thank you to our tanks for having me here this is incredible honor and great
here this is incredible honor and great
here this is incredible honor and great pleasure to be talking to everyone here
pleasure to be talking to everyone here
pleasure to be talking to everyone here today so the title of my speech is do
today so the title of my speech is do
today so the title of my speech is do robots app free speech and you may be
robots app free speech and you may be
robots app free speech and you may be wondering what does either of your law
wondering what does either of your law
wondering what does either of your law student know about robots let alone code
student know about robots let alone code
student know about robots let alone code or anything like that it’s been well
or anything like that it’s been well
or anything like that it’s been well known that most law students know
known that most law students know
known that most law students know nothing about code and I’d say okay
nothing about code and I’d say okay
nothing about code and I’d say okay maybe that’s generally true um Steph
maybe that’s generally true um Steph
maybe that’s generally true um Steph league in my case as well um but the
league in my case as well um but the
league in my case as well um but the story of word of this sort of came from
story of word of this sort of came from
story of word of this sort of came from was that back in december i had the
was that back in december i had the
was that back in december i had the opportunity to go see conference in
opportunity to go see conference in
opportunity to go see conference in seven where a where Aaron Pettigrew
seven where a where Aaron Pettigrew
seven where a where Aaron Pettigrew gawker gave us short speech short
gawker gave us short speech short
gawker gave us short speech short presentation on the use of new
presentation on the use of new
presentation on the use of new technologies to micro target messages to
technologies to micro target messages to
technologies to micro target messages to individuals in the course of a campaign
individuals in the course of a campaign
individuals in the course of a campaign and one of these your technologies is
and one of these your technologies is
and one of these your technologies is boss and that piqued my interest they
boss and that piqued my interest they
boss and that piqued my interest they said you know it may be what I’m going
said you know it may be what I’m going
said you know it may be what I’m going to do is I’m going to research this and
to do is I’m going to research this and
to do is I’m going to research this and so this presentation is the result of
so this presentation is the result of
so this presentation is the result of this research which is still ongoing but
this research which is still ongoing but
this research which is still ongoing but it’s kind of Justin shared with you
it’s kind of Justin shared with you
it’s kind of Justin shared with you results we’ve seen so far so um I’ll
results we’ve seen so far so um I’ll
results we’ve seen so far so um I’ll admit the title is votes Ingenuus
admit the title is votes Ingenuus
admit the title is votes Ingenuus because I’m not really talking about
because I’m not really talking about
because I’m not really talking about robots like this little guy i’m also not
robots like this little guy i’m also not
robots like this little guy i’m also not talking about things like Siri or
talking about things like Siri or
talking about things like Siri or Amazon’s Alexa all those I mean else is
Amazon’s Alexa all those I mean else is
Amazon’s Alexa all those I mean else is my department when I’m talking about our
my department when I’m talking about our
my department when I’m talking about our automated social media accounts AK this
automated social media accounts AK this
automated social media accounts AK this stuff so like in popcorn and receipt
stuff so like in popcorn and receipt
stuff so like in popcorn and receipt sort of your garden-variety Twitter bot
sort of your garden-variety Twitter bot
sort of your garden-variety Twitter bot which has some algorithm where you know
which has some algorithm where you know
which has some algorithm where you know they’re basically posting different
they’re basically posting different
they’re basically posting different peoples Twitter handles this line did
peoples Twitter handles this line did
peoples Twitter handles this line did you know that Facebook is disabling
you know that Facebook is disabling
you know that Facebook is disabling accounts of activists um not true and
accounts of activists um not true and
accounts of activists um not true and then I’m also below 28 weeks which if
then I’m also below 28 weeks which if
then I’m also below 28 weeks which if you haven’t heard of was a Microsoft
you haven’t heard of was a Microsoft
you haven’t heard of was a Microsoft experiment to create artisan an
experiment to create artisan an
experiment to create artisan an artificial intelligence teenage girl on
artificial intelligence teenage girl on
artificial intelligence teenage girl on Twitter um it didn’t end well it lasted
Twitter um it didn’t end well it lasted
Twitter um it didn’t end well it lasted about 24 hours and then rhythmic
about 24 hours and then rhythmic
about 24 hours and then rhythmic catastrophe if you want to know more
catastrophe if you want to know more
catastrophe if you want to know more just ask me in human
