alleged that Altman and his co-conspirators—”preying on Musk’s humanitarian concern about the existential dangers posed by artificial intelligence”—always intended to “betray” these promises in pursuit of personal gains.

As OpenAI’s technology advanced toward artificial general intelligence (AGI) and strove to surpass human capabilities, “Altman set the bait and hooked Musk with sham altruism then flipped the script as the non-profit’s technology approached AGI and profits neared, mobilizing Defendants to turn OpenAI, Inc. into their personal piggy bank and OpenAI into a moneymaking bonanza, worth billions,” Musk’s complaint said.

Where Musk saw OpenAI as his chance to fund a meaningful rival to stop Google from controlling the most powerful AI, Altman and others “wished to launch a competitor to Google” and allegedly deceived Musk to do it. According to Musk:

The idea Altman sold Musk was that a non-profit, funded and backed by Musk, would attract world-class scientists, conduct leading AI research and development, and, as a meaningful counterweight to Google’s DeepMind in the race for Artificial General Intelligence (“AGI”), decentralize its technology by making it open source. Altman assured Musk that the non-profit structure guaranteed neutrality and a focus on safety and openness for the benefit of humanity, not shareholder value. But as it turns out, this was all hot-air philanthropy—the hook for Altman’s long con.

Without Musk’s involvement and funding during OpenAI’s “first five critical years,” Musk’s complaint said, “it is fair to say” that “there would have been no OpenAI.” And when Altman and others repeatedly approached Musk with plans to shift OpenAI to a for-profit model, Musk held strong to his morals, conditioning his ongoing contributions on OpenAI remaining a nonprofit and its tech largely remaining open source.

“Either go do something on your own or continue with OpenAI as a nonprofit,” Musk told Altman in 2018 when Altman tried to “recast the nonprofit as a moneymaking endeavor to bring in shareholders, sell equity, and raise capital.”

“I will no longer fund OpenAI until you have made a firm commitment to stay, or I’m just being a fool who is essentially providing free funding to a startup,” Musk said at the time. “Discussions are over.”

But discussions weren’t over. And now Musk seemingly does feel like a fool after OpenAI exclusively licensed GPT-4 and all “pre-AGI” technology to Microsoft in 2023, while putting up paywalls and “failing to publicly disclose the non-profit’s research and development, including details on GPT-4, GPT-4T, and GPT-4o’s architecture, hardware, training method, and training computation.” This excluded the public “from open usage of GPT-4 and related technology to advance Defendants and Microsoft’s own commercial interests,” Musk alleged.

Now Musk has revived his suit against OpenAI, asking the court to award maximum damages for OpenAI’s alleged fraud, contract breaches, false advertising, acts viewed as unfair to competition, and other violations.

He has also asked the court to determine a very technical question: whether OpenAI’s most recent models should be considered AGI and therefore Microsoft’s license voided. That’s the only way to ensure that a private corporation isn’t controlling OpenAI’s AGI models, which Musk repeatedly conditioned his financial contributions upon preventing.

“Musk contributed considerable money and resources to launch and sustain OpenAI, Inc., which was done on the condition that the endeavor would be and remain a non-profit devoted to openly sharing its technology with the public and avoid concentrating its power in the hands of the few,” Musk’s complaint said. “Defendants knowingly and repeatedly accepted Musk’s contributions in order to develop AGI, with no intention of honoring those conditions once AGI was in reach. Case in point: GPT-4, GPT-4T, and GPT-4o are all closed source and shrouded in secrecy, while Defendants actively work to transform the non-profit into a thoroughly commercial business.”

Musk wants Microsoft’s GPT-4 license voided

Musk also asked the court to null and void OpenAI’s exclusive license to Microsoft, or else determine “whether GPT-4, GPT-4T, GPT-4o, and other OpenAI next generation large language models constitute AGI and are thus excluded from Microsoft’s license.”

It’s clear that Musk considers these models to be AGI, and he’s alleged that Altman’s current control of OpenAI’s Board—after firing dissidents in 2023 whom Musk claimed tried to get Altman ousted for prioritizing profits over AI safety—gives Altman the power to obscure when OpenAI’s models constitute AGI.

Elon Musk sues OpenAI, Sam Altman for making a “fool” out of him Read More »

x-is-training-grok-ai-on-your-data—here’s-how-to-stop-it

X is training Grok AI on your data—here’s how to stop it

Grok Your Privacy Options —

Some users were outraged to learn this was opt-out, not opt-in.

An AI-generated image released by xAI during the launch of Grok

Enlarge / An AI-generated image released by xAI during the open-weights launch of Grok-1.

Elon Musk-led social media platform X is training Grok, its AI chatbot, on users’ data, and that’s opt-out, not opt-in. If you’re an X user, that means Grok is already being trained on your posts if you haven’t explicitly told it not to.

Over the past day or so, users of the platform noticed the checkbox to opt out of this data usage in X’s privacy settings. The discovery was accompanied by outrage that user data was being used this way to begin with.

The social media posts about this sometimes seem to suggest that Grok has only just begun training on X users’ data, but users actually don’t know for sure when it started happening.

Earlier today, X’s Safety account tweeted, “All X users have the ability to control whether their public posts can be used to train Grok, the AI search assistant.” But it didn’t clarify either when the option became available or when the data collection began.

You cannot currently disable it in the mobile apps, but you can on mobile web, and X says the option is coming to the apps soon.

On the privacy settings page, X says:

To continuously improve your experience, we may utilize your X posts as well as your user interactions, inputs, and results with Grok for training and fine-tuning purposes. This also means that your interactions, inputs, and results may also be shared with our service provider xAI for these purposes.

