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Meta pirated and seeded porn for years to train AI, lawsuit says

Evidence may prove Meta seeded more content

Seeking evidence to back its own copyright infringement claims, Strike 3 Holdings searched “its archive of recorded infringement captured by its VXN Scan and Cross Reference tools” and found 47 “IP addresses identified as owned by Facebook infringing its copyright protected Works.”

The data allegedly demonstrates a “continued unauthorized distribution” over “several years.” And Meta allegedly did not stop its seeding after Strike 3 Holdings confronted the tech giant with this evidence—despite the IP data supposedly being verified through an industry-leading provider called Maxmind.

Strike 3 Holdings shared a screenshot of MaxMind’s findings. Credit: via Strike 3 Holdings’ complaint

Meta also allegedly attempted to “conceal its BitTorrent activities” through “six Virtual Private Clouds” that formed a “stealth network” of “hidden IP addresses,” the lawsuit alleged, which seemingly implicated a “major third-party data center provider” as a partner in Meta’s piracy.

An analysis of these IP addresses allegedly found “data patterns that matched infringement patterns seen on Meta’s corporate IP Addresses” and included “evidence of other activity on the BitTorrent network including ebooks, movies, television shows, music, and software.” The seemingly non-human patterns documented on both sets of IP addresses suggest the data was for AI training and not for personal use, Strike 3 Holdings alleged.

Perhaps most shockingly, considering that a Meta employee joked “torrenting from a corporate laptop doesn’t feel right,” Strike 3 Holdings further alleged that it found “at least one residential IP address of a Meta employee” infringing its copyrighted works. That suggests Meta may have directed an employee to torrent pirated data outside the office to obscure the data trail.

The adult site operator did not identify the employee or the major data center discussed in its complaint, noting in a subsequent filing that it recognized the risks to Meta’s business and its employees’ privacy of sharing sensitive information.

In total, the company alleged that evidence shows “well over 100,000 unauthorized distribution transactions” linked to Meta’s corporate IPs. Strike 3 Holdings is hoping the evidence will lead a jury to find Meta liable for direct copyright infringement or charge Meta with secondary and vicarious copyright infringement if the jury finds that Meta successfully distanced itself by using the third-party data center or an employee’s home IP address.

“Meta has the right and ability to supervise and/or control its own corporate IP addresses, as well as the IP addresses hosted in off-infra data centers, and the acts of its employees and agents infringing Plaintiffs’ Works through their residential IPs by using Meta’s AI script to obtain content through BitTorrent,” the complaint said.

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Supreme Court upholds Texas porn law that caused Pornhub to leave the state

Justice Elena Kagan filed a dissenting opinion that was joined by Sonia Sotomayor and Ketanji Brown Jackson. Kagan said that in similar cases, the court applied strict scrutiny, “a highly rigorous but not fatal form of constitutional review, to laws regulating protected speech based on its content.”

“Texas’s law defines speech by content and tells people entitled to view that speech that they must incur a cost to do so,” Kagan wrote. “That is, under our First Amendment law, a direct (not incidental) regulation of speech based on its content—which demands strict scrutiny.”

The Texas law applies to websites in which more than one-third of the content “is sexual material harmful to minors.” Kagan described the law’s ID requirement as a deterrent to exercising one’s First Amendment rights.

“It is turning over information about yourself and your viewing habits—respecting speech many find repulsive—to a website operator, and then to… who knows? The operator might sell the information; the operator might be hacked or subpoenaed,” Kagan’s dissent said. The law requires website users to verify their ages by submitting “a ‘government-issued identification’ like a driver’s license or ‘transactional data’ associated with things like a job or mortgage,” Kagan wrote.

Limiting no more speech than necessary

Under strict scrutiny, the court must ask whether the law is “the least restrictive means of achieving a compelling state interest,” Kagan wrote. A state facing that standard must show it has limited no more adult speech than is necessary to achieve its goal.

“Texas can of course take measures to prevent minors from viewing obscene-for-children speech. But if a scheme other than H. B. 1181 can just as well accomplish that objective and better protect adults’ First Amendment freedoms, then Texas should have to adopt it (or at least demonstrate some good reason not to),” Kagan wrote.