just ask me in human
just ask me in human about that so what are the uses of these
about that so what are the uses of these
about that so what are the uses of these box so generally speaking de as
box so generally speaking de as
box so generally speaking de as programmers and the platforms um become
programmers and the platforms um become
programmers and the platforms um become more sophisticated and AI becomes more
more sophisticated and AI becomes more
more sophisticated and AI becomes more robust the uses of bots for liberation
robust the uses of bots for liberation
robust the uses of bots for liberation increases and so I link sure to bump
increases and so I link sure to bump
increases and so I link sure to bump into two categories there’s benign uses
into two categories there’s benign uses
into two categories there’s benign uses and there’s malicious pieces so but nine
and there’s malicious pieces so but nine
and there’s malicious pieces so but nine uses can include something like having a
uses can include something like having a
uses can include something like having a bog on Twitter that gives you a weather
bog on Twitter that gives you a weather
bog on Twitter that gives you a weather update we’re automatically post a score
update we’re automatically post a score
update we’re automatically post a score from recent or you meant that healing
from recent or you meant that healing
from recent or you meant that healing work otherwise have to be manually um
work otherwise have to be manually um
work otherwise have to be manually um there’s a reddit box that go around and
there’s a reddit box that go around and
there’s a reddit box that go around and look to see if any links in your post
look to see if any links in your post
look to see if any links in your post broken and there is one finds is just
broken and there is one finds is just
broken and there is one finds is just going to post under you and say hey by
going to post under you and say hey by
going to post under you and say hey by the way buddy here your link is broken
the way buddy here your link is broken
the way buddy here your link is broken you may want to check that those are
you may want to check that those are
you may want to check that those are good uses there’s also some uses of us
good uses there’s also some uses of us
good uses there’s also some uses of us to actually engage people when they use
to actually engage people when they use
to actually engage people when they use things like or racial slurs so there’s
things like or racial slurs so there’s
things like or racial slurs so there’s one guy who published the results in the
one guy who published the results in the
one guy who published the results in the journal club a behavior where you found
journal club a behavior where you found
journal club a behavior where you found that and he had a bot that actually when
that and he had a bot that actually when
that and he had a bot that actually when I’m certain that honest people or
I’m certain that honest people or
I’m certain that honest people or engaged and constructive feedback when
engaged and constructive feedback when
engaged and constructive feedback when they used to certain racial slur that
they used to certain racial slur that
they used to certain racial slur that person that they parted was far less
person that they parted was far less
person that they parted was far less likely to use that score in the future
likely to use that score in the future
likely to use that score in the future which is really cool in my opinion that
which is really cool in my opinion that
which is really cool in my opinion that that’s a good use however um there’s
that’s a good use however um there’s
that’s a good use however um there’s also facts malicious so these can
also facts malicious so these can
also facts malicious so these can include things as sort of entry level
include things as sort of entry level
include things as sort of entry level bad is like retweeting stuff who’s you
bad is like retweeting stuff who’s you
bad is like retweeting stuff who’s you know boosting how many likes of those or
know boosting how many likes of those or
know boosting how many likes of those or downloads on certain posts that you see
downloads on certain posts that you see
downloads on certain posts that you see generally speaking making it seem like
generally speaking making it seem like
generally speaking making it seem like certain posts or ideas are more popular
certain posts or ideas are more popular
certain posts or ideas are more popular or less popular than they actually are
or less popular than they actually are
or less popular than they actually are we’re still there’s also the ability for
we’re still there’s also the ability for
we’re still there’s also the ability for these for these boss to engage big
these for these boss to engage big
these for these boss to engage big speech and for spread this information
speech and for spread this information
speech and for spread this information or lives or conspiracy theories and if
or lives or conspiracy theories and if
or lives or conspiracy theories and if you think this is all sort of abstract
you think this is all sort of abstract
you think this is all sort of abstract is not there’s real consequences to us
is not there’s real consequences to us
is not there’s real consequences to us and just to sort of illustrate that we
and just to sort of illustrate that we