X’s privacy policy has allowed for this since at least September 2023.

It’s increasingly common for user data to be used this way; for example, Meta has done the same with its users’ content, and there was an outcry when Adobe updated its terms of use to allow for this kind of thing. (Adobe quickly backtracked and promised to “never” train generative AI on creators’ content.)

How to opt out

  • To stop Grok from training on your X content, first go to “Settings and privacy” from the “More” menu in the navigation panel…

    Samuel Axon

  • Then click or tap “Privacy and safety”…

    Samuel Axon

  • Then “Grok”…

    Samuel Axon

  • And finally, uncheck the box.

    Samuel Axon

You can’t opt out within the iOS or Android apps yet, but you can do so in a few quick steps on either mobile or desktop web. To do so:

  • Click or tap “More” in the nav panel
  • Click or tap “Settings and privacy”
  • Click or tap “Privacy and safety”
  • Scroll down and click or tap “Grok” under “Data sharing and personalization”
  • Uncheck the box “Allow your posts as well as your interactions, inputs, and results with Grok to be used for training and fine-tuning,” which is checked by default.

Alternatively, you can follow this link directly to the settings page and uncheck the box with just one more click. If you’d like, you can also delete your conversation history with Grok here, provided you’ve actually used the chatbot before.

X is training Grok AI on your data—here’s how to stop it Read More »

elon-musk’s-x-tests-letting-users-request-community-notes-on-bad-posts

Elon Musk’s X tests letting users request Community Notes on bad posts

Elon Musk’s X tests letting users request Community Notes on bad posts

Continuing to evolve the fact-checking service that launched as Twitter’s Birdwatch, X has announced that Community Notes can now be requested to clarify problematic posts spreading on Elon Musk’s platform.

X’s Community Notes account confirmed late Thursday that, due to “popular demand,” X had launched a pilot test on the web-based version of the platform. The test is active now and the same functionality will be “coming soon” to Android and iOS, the Community Notes account said.

Through the current web-based pilot, if you’re an eligible user, you can click on the “•••” menu on any X post on the web and request fact-checking from one of Community Notes’ top contributors, X explained. If X receives five or more requests within 24 hours of the post going live, a Community Note will be added.

Only X users with verified phone numbers will be eligible to request Community Notes, X said, and to start, users will be limited to five requests a day.

“The limit may increase if requests successfully result in helpful notes, or may decrease if requests are on posts that people don’t agree need a note,” X’s website said. “This helps prevent spam and keep note writers focused on posts that could use helpful notes.”

Once X receives five or more requests for a Community Note within a single day, top contributors with diverse views will be alerted to respond. On X, top contributors are constantly changing, as their notes are voted as either helpful or not. If at least 4 percent of their notes are rated “helpful,” X explained on its site, and the impact of their notes meets X standards, they can be eligible to receive alerts.

“A contributor’s Top Writer status can always change as their notes are rated by others,” X’s website said.

Ultimately, X considers notes helpful if they “contain accurate, high-quality information” and “help inform people’s understanding of the subject matter in posts,” X said on another part of its site. To gauge the former, X said that the platform partners with “professional reviewers” from the Associated Press and Reuters. X also continually monitors whether notes marked helpful by top writers match what general X users marked as helpful.

“We don’t expect all notes to be perceived as helpful by all people all the time,” X’s website said. “Instead, the goal is to ensure that on average notes that earn the status of Helpful are likely to be seen as helpful by a wide range of people from different points of view, and not only be seen as helpful by people from one viewpoint.”

X will also be allowing half of the top contributors to request notes during the pilot phase, which X said will help the platform evaluate “whether it is beneficial for Community Notes contributors to have both the ability to write notes and request notes.”

According to X, the criteria for requesting a note have intentionally been designed to be simple during the pilot stage, but X expects “these criteria to evolve, with the goal that requests are frequently found valuable to contributors, and not noisy.”

It’s hard to tell from the outside looking in how helpful Community Notes are to X users. The most recent Community Notes survey data that X points to is from 2022 when the platform was still called Twitter and the fact-checking service was still called Birdwatch.

That data showed that “on average,” users were “20–40 percent less likely to agree with the substance of a potentially misleading Tweet than someone who sees the Tweet alone.” And based on Twitter’s “internal data” at that time, the platform also estimated that “people on Twitter who see notes are, on average, 15–35 percent less likely to Like or Retweet a Tweet than someone who sees the Tweet alone.”

Elon Musk’s X tests letting users request Community Notes on bad posts Read More »

sky-voice-actor-says-nobody-ever-compared-her-to-scarjo-before-openai-drama

Sky voice actor says nobody ever compared her to ScarJo before OpenAI drama

Scarlett Johansson attends the Golden Heart Awards in 2023.

Enlarge / Scarlett Johansson attends the Golden Heart Awards in 2023.

OpenAI is sticking to its story that it never intended to copy Scarlett Johansson’s voice when seeking an actor for ChatGPT’s “Sky” voice mode.

The company provided The Washington Post with documents and recordings clearly meant to support OpenAI CEO Sam Altman’s defense against Johansson’s claims that Sky was made to sound “eerily similar” to her critically acclaimed voice acting performance in the sci-fi film Her.

Johansson has alleged that OpenAI hired a soundalike to steal her likeness and confirmed that she declined to provide the Sky voice. Experts have said that Johansson has a strong case should she decide to sue OpenAI for violating her right to publicity, which gives the actress exclusive rights to the commercial use of her likeness.