The majority decision said that applying strict scrutiny “would call into question all age-verification requirements, even longstanding in-person requirements.” It also said the previous rulings cited in the dissent “all involved laws that banned both minors and adults from accessing speech that was at most obscene only to minors. The Court has never before considered whether the more modest burden of an age-verification requirement triggers strict scrutiny.”

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After AI-generated porn report, Washington Lottery pulls down interactive web app

You could be a winner! —

User says promo site put her uploaded selfie on a topless woman’s body.

A user of the Washington Lottery's

Enlarge / A user of the Washington Lottery’s “Test Drive a Win” website says it used AI to generate (the unredacted version of) this image with her face on a topless body.

The Washington State Lottery has taken down a promotional AI-powered web app after a local mother reported that the site generated an image with her face on the body of a topless woman.

The lottery’s “Test Drive a Win” website was designed to help visitors visualize various dream vacations they could pay for with their theoretical lottery winnings. The site included the ability to upload a headshot that would be integrated into an AI-generated tableau of what you might look like on that vacation.

But Megan (last name not given), a 50-year-old from Olympia suburb Tumwater, told conservative Seattle radio host Jason Rantz that the image of her “swim with the sharks” dream vacation on the website showed her face atop a woman sitting on a bed with her breasts exposed. The background of the AI-generated image seems to show the bed in some sort of aquarium, complete with fish floating through the air and sprawling undersea flora sitting awkwardly behind the pillows.

The corner of the image features the Washington Lottery logo.

“Our tax dollars are paying for that! I was completely shocked. It’s disturbing to say the least,” Megan told Rantz. “I also think whoever was responsible for it should be fired.”

“We don’t want something like this purported event to happen again”

The non-functional

Enlarge / The non-functional “Test Drive a Win” website as it appeared Thursday.

In a statement provided to Ars Technica, a Washington Lottery spokesperson said that the lottery “worked closely with the developers of the AI platform to establish strict parameters to govern image creation.” Despite this, the spokesperson said they were notified earlier this week that “a single user of the AI platform was purportedly provided an image that did not adhere to those guidelines.”

Despite what the spokesperson said were “thousands” of inoffensive images that the site generated in over a month, the spokesperson said that “one purported user is too many and as a result we have shut down the site” as of Tuesday.

The spokesperson did not respond to specific questions about which AI models or third-party vendors may have been used to create the site or on the specific safeguards that were crafted in an attempt to prevent results like the one reported by Megan.

Speaking to Rantz, a lottery spokesperson said the organization had “agreed to a comprehensive set of rules” for the site’s AI images, “including that people in images be fully clothed.” Following the report of the topless image, the spokesperson said they “had the developers check all the parameters for the platform.” And while they were “comfortable with the settings,” the spokesperson told Rantz they “chose to take down the site out of an abundance of caution, as we don’t want something like this purported event to happen again.”

Not a quick fix?

On his radio show, Rantz expressed surprise that the lottery couldn’t keep the site operational after rejiggering the AI’s safety settings. “In my head I was thinking, well, presumably once they heard about this they went back to the backend guidelines and just made sure it said, ‘Hey, no breasts, no full-frontal nudity,’ those kinds of things, and then they fixed it, and then they went on with their day,” Rantz said.

But it might not be that simple to effectively rein in the endless variety of visual output an AI model can generate. While models like Stable Diffusion and DALL-E have filters in place to prevent the generation of sexual or violent images, researchers have found that those models still responded to problematic prompts by generating images that were judged as “unsafe” by an image classifier a significant minority of the time. Malicious users can also use prompt-engineering tricks to get around these built-in safeguards when using popular text-based image-generation models.

We’ve seen these kinds of AI image-safety issues blow back on major corporations, too, as when Facebook’s AI sticker generator put weapons in the hands of children’s cartoon characters. More recently, a Microsoft engineer publicly accused the company’s Copilot image-generation tool of randomly creating violent and sexual imagery even after the team was warned of the issue.

The Washington Lottery’s AI issue comes a week after a report found a New York City government chatbot confabulating incorrect advice about city laws and regulations. “It’s wrong in some areas and we gotta fix it,” New York City Mayor Eric Adams said this week. “Any time you use technology, you need to put it in the real environment to iron out the kinks. You can’t live in a lab. You can’t stay in a lab forever.”

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