and just to sort of illustrate that we can look at the recent of the recent
can look at the recent of the recent
can look at the recent of the recent incident in DC where a gunman showed up
incident in DC where a gunman showed up
incident in DC where a gunman showed up at a pizzeria because he had read online
at a pizzeria because he had read online
at a pizzeria because he had read online that in the beast of this pizzeria was a
that in the beast of this pizzeria was a
that in the beast of this pizzeria was a secure paedophilia like rain run by
secure paedophilia like rain run by
secure paedophilia like rain run by Hillary
Hillary
Hillary john podesta um so he read this on lock
john podesta um so he read this on lock
john podesta um so he read this on lock and the thing was it started as some
and the thing was it started as some
and the thing was it started as some sort of hoax or a joke or something you
sort of hoax or a joke or something you
sort of hoax or a joke or something you need to read it or fortunate got picked
need to read it or fortunate got picked
need to read it or fortunate got picked up on Twitter but according to Professor
up on Twitter but according to Professor
up on Twitter but according to Professor long are started professor I’ll write
long are started professor I’ll write
long are started professor I’ll write home to pursue belong he found that it
home to pursue belong he found that it
home to pursue belong he found that it turns out that most of the accounts that
turns out that most of the accounts that
turns out that most of the accounts that we’re talking about this weren’t
we’re talking about this weren’t
we’re talking about this weren’t actually people it was us and so it
actually people it was us and so it
actually people it was us and so it seemed like there was this groundswell
seemed like there was this groundswell
seemed like there was this groundswell of common knowledge I’ve all my gosh
of common knowledge I’ve all my gosh
of common knowledge I’ve all my gosh there’s this this pedophilia ring would
there’s this this pedophilia ring would
there’s this this pedophilia ring would really that wasn’t the truth and it led
really that wasn’t the truth and it led
really that wasn’t the truth and it led to very serious consequences that said
to very serious consequences that said
to very serious consequences that said there’s again there’s not just religious
there’s again there’s not just religious
there’s again there’s not just religious or the nine muses there’s also some sort
or the nine muses there’s also some sort
or the nine muses there’s also some sort of in the middle like commercial uses
of in the middle like commercial uses
of in the middle like commercial uses applause so lots of easy sell things and
applause so lots of easy sell things and
applause so lots of easy sell things and if they can sell products they can also
if they can sell products they can also
if they can sell products they can also sell people and ideas and that leads us
sell people and ideas and that leads us
sell people and ideas and that leads us to 2016 election so here we have some
to 2016 election so here we have some
to 2016 election so here we have some research from the University of Oxford
research from the University of Oxford
research from the University of Oxford which looked at tweets during the
which looked at tweets during the
which looked at tweets during the presidential campaign in here is it the
presidential campaign in here is it the
presidential campaign in here is it the general sort of sort of sense of what
general sort of sort of sense of what
general sort of sort of sense of what the tweets are going on during the run
the tweets are going on during the run
the tweets are going on during the run to the debate the black is just general
to the debate the black is just general
to the debate the black is just general angel hashtags red was Pro trunk we was
angel hashtags red was Pro trunk we was
angel hashtags red was Pro trunk we was proclaimed and they analyzed it with
proclaimed and they analyzed it with
proclaimed and they analyzed it with machine learning detect which accounts
machine learning detect which accounts
machine learning detect which accounts were fielder which ones were fake for
were fielder which ones were fake for
were fielder which ones were fake for BOTS I’m in turns out that this green
BOTS I’m in turns out that this green
BOTS I’m in turns out that this green line which is the number of bots making
line which is the number of bots making
line which is the number of bots making these tweets is about twenty percent of
these tweets is about twenty percent of
these tweets is about twenty percent of all the traffic now that’s that’s that’s
all the traffic now that’s that’s that’s
all the traffic now that’s that’s that’s a fair amount and the problem is dead
a fair amount and the problem is dead
a fair amount and the problem is dead unassuming news outlets like CNN more
unassuming news outlets like CNN more
unassuming news outlets like CNN more necessarily we’re discerning between
necessarily we’re discerning between
necessarily we’re discerning between they would just will get topics and
they would just will get topics and
they would just will get topics and we’re trending and it would then we
we’re trending and it would then we
we’re trending and it would then we amplify a message that was already being
amplify a message that was already being