In OpenAI’s defense, The Post reported that the company’s voice casting call flier did not seek a “clone of actress Scarlett Johansson,” and initial voice test recordings of the unnamed actress hired to voice Sky showed that her “natural voice sounds identical to the AI-generated Sky voice.” Because of this, OpenAI has argued that “Sky’s voice is not an imitation of Scarlett Johansson.”

What’s more, an agent for the unnamed Sky actress who was cast—both granted anonymity to protect her client’s safety—confirmed to The Post that her client said she was never directed to imitate either Johansson or her character in Her. She simply used her own voice and got the gig.

The agent also provided a statement from her client that claimed that she had never been compared to Johansson before the backlash started.

This all “feels personal,” the voice actress said, “being that it’s just my natural voice and I’ve never been compared to her by the people who do know me closely.”

However, OpenAI apparently reached out to Johansson after casting the Sky voice actress. During outreach last September and again this month, OpenAI seemed to want to substitute the Sky voice actress’s voice with Johansson’s voice—which is ironically what happened when Johansson got cast to replace the original actress hired to voice her character in Her.

Altman has clarified that timeline in a statement provided to Ars that emphasized that the company “never intended” Sky to sound like Johansson. Instead, OpenAI tried to snag Johansson to voice the part after realizing—seemingly just as Her director Spike Jonze did—that the voice could potentially resonate with more people if Johansson did it.

“We are sorry to Ms. Johansson that we didn’t communicate better,” Altman’s statement said.

Johansson has not yet made any public indications that she intends to sue OpenAI over this supposed miscommunication. But if she did, legal experts told The Post and Reuters that her case would be strong because of legal precedent set in high-profile lawsuits raised by singers Bette Midler and Tom Waits blocking companies from misappropriating their voices.

Why Johansson could win if she sued OpenAI

In 1988, Bette Midler sued Ford Motor Company for hiring a soundalike to perform Midler’s song “Do You Want to Dance?” in a commercial intended to appeal to “young yuppies” by referencing popular songs from their college days. Midler had declined to do the commercial and accused Ford of exploiting her voice to endorse its product without her consent.

This groundbreaking case proved that a distinctive voice like Midler’s cannot be deliberately imitated to sell a product. It did not matter that the singer used in the commercial had used her natural singing voice, because “a number of people” told Midler that the performance “sounded exactly” like her.

Midler’s case set a powerful precedent preventing companies from appropriating parts of performers’ identities—essentially stopping anyone from stealing a well-known voice that otherwise could not be bought.

“A voice is as distinctive and personal as a face,” the court ruled, concluding that “when a distinctive voice of a professional singer is widely known and is deliberately imitated in order to sell a product, the sellers have appropriated what is not theirs.”

Like in Midler’s case, Johansson could argue that plenty of people think that the Sky voice sounds like her and that OpenAI’s product might be more popular if it had a Her-like voice mode. Comics on popular late-night shows joked about the similarity, including Johansson’s husband, Saturday Night Live comedian Colin Jost. And other people close to Johansson agreed that Sky sounded like her, Johansson has said.

Johansson’s case differs from Midler’s case seemingly primarily because of the casting timeline that OpenAI is working hard to defend.

OpenAI seems to think that because Johansson was offered the gig after the Sky voice actor was cast that she has no case to claim that they hired the other actor after she declined.

The timeline may not matter as much as OpenAI may think, though. In the 1990s, Tom Waits cited Midler’s case when he won a $2.6 million lawsuit after Frito-Lay hired a Waits impersonator to perform a song that “echoed the rhyming word play” of a Waits song in a Doritos commercial. Waits won his suit even though Frito-Lay never attempted to hire the singer before casting the soundalike.

Sky voice actor says nobody ever compared her to ScarJo before OpenAI drama Read More »

openai-pauses-chatgpt-4o-voice-that-fans-said-ripped-off-scarlett-johansson

OpenAI pauses ChatGPT-4o voice that fans said ripped off Scarlett Johansson

“Her” —

“Sky’s voice is not an imitation of Scarlett Johansson,” OpenAI insists.

Scarlett Johansson and Joaquin Phoenix attend <em>Her</em> premiere during the 8th Rome Film Festival at Auditorium Parco Della Musica on November 10, 2013, in Rome, Italy.  ” src=”https://cdn.arstechnica.net/wp-content/uploads/2024/05/GettyImages-187586586-800×534.jpg”></img><figcaption>
<p><a data-height=Enlarge / Scarlett Johansson and Joaquin Phoenix attend Her premiere during the 8th Rome Film Festival at Auditorium Parco Della Musica on November 10, 2013, in Rome, Italy.

OpenAI has paused a voice mode option for ChatGPT-4o, Sky, after backlash accusing the AI company of intentionally ripping off Scarlett Johansson’s critically acclaimed voice-acting performance in the 2013 sci-fi film Her.

In a blog defending their casting decision for Sky, OpenAI went into great detail explaining its process for choosing the individual voice options for its chatbot. But ultimately, the company seemed pressed to admit that Sky’s voice was just too similar to Johansson’s to keep using it, at least for now.

“We believe that AI voices should not deliberately mimic a celebrity’s distinctive voice—Sky’s voice is not an imitation of Scarlett Johansson but belongs to a different professional actress using her own natural speaking voice,” OpenAI’s blog said.

OpenAI is not naming the actress, or any of the ChatGPT-4o voice actors, to protect their privacy.

A week ago, OpenAI CEO Sam Altman seemed to invite this controversy by posting “her” on X (formerly Twitter) after announcing the ChatGPT audio-video features that he said made it more “natural” for users to interact with the chatbot.