amplify a message that was already being amplified by the use of these plots and
amplified by the use of these plots and
amplified by the use of these plots and so you may step back and say welcome
so you may step back and say welcome
so you may step back and say welcome back what’s the big you you know like
back what’s the big you you know like
back what’s the big you you know like okay so there’s my boss like who cares
okay so there’s my boss like who cares
okay so there’s my boss like who cares they’re just throwing around garbage we
they’re just throwing around garbage we
they’re just throwing around garbage we can all tell the difference between
can all tell the difference between
can all tell the difference between ivana even right right turns out it’s a
ivana even right right turns out it’s a
ivana even right right turns out it’s a lot a lot more difficult so there was
lot a lot more difficult so there was
lot a lot more difficult so there was one experiment 2014 we found that
one experiment 2014 we found that
one experiment 2014 we found that seventy percent lots went undetected by
seventy percent lots went undetected by
seventy percent lots went undetected by Twitter there’s another study from the
Twitter there’s another study from the
Twitter there’s another study from the University of Reading where during an
University of Reading where during an
University of Reading where during an actual Alan Turing test
actual Alan Turing test
actual Alan Turing test we’re sort of flying tank and look into
we’re sort of flying tank and look into
we’re sort of flying tank and look into tech bots they only got it right seventy
tech bots they only got it right seventy
tech bots they only got it right seventy percent of time and got along pretty
percent of time and got along pretty
percent of time and got along pretty time these are people who are like
time these are people who are like
time these are people who are like actively looking for it my hunch is that
actively looking for it my hunch is that
actively looking for it my hunch is that your average user of the internet is not
your average user of the internet is not
your average user of the internet is not not discerning and that’s not because of
not discerning and that’s not because of
not discerning and that’s not because of mrs. so stupid it’s just because um
mrs. so stupid it’s just because um
mrs. so stupid it’s just because um maybe there’s a difference in tech lon
maybe there’s a difference in tech lon
maybe there’s a difference in tech lon savviness for education levels and also
savviness for education levels and also
savviness for education levels and also just in general these bots are getting
just in general these bots are getting
just in general these bots are getting really sophisticated really quickly in
really sophisticated really quickly in
really sophisticated really quickly in fact we’re kind of like terminators um
fact we’re kind of like terminators um
fact we’re kind of like terminators um they like have a face they have a name
they like have a face they have a name
they like have a face they have a name of a profile picture if fabricated geo
of a profile picture if fabricated geo
of a profile picture if fabricated geo locations and pending on how
locations and pending on how
locations and pending on how sophisticated programmer as we move you
sophisticated programmer as we move you
sophisticated programmer as we move you made it they can really actually engage
made it they can really actually engage
made it they can really actually engage with you pretty easily on like an a
with you pretty easily on like an a
with you pretty easily on like an a question or a top or a dialogue so if
question or a top or a dialogue so if
question or a top or a dialogue so if you’re like me and you care about
you’re like me and you care about
you’re like me and you care about whether or not the internet is still in
whether or not the internet is still in
whether or not the internet is still in public domain for public discourse
public domain for public discourse
public domain for public discourse little discourse the exchange of ideas
little discourse the exchange of ideas
little discourse the exchange of ideas exchange of truth for people that
exchange of truth for people that
exchange of truth for people that actually debate persuade each other it
actually debate persuade each other it
actually debate persuade each other it should be a little concerning certainly
should be a little concerning certainly
should be a little concerning certainly Trump campaign was the only campaign
Trump campaign was the only campaign
Trump campaign was the only campaign that did this intended to but the idea
that did this intended to but the idea
that did this intended to but the idea that there’s sort of these armies of
that there’s sort of these armies of
that there’s sort of these armies of matza they’re sort of polluting our our
matza they’re sort of polluting our our
matza they’re sort of polluting our our marketplace of ideas it is alarming and
marketplace of ideas it is alarming and
marketplace of ideas it is alarming and at least a very sort of simple inside
at least a very sort of simple inside
at least a very sort of simple inside which is that as more and more political
which is that as more and more political
which is that as more and more political discourse news online internet all so
discourse news online internet all so