Altman has said that Her, a movie about a man who falls in love with his virtual assistant, is among his favorite movies. He told conference attendees at Dreamforce last year that the movie “was incredibly prophetic” when depicting “interaction models of how people use AI,” The San Francisco Standard reported. And just last week, Altman touted GPT-4o’s new voice mode by promising, “it feels like AI from the movies.”

But OpenAI’s chief technology officer, Mira Murati, has said that GPT-4o’s voice modes were less inspired by Her than by studying the “really natural, rich, and interactive” aspects of human conversation, The Wall Street Journal reported.

In 2013, of course, critics praised Johansson’s Her performance as expressively capturing a wide range of emotions, which is exactly what Murati described as OpenAI’s goals for its chatbot voices. Rolling Stone noted how effectively Johansson naturally navigated between “tones sweet, sexy, caring, manipulative, and scary.” Johansson achieved this, the Hollywood Reporter said, by using a “vivacious female voice that breaks attractively but also has an inviting deeper register.”

Her director/screenwriter Spike Jonze was so intent on finding the right voice for his film’s virtual assistant that he replaced British actor Samantha Morton late in the film’s production. According to Vulture, Jonze realized that Morton’s “maternal, loving, vaguely British, and almost ghostly” voice didn’t fit his film as well as Johansson’s “younger,” “more impassioned” voice, which he said brought “more yearning.”

Late-night shows had fun mocking OpenAI’s demo featuring the Sky voice, which showed the chatbot seemingly flirting with engineers, giggling through responses like “oh, stop it. You’re making me blush.” Where The New York Times described these demo interactions as Sky being “deferential and wholly focused on the user,” The Daily Show‘s Desi Lydic joked that Sky was “clearly programmed to feed dudes’ egos.”

OpenAI is likely hoping to avoid any further controversy amidst plans to roll out more voices soon that its blog said will “better match the diverse interests and preferences of users.”

OpenAI did not immediately respond to Ars’ request for comment.

Voice actors versus AI

The OpenAI controversy arrives at a moment when many are questioning AI’s impact on creative communities, triggering early lawsuits from artists and book authors. Just this month, Sony opted all of its artists out of AI training to stop voice clones from ripping off top talents like Adele and Beyoncé.

Voice actors, too, have been monitoring increasingly sophisticated AI voice generators, waiting to see what threat AI might pose to future work opportunities. Recently, two actors sued an AI start-up called Lovo that they claimed “illegally used recordings of their voices to create technology that can compete with their voice work,” The New York Times reported. According to that lawsuit, Lovo allegedly used the actors’ actual voice clips to clone their voices.

“We don’t know how many other people have been affected,” the actors’ lawyer, Steve Cohen, told The Times.

Rather than replace voice actors, OpenAI’s blog said that they are striving to support the voice industry when creating chatbots that will laugh at your jokes or mimic your mood. On top of paying voice actors “compensation above top-of-market rates,” OpenAI said they “worked with industry-leading casting and directing professionals to narrow down over 400 submissions” to the five voice options in the initial roll-out of audio-video features.

Their goals in hiring voice actors were to hire talents “from diverse backgrounds or who could speak multiple languages,” casting actors who had voices that feel “timeless” and “inspire trust.” To OpenAI, that meant finding actors who have a “warm, engaging, confidence-inspiring, charismatic voice with rich tone” that sounds “natural and easy to listen to.”

For ChatGPT-4o’s first five voice actors, the gig lasted about five months before leading to more work, OpenAI said.

“We are continuing to collaborate with the actors, who have contributed additional work for audio research and new voice capabilities in GPT-4o,” OpenAI said.

Arguably, these actors are helping to train AI tools that could one day replace them, though. Backlash defending Johansson—one of the world’s highest-paid actors—perhaps shows that fans won’t take direct mimicry of any of Hollywood’s biggest stars lightly, though.

While criticism of the Sky voice seemed widespread, some fans seemed to think that OpenAI has overreacted by pausing the Sky voice.

NYT critic Alissa Wilkinson wrote that it was only “a tad jarring” to hear Sky’s voice because “she sounded a whole lot” like Johansson. And replying to OpenAI’s X post announcing its decision to pull the voice feature for now, a clump of fans protested the AI company’s “bad decision,” with some complaining that Sky was the “best” and “hottest” voice.

At least one fan noted that OpenAI’s decision seemed to hurt the voice actor behind Sky most.

“Super unfair for the Sky voice actress,” a user called Ate-a-Pi wrote. “Just because she sounds like ScarJo, now she can never make money again. Insane.”

OpenAI pauses ChatGPT-4o voice that fans said ripped off Scarlett Johansson Read More »

robert-f-kennedy-jr.-sues-meta,-citing-chatbot’s-reply-as-evidence-of-shadowban

Robert F. Kennedy Jr. sues Meta, citing chatbot’s reply as evidence of shadowban

Screenshot from the documentary <em>Who Is Bobby Kennedy?</em>” src=”https://cdn.arstechnica.net/wp-content/uploads/2024/05/Who-Is-Bobby-Kennedy-screenshot-via-YouTube-800×422.jpg”></img><figcaption>
<p><a data-height=Enlarge / Screenshot from the documentary Who Is Bobby Kennedy?

In a lawsuit that seems determined to ignore that Section 230 exists, Robert F. Kennedy Jr. has sued Meta for allegedly shadowbanning his million-dollar documentary, Who Is Bobby Kennedy? and preventing his supporters from advocating for his presidential campaign.

According to Kennedy, Meta is colluding with the Biden administration to sway the 2024 presidential election by suppressing Kennedy’s documentary and making it harder to support Kennedy’s candidacy. This allegedly has caused “substantial donation losses,” while also violating the free speech rights of Kennedy, his supporters, and his film’s production company, AV24.