discourse news online internet all so just as an informal poll I just want
just as an informal poll I just want
just as an informal poll I just want people to raise their hands how many of
people to raise their hands how many of
people to raise their hands how many of you in the last like three months got
you in the last like three months got
you in the last like three months got into a debate on facebook or reddit or
into a debate on facebook or reddit or
into a debate on facebook or reddit or something I thought mumble something
something I thought mumble something
something I thought mumble something didn’t know if you okay for those who
didn’t know if you okay for those who
didn’t know if you okay for those who raise your hand how many be done that
raise your hand how many be done that
raise your hand how many be done that with equal or more frequency in real
with equal or more frequency in real
with equal or more frequency in real life okay so service serous same so
life okay so service serous same so
life okay so service serous same so maybe you guys aren’t miss Layton
maybe you guys aren’t miss Layton
maybe you guys aren’t miss Layton representative sample just because maybe
representative sample just because maybe
representative sample just because maybe you guys are more plugged in or activate
you guys are more plugged in or activate
you guys are more plugged in or activate gauge especially if you’re coming to
gauge especially if you’re coming to
gauge especially if you’re coming to attack on politics end but my mic that
attack on politics end but my mic that
attack on politics end but my mic that would be that most people are less
would be that most people are less
would be that most people are less having fewer in person talks and more
having fewer in person talks and more
having fewer in person talks and more online class and so this makes us ask
online class and so this makes us ask
online class and so this makes us ask well what should we do about their
well what should we do about their
well what should we do about their three things so first of all we could
three things so first of all we could
three things so first of all we could talk about it um the very fact that I
talk about it um the very fact that I
talk about it um the very fact that I someone who was working on my campaign
someone who was working on my campaign
someone who was working on my campaign this fall and i think is relatively
this fall and i think is relatively
this fall and i think is relatively plugged into her internet trends didn’t
plugged into her internet trends didn’t
plugged into her internet trends didn’t know about this until about like two
know about this until about like two
know about this until about like two months ago certainly a month after
months ago certainly a month after
months ago certainly a month after election shows that auslly women are the
election shows that auslly women are the
election shows that auslly women are the radar this year but the more we talk
radar this year but the more we talk
radar this year but the more we talk better the more be certain moment lure
better the more be certain moment lure
better the more be certain moment lure people to those are the presents and
people to those are the presents and
people to those are the presents and have a function maybe people will be a
have a function maybe people will be a
have a function maybe people will be a little bit more discerning about what
little bit more discerning about what
little bit more discerning about what they see and what they read on the
they see and what they read on the
they see and what they read on the internet so that’s step one step two is
internet so that’s step one step two is
internet so that’s step one step two is their proposed to be technical solutions
their proposed to be technical solutions
their proposed to be technical solutions and so platforms of what i call it front
and so platforms of what i call it front
and so platforms of what i call it front and make tiny access to api is to sort
and make tiny access to api is to sort
and make tiny access to api is to sort of reduce the number boss they actually
of reduce the number boss they actually
of reduce the number boss they actually want another platform or try to
want another platform or try to
want another platform or try to eliminate them all together with old
eliminate them all together with old
eliminate them all together with old technology old relative sense technology
technology old relative sense technology
technology old relative sense technology length captures on the back end if they
length captures on the back end if they
length captures on the back end if they do want some box on their black arm like
do want some box on their black arm like
do want some box on their black arm like Twitter mike still want some good box
Twitter mike still want some good box
Twitter mike still want some good box and they can use advances additional
and they can use advances additional
and they can use advances additional learning to try to detect which box are
learning to try to detect which box are
learning to try to detect which box are good with robes are bad which one of
good with robes are bad which one of
good with robes are bad which one of violating terms of service and get rid
violating terms of service and get rid
violating terms of service and get rid of that once enjoyed one spouse but this
of that once enjoyed one spouse but this