Meta had initially restricted the documentary on Facebook and Instagram but later fixed the issue after discovering that the film was mistakenly flagged by the platforms’ automated spam filters.

But Kennedy’s complaint claimed that Meta is still “brazenly censoring speech” by “continuing to throttle, de-boost, demote, and shadowban the film.” In an exhibit, Kennedy’s lawyers attached screenshots representing “hundreds” of Facebook and Instagram users whom Meta allegedly sent threats, intimidated, and sanctioned after they shared the documentary.

Some of these users remain suspended on Meta platforms, the complaint alleged. Others whose temporary suspensions have been lifted claimed that their posts are still being throttled, though, and Kennedy’s lawyers earnestly insisted that an exchange with Meta’s chatbot proves it.

Two days after the documentary’s release, Kennedy’s team apparently asked the Meta AI assistant, “When users post the link whoisbobbykennedy.com, can their followers see the post in their feeds?”

“I can tell you that the link is currently restricted by Meta,” the chatbot answered.

Chatbots, of course, are notoriously inaccurate sources of information, and Meta AI’s terms of service note this. In a section labeled “accuracy,” Meta warns that chatbot responses “may not reflect accurate, complete, or current information” and should always be verified.

Perhaps more significantly, there is little reason to think that Meta’s chatbot would have access to information about internal content moderation decisions.

Techdirt’s Mike Masnick mocked Kennedy’s reliance on the chatbot in the case. He noted that Kennedy seemed to have no evidence of the alleged shadow-banning, while there’s plenty of evidence that Meta’s spam filters accidentally remove non-violative content all the time.

Meta’s chatbot is “just a probabilistic stochastic parrot, repeating a probable sounding answer to users’ questions,” Masnick wrote. “And these idiots think it’s meaningful evidence. This is beyond embarrassing.”

Neither Meta nor Kennedy’s lawyer, Jed Rubenfeld, responded to Ars’ request to comment.

Robert F. Kennedy Jr. sues Meta, citing chatbot’s reply as evidence of shadowban Read More »

google-balks-at-$270m-fine-after-training-ai-on-french-news-sites’-content

Google balks at $270M fine after training AI on French news sites’ content

Google balks at $270M fine after training AI on French news sites’ content

Google has agreed to pay 250 million euros (about $273 million) to settle a dispute in France after breaching years-old commitments to inform and pay French news publishers when referencing and displaying content in both search results and when training Google’s AI-powered chatbot, Gemini.

According to France’s competition watchdog, the Autorité de la Concurrence (ADLC), Google dodged many commitments to deal with publishers fairly. Most recently, it never notified publishers or the ADLC before training Gemini (initially launched as Bard) on publishers’ content or displaying content in Gemini outputs. Google also waited until September 28, 2023, to introduce easy options for publishers to opt out, which made it impossible for publishers to negotiate fair deals for that content, the ADLC found.

“Until this date, press agencies and publishers wanting to opt out of this use had to insert an instruction opposing any crawling of their content by Google, including on the Search, Discover and Google News services,” the ADLC noted, warning that “in the future, the Autorité will be particularly attentive as regards the effectiveness of opt-out systems implemented by Google.”

To address breaches of four out of seven commitments in France—which the ADLC imposed in 2022 for a period of five years to “benefit” publishers by ensuring Google’s ongoing negotiations with them were “balanced”—Google has agreed to “a series of corrective measures,” the ADLC said.

Google is not happy with the fine, which it described as “not proportionate” partly because the fine “doesn’t sufficiently take into account the efforts we have made to answer and resolve the concerns raised—in an environment where it’s very hard to set a course because we can’t predict which way the wind will blow next.”

According to Google, regulators everywhere need to clearly define fair use of content when developing search tools and AI models, so that search companies and AI makers always know “whom we are paying for what.” Currently in France, Google contends, the scope of Google’s commitments has shifted from just general news publishers to now also include specialist publications and listings and comparison sites.

The ADLC agreed that “the question of whether the use of press publications as part of an artificial intelligence service qualifies for protection under related rights regulations has not yet been settled,” but noted that “at the very least,” Google was required to “inform publishers of the use of their content for their Bard software.”

Regarding Bard/Gemini, Google said that it “voluntarily introduced a new technical solution called Google-Extended to make it easier for rights holders to opt out of Gemini without impact on their presence in Search.” It has now also committed to better explain to publishers both “how our products based on generative AI work and how ‘Opt Out’ works.”

Google said that it agreed to the settlement “because it’s time to move on” and “focus on the larger goal of sustainable approaches to connecting people with quality content and on working constructively with French publishers.”

“Today’s fine relates mostly to [a] disagreement about how much value Google derives from news content,” Google’s blog said, claiming that “a lack of clear regulatory guidance and repeated enforcement actions have made it hard to navigate negotiations with publishers, or plan how we invest in news in France in the future.”

What changes did Google agree to make?

Google defended its position as “the first and only platform to have signed significant licensing agreements” in France, benefiting 280 French press publishers and “covering more than 450 publications.”

With these publishers, the ADLC found that Google breached requirements to “negotiate in good faith based on transparent, objective, and non-discriminatory criteria,” to consistently “make a remuneration offer” within three months of a publisher’s request, and to provide information for publishers to “transparently assess their remuneration.”

Google also breached commitments to “inform editors and press agencies of the use of their content by its service Bard” and of Google’s decision to link “the use of press agencies’ and publishers’ content by its artificial intelligence service to the display of protected content on services such as Search, Discover and News.”

Regarding negotiations, the ADLC found that Google not only failed to be transparent with publishers about remuneration, but also failed to keep the ADLC informed of information necessary to monitor whether Google was honoring its commitments to fairly pay publishers. Partly “to guarantee better communication,” Google has agreed to appoint a French-speaking representative in its Paris office, along with other steps the ADLC recommended.

According to the ADLC’s announcement (translated from French), Google seemingly acted sketchy in negotiations by not meeting non-discrimination criteria—and unfavorably treating publishers in different situations identically—and by not mentioning “all the services that could generate revenues for the negotiating party.”

“According to the Autorité, not taking into account differences in attractiveness between content does not allow for an accurate reflection of the contribution of each press agency and publisher to Google’s revenues,” the ADLC said.

Also problematically, Google established a minimum threshold of 100 euros for remuneration that it has now agreed to drop.

This threshold, “in its very principle, introduces discrimination between publishers that, below a certain threshold, are all arbitrarily assigned zero remuneration, regardless of their respective situations,” the ADLC found.

Google balks at $270M fine after training AI on French news sites’ content Read More »

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OpenAI accuses NYT of hacking ChatGPT to set up copyright suit

OpenAI accuses NYT of hacking ChatGPT to set up copyright suit

OpenAI is now boldly claiming that The New York Times “paid someone to hack OpenAI’s products” like ChatGPT to “set up” a lawsuit against the leading AI maker.

In a court filing Monday, OpenAI alleged that “100 examples in which some version of OpenAI’s GPT-4 model supposedly generated several paragraphs of Times content as outputs in response to user prompts” do not reflect how normal people use ChatGPT.

Instead, it allegedly took The Times “tens of thousands of attempts to generate” these supposedly “highly anomalous results” by “targeting and exploiting a bug” that OpenAI claims it is now “committed to addressing.”

According to OpenAI this activity amounts to “contrived attacks” by a “hired gun”—who allegedly hacked OpenAI models until they hallucinated fake NYT content or regurgitated training data to replicate NYT articles. NYT allegedly paid for these “attacks” to gather evidence to support The Times’ claims that OpenAI’s products imperil its journalism by allegedly regurgitating reporting and stealing The Times’ audiences.

“Contrary to the allegations in the complaint, however, ChatGPT is not in any way a substitute for a subscription to The New York Times,” OpenAI argued in a motion that seeks to dismiss the majority of The Times’ claims. “In the real world, people do not use ChatGPT or any other OpenAI product for that purpose. Nor could they. In the ordinary course, one cannot use ChatGPT to serve up Times articles at will.”

In the filing, OpenAI described The Times as enthusiastically reporting on its chatbot developments for years without raising any concerns about copyright infringement. OpenAI claimed that it disclosed that The Times’ articles were used to train its AI models in 2020, but The Times only cared after ChatGPT’s popularity exploded after its debut in 2022.

According to OpenAI, “It was only after this rapid adoption, along with reports of the value unlocked by these new technologies, that the Times claimed that OpenAI had ‘infringed its copyright[s]’ and reached out to demand ‘commercial terms.’ After months of discussions, the Times filed suit two days after Christmas, demanding ‘billions of dollars.'”

Ian Crosby, Susman Godfrey partner and lead counsel for The New York Times, told Ars that “what OpenAI bizarrely mischaracterizes as ‘hacking’ is simply using OpenAI’s products to look for evidence that they stole and reproduced The Times’s copyrighted works. And that is exactly what we found. In fact, the scale of OpenAI’s copying is much larger than the 100-plus examples set forth in the complaint.”

Crosby told Ars that OpenAI’s filing notably “doesn’t dispute—nor can they—that they copied millions of The Times’ works to build and power its commercial products without our permission.”

“Building new products is no excuse for violating copyright law, and that’s exactly what OpenAI has done on an unprecedented scale,” Crosby said.

OpenAI argued that the court should dismiss claims alleging direct copyright, contributory infringement, Digital Millennium Copyright Act violations, and misappropriation, all of which it describes as “legally infirm.” Some fail because they are time-barred—seeking damages on training data for OpenAI’s older models—OpenAI claimed. Others allegedly fail because they misunderstand fair use or are preempted by federal laws.

If OpenAI’s motion is granted, the case would be substantially narrowed.

But if the motion is not granted and The Times ultimately wins—and it might—OpenAI may be forced to wipe ChatGPT and start over.

“OpenAI, which has been secretive and has deliberately concealed how its products operate, is now asserting it’s too late to bring a claim for infringement or hold them accountable. We disagree,” Crosby told Ars. “It’s noteworthy that OpenAI doesn’t dispute that it copied Times works without permission within the statute of limitations to train its more recent and current models.”

OpenAI did not immediately respond to Ars’ request to comment.

OpenAI accuses NYT of hacking ChatGPT to set up copyright suit Read More »

air-canada-must-honor-refund-policy-invented-by-airline’s-chatbot

Air Canada must honor refund policy invented by airline’s chatbot

Blame game —

Air Canada appears to have quietly killed its costly chatbot support.

Air Canada must honor refund policy invented by airline’s chatbot

After months of resisting, Air Canada was forced to give a partial refund to a grieving passenger who was misled by an airline chatbot inaccurately explaining the airline’s bereavement travel policy.

On the day Jake Moffatt’s grandmother died, Moffat immediately visited Air Canada’s website to book a flight from Vancouver to Toronto. Unsure of how Air Canada’s bereavement rates worked, Moffatt asked Air Canada’s chatbot to explain.

The chatbot provided inaccurate information, encouraging Moffatt to book a flight immediately and then request a refund within 90 days. In reality, Air Canada’s policy explicitly stated that the airline will not provide refunds for bereavement travel after the flight is booked. Moffatt dutifully attempted to follow the chatbot’s advice and request a refund but was shocked that the request was rejected.