of that once enjoyed one spouse but this leads to sort of a another interesting
leads to sort of a another interesting
leads to sort of a another interesting scenario which is well if that’s the
scenario which is well if that’s the
scenario which is well if that’s the case are we just bleeding ourselves to a
case are we just bleeding ourselves to a
case are we just bleeding ourselves to a sort of cyber arms race where it’s going
sort of cyber arms race where it’s going
sort of cyber arms race where it’s going to be the pots versus the ante pots um
to be the pots versus the ante pots um
to be the pots versus the ante pots um you know and it’s just going to go on
you know and it’s just going to go on
you know and it’s just going to go on and on and on is there any room where we
and on and on is there any room where we
and on and on is there any room where we can maybe get Congress or the law help
can maybe get Congress or the law help
can maybe get Congress or the law help us on our side and try to prevent this
us on our side and try to prevent this
us on our side and try to prevent this from get this under control and this is
from get this under control and this is
from get this under control and this is a really interesting question and this
a really interesting question and this
a really interesting question and this is where or off whereas I can’t miss
is where or off whereas I can’t miss
is where or off whereas I can’t miss Elise be fun the technical side of
Elise be fun the technical side of
Elise be fun the technical side of things I can talk to you about what
things I can talk to you about what
things I can talk to you about what limitations that might be move along and
limitations that might be move along and
limitations that might be move along and so before I answer this question let me
so before I answer this question let me
so before I answer this question let me just first ensure that this is really
just first ensure that this is really
just first ensure that this is really hypothetical because I mean certainly
hypothetical because I mean certainly
hypothetical because I mean certainly the law lacks the high technology
the law lacks the high technology
the law lacks the high technology generally speaking but on top of that
generally speaking but on top of that
generally speaking but on top of that we’re living the political climate right
we’re living the political climate right
we’re living the political climate right now where it’s very hard to get anything
now where it’s very hard to get anything
now where it’s very hard to get anything done it’s very unlikely Congress who’s
done it’s very unlikely Congress who’s
done it’s very unlikely Congress who’s going to want to have to take the take
going to want to have to take the take
going to want to have to take the take on this issue they don’t really have a
on this issue they don’t really have a
on this issue they don’t really have a full power at the time but if we were
full power at the time but if we were
full power at the time but if we were nonetheless is your task all right well
nonetheless is your task all right well
nonetheless is your task all right well how would you do it if we could do it
how would you do it if we could do it
how would you do it if we could do it what would be clear what would be the
what would be clear what would be the
what would be clear what would be the optimist well the first obstacle is
optimist well the first obstacle is
optimist well the first obstacle is about 200 years old and goes like
about 200 years old and goes like
about 200 years old and goes like it says Congress shall make no law
it says Congress shall make no law
it says Congress shall make no law abridging the freedom of speech in
abridging the freedom of speech in
abridging the freedom of speech in pertinent part that’s the free speech
pertinent part that’s the free speech
pertinent part that’s the free speech Clause of the First Amendment and you
Clause of the First Amendment and you
Clause of the First Amendment and you may say look Byron you have your answer
may say look Byron you have your answer
may say look Byron you have your answer oh I’m just going to try to regulate the
oh I’m just going to try to regulate the
oh I’m just going to try to regulate the use of these pots no not sorry First
use of these pots no not sorry First
use of these pots no not sorry First Amendment that’s it you know it’s like
Amendment that’s it you know it’s like
Amendment that’s it you know it’s like if the programmer has the right to free
if the programmer has the right to free
if the programmer has the right to free speech doesn’t bought 28 hey maybe not
speech doesn’t bought 28 hey maybe not
speech doesn’t bought 28 hey maybe not it’s actually a little more complicated
it’s actually a little more complicated
it’s actually a little more complicated and answer this it’s worth taking a step
and answer this it’s worth taking a step
and answer this it’s worth taking a step back and analyzing the levels of speech
back and analyzing the levels of speech
back and analyzing the levels of speech that actually occurred within the robot
that actually occurred within the robot
that actually occurred within the robot or the bottom the first is the code that
or the bottom the first is the code that
or the bottom the first is the code that goes into the body style and then the
goes into the body style and then the