Moffatt tried for months to convince Air Canada that a refund was owed, sharing a screenshot from the chatbot that clearly claimed:

If you need to travel immediately or have already travelled and would like to submit your ticket for a reduced bereavement rate, kindly do so within 90 days of the date your ticket was issued by completing our Ticket Refund Application form.

Air Canada argued that because the chatbot response elsewhere linked to a page with the actual bereavement travel policy, Moffatt should have known bereavement rates could not be requested retroactively. Instead of a refund, the best Air Canada would do was to promise to update the chatbot and offer Moffatt a $200 coupon to use on a future flight.

Unhappy with this resolution, Moffatt refused the coupon and filed a small claims complaint in Canada’s Civil Resolution Tribunal.

According to Air Canada, Moffatt never should have trusted the chatbot and the airline should not be liable for the chatbot’s misleading information because Air Canada essentially argued that “the chatbot is a separate legal entity that is responsible for its own actions,” a court order said.

Experts told the Vancouver Sun that Moffatt’s case appeared to be the first time a Canadian company tried to argue that it wasn’t liable for information provided by its chatbot.

Tribunal member Christopher Rivers, who decided the case in favor of Moffatt, called Air Canada’s defense “remarkable.”

“Air Canada argues it cannot be held liable for information provided by one of its agents, servants, or representatives—including a chatbot,” Rivers wrote. “It does not explain why it believes that is the case” or “why the webpage titled ‘Bereavement travel’ was inherently more trustworthy than its chatbot.”

Further, Rivers found that Moffatt had “no reason” to believe that one part of Air Canada’s website would be accurate and another would not.

Air Canada “does not explain why customers should have to double-check information found in one part of its website on another part of its website,” Rivers wrote.

In the end, Rivers ruled that Moffatt was entitled to a partial refund of $650.88 in Canadian dollars (CAD) off the original fare (about $482 USD), which was $1,640.36 CAD (about $1,216 USD), as well as additional damages to cover interest on the airfare and Moffatt’s tribunal fees.

Air Canada told Ars it will comply with the ruling and considers the matter closed.

Air Canada’s chatbot appears to be disabled

When Ars visited Air Canada’s website on Friday, there appeared to be no chatbot support available, suggesting that Air Canada has disabled the chatbot.

Air Canada did not respond to Ars’ request to confirm whether the chatbot is still part of the airline’s online support offerings.

Last March, Air Canada’s chief information officer Mel Crocker told the Globe and Mail that the airline had launched the chatbot as an AI “experiment.”

Initially, the chatbot was used to lighten the load on Air Canada’s call center when flights experienced unexpected delays or cancellations.

“So in the case of a snowstorm, if you have not been issued your new boarding pass yet and you just want to confirm if you have a seat available on another flight, that’s the sort of thing we can easily handle with AI,” Crocker told the Globe and Mail.

Over time, Crocker said, Air Canada hoped the chatbot would “gain the ability to resolve even more complex customer service issues,” with the airline’s ultimate goal to automate every service that did not require a “human touch.”

If Air Canada can use “technology to solve something that can be automated, we will do that,” Crocker said.

Air Canada was seemingly so invested in experimenting with AI that Crocker told the Globe and Mail that “Air Canada’s initial investment in customer service AI technology was much higher than the cost of continuing to pay workers to handle simple queries.” It was worth it, Crocker said, because “the airline believes investing in automation and machine learning technology will lower its expenses” and “fundamentally” create “a better customer experience.”

It’s now clear that for at least one person, the chatbot created a more frustrating customer experience.

Experts told the Vancouver Sun that Air Canada may have succeeded in avoiding liability in Moffatt’s case if its chatbot had warned customers that the information that the chatbot provided may not be accurate.

Because Air Canada seemingly failed to take that step, Rivers ruled that “Air Canada did not take reasonable care to ensure its chatbot was accurate.”

“It should be obvious to Air Canada that it is responsible for all the information on its website,” Rivers wrote. “It makes no difference whether the information comes from a static page or a chatbot.”

Air Canada must honor refund policy invented by airline’s chatbot Read More »

openai-experiments-with-giving-chatgpt-a-long-term-conversation-memory

OpenAI experiments with giving ChatGPT a long-term conversation memory

“I remember…the Alamo” —

AI chatbot “memory” will recall facts from previous conversations when enabled.

A pixelated green illustration of a pair of hands looking through file records.

Enlarge / When ChatGPT looks things up, a pair of green pixelated hands look through paper records, much like this. Just kidding.

Benj Edwards / Getty Images

On Tuesday, OpenAI announced that it is experimenting with adding a form of long-term memory to ChatGPT that will allow it to remember details between conversations. You can ask ChatGPT to remember something, see what it remembers, and ask it to forget. Currently, it’s only available to a small number of ChatGPT users for testing.

So far, large language models have typically used two types of memory: one baked into the AI model during the training process (before deployment) and an in-context memory (the conversation history) that persists for the duration of your session. Usually, ChatGPT forgets what you have told it during a conversation once you start a new session.

Various projects have experimented with giving LLMs a memory that persists beyond a context window. (The context window is the hard limit on the number of tokens the LLM can process at once.) The techniques include dynamically managing context history, compressing previous history through summarization, links to vector databases that store information externally, or simply periodically injecting information into a system prompt (the instructions ChatGPT receives at the beginning of every chat).

A screenshot of ChatGPT memory controls provided by OpenAI.

Enlarge / A screenshot of ChatGPT memory controls provided by OpenAI.

OpenAI

OpenAI hasn’t explained which technique it uses here, but the implementation reminds us of Custom Instructions, a feature OpenAI introduced in July 2023 that lets users add custom additions to the ChatGPT system prompt to change its behavior.

Possible applications for the memory feature provided by OpenAI include explaining how you prefer your meeting notes to be formatted, telling it you run a coffee shop and having ChatGPT assume that’s what you’re talking about, keeping information about your toddler that loves jellyfish so it can generate relevant graphics, and remembering preferences for kindergarten lesson plan designs.

Also, OpenAI says that memories may help ChatGPT Enterprise and Team subscribers work together better since shared team memories could remember specific document formatting preferences or which programming frameworks your team uses. And OpenAI plans to bring memories to GPTs soon, with each GPT having its own siloed memory capabilities.

Memory control

Obviously, any tendency to remember information brings privacy implications. You should already know that sending information to OpenAI for processing on remote servers introduces the possibility of privacy leaks and that OpenAI trains AI models on user-provided information by default unless conversation history is disabled or you’re using an Enterprise or Team account.

Along those lines, OpenAI says that your saved memories are also subject to OpenAI training use unless you meet the criteria listed above. Still, the memory feature can be turned off completely. Additionally, the company says, “We’re taking steps to assess and mitigate biases, and steer ChatGPT away from proactively remembering sensitive information, like your health details—unless you explicitly ask it to.”

Users will also be able to control what ChatGPT remembers using a “Manage Memory” interface that lists memory items. “ChatGPT’s memories evolve with your interactions and aren’t linked to specific conversations,” OpenAI says. “Deleting a chat doesn’t erase its memories; you must delete the memory itself.”

ChatGPT’s memory features are not currently available to every ChatGPT account, so we have not experimented with it yet. Access during this testing period appears to be random among ChatGPT (free and paid) accounts for now. “We are rolling out to a small portion of ChatGPT free and Plus users this week to learn how useful it is,” OpenAI writes. “We will share plans for broader roll out soon.”

OpenAI experiments with giving ChatGPT a long-term conversation memory Read More »

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Microsoft in deal with Semafor to create news stories with aid of AI chatbot

a meeting-deadline helper —

Collaboration comes as tech giant faces multibillion-dollar lawsuit from The New York Times.

Cube with Microsoft logo on top of their office building on 8th Avenue and 42nd Street near Times Square in New York City.

Enlarge / Cube with Microsoft logo on top of their office building on 8th Avenue and 42nd Street near Times Square in New York City.

Microsoft is working with media startup Semafor to use its artificial intelligence chatbot to help develop news stories—part of a journalistic outreach that comes as the tech giant faces a multibillion-dollar lawsuit from the New York Times.

As part of the agreement, Microsoft is paying an undisclosed sum of money to Semafor to sponsor a breaking news feed called “Signals.” The companies would not share financial details, but the amount of money is “substantial” to Semafor’s business, said a person familiar with the matter.

Signals will offer a feed of breaking news and analysis on big stories, with about a dozen posts a day. The goal is to offer different points of view from across the globe—a key focus for Semafor since its launch in 2022.

Semafor co-founder Ben Smith emphasized that Signals will be written entirely by journalists, with artificial intelligence providing a research tool to inform posts.

Microsoft on Monday was also set to announce collaborations with journalist organizations including the Craig Newmark School of Journalism, the Online News Association, and the GroundTruth Project.

The partnerships come as media companies have become increasingly concerned over generative AI and its potential threat to their businesses. News publishers are grappling with how to use AI to improve their work and stay ahead of technology, while also fearing that they could lose traffic, and therefore revenue, to AI chatbots—which can churn out humanlike text and information in seconds.

The New York Times in December filed a lawsuit against Microsoft and OpenAI, alleging the tech companies have taken a “free ride” on millions of its articles to build their artificial intelligence chatbots, and seeking billions of dollars in damages.

Gina Chua, Semafor’s executive editor, has been involved in developing Semafor’s AI research tools, which are powered by ChatGPT and Microsoft’s Bing.

“Journalism has always used technology whether it’s carrier pigeons, the telegraph or anything else . . . this represents a real opportunity, a set of tools that are really a quantum leap above many of the other tools that have come along,” Chua said.

For a breaking news event, Semafor journalists will use AI tools to quickly search for reporting and commentary from other news sources across the globe in multiple languages. A Signals post might include perspectives from Chinese, Indian, or Russian media, for example, with Semafor’s reporters summarizing and contextualizing the different points of view, while citing its sources.

Noreen Gillespie, a former Associated Press journalist, joined Microsoft three months ago to forge relationships with news companies. “Journalists need to adopt these tools in order to survive and thrive for another generation,” she said.

Semafor was founded by Ben Smith, the former BuzzFeed editor, and Justin Smith, the former chief executive of Bloomberg Media.

Semafor, which is free to read, is funded by wealthy individuals, including 3G capital founder Jorge Paulo Lemann and KKR co-founder Henry Kravis. The company made more than $10 million in revenue in 2023 and has more than 500,000 subscriptions to its free newsletters. Justin Smith said Semafor was “very close to a profit” in the fourth quarter of 2023.

“What we’re trying to go after is this really weird space of breaking news on the Internet now, in which you have these really splintered, fragmented, rushed efforts to get the first sentence of a story out for search engines . . . and then never really make any effort to provide context,” Ben Smith said.

“We’re trying to go the other way. Here are the confirmed facts. Here are three or four pieces of really sophisticated, meaningful analysis.”

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Microsoft in deal with Semafor to create news stories with aid of AI chatbot Read More »