goes into the body style and then the second is whatever the body is saying
second is whatever the body is saying
second is whatever the body is saying and so because the second level a little
and so because the second level a little
and so because the second level a little bit easier to digest we’re going to
bit easier to digest we’re going to
bit easier to digest we’re going to start with that first so generally
start with that first so generally
start with that first so generally speaking and the First Amendment
speaking and the First Amendment
speaking and the First Amendment whatever a box says is usually protected
whatever a box says is usually protected
whatever a box says is usually protected police’s is productive anything you or I
police’s is productive anything you or I
police’s is productive anything you or I might say so just as for example if i
might say so just as for example if i
might say so just as for example if i make i use fighting words or threaten
make i use fighting words or threaten
make i use fighting words or threaten you or I engage in speech that is likely
you or I engage in speech that is likely
you or I engage in speech that is likely to incite imminent violence those things
to incite imminent violence those things
to incite imminent violence those things weren’t protected under the First
weren’t protected under the First
weren’t protected under the First Amendment just as much as it would be if
Amendment just as much as it would be if
Amendment just as much as it would be if I fed it online for a bot or I said it
I fed it online for a bot or I said it
I fed it online for a bot or I said it to one of you right now person but but
to one of you right now person but but
to one of you right now person but but that’s that said there’s there’s another
that’s that said there’s there’s another
that’s that said there’s there’s another level speech because what if we had
level speech because what if we had
level speech because what if we had Congress by law said fine you can have
Congress by law said fine you can have
Congress by law said fine you can have your box say whatever you want just say
your box say whatever you want just say
your box say whatever you want just say that the published just make sure the
that the published just make sure the
that the published just make sure the box says it’s a bot it just reveals its
box says it’s a bot it just reveals its
box says it’s a bot it just reveals its true identity what about that and that
true identity what about that and that
true identity what about that and that also might have problems and to do that
also might have problems and to do that
also might have problems and to do that if you look at the cover so the code
if you look at the cover so the code
if you look at the cover so the code itself is considered a form of speech at
itself is considered a form of speech at
itself is considered a form of speech at least under some circuit so there’s one
least under some circuit so there’s one
least under some circuit so there’s one case full of universities versus
case full of universities versus
case full of universities versus horribly there’s no case of United
horribly there’s no case of United
horribly there’s no case of United States Bernstein where the second line
States Bernstein where the second line
States Bernstein where the second line service respectively have held that
service respectively have held that
service respectively have held that phone is a form of speech just because
phone is a form of speech just because
phone is a form of speech just because it’s in sign poles most of us are many
it’s in sign poles most of us are many
it’s in sign poles most of us are many of us doesn’t mean that it’s not a
of us doesn’t mean that it’s not a
of us doesn’t mean that it’s not a speech cognizable under the first clinic
speech cognizable under the first clinic
speech cognizable under the first clinic however with the idea that age speech
however with the idea that age speech
however with the idea that age speech dismissal II mean that it’s necessarily
dismissal II mean that it’s necessarily
dismissal II mean that it’s necessarily going to be
going to be
going to be and we run into something called a
and we run into something called a
and we run into something called a compelled speech doctrine which may true
compelled speech doctrine which may true
compelled speech doctrine which may true for a wrinkle to this and illustrate
for a wrinkle to this and illustrate
for a wrinkle to this and illustrate we’re going to look at apple Apple’s
we’re going to look at apple Apple’s
we’re going to look at apple Apple’s recent her bubbles so they call it with
recent her bubbles so they call it with
recent her bubbles so they call it with the FBI so last year the FBI one hack
the FBI so last year the FBI one hack
the FBI so last year the FBI one hack into the iphone of the San Bernardino
into the iphone of the San Bernardino
into the iphone of the San Bernardino shooter and Apple I said we went to
shooter and Apple I said we went to
shooter and Apple I said we went to apple into apple why does some code to
apple into apple why does some code to
apple into apple why does some code to let into the Python and apples like we
let into the Python and apples like we
let into the Python and apples like we politely client I’m so happy I was like
politely client I’m so happy I was like
politely client I’m so happy I was like all right we’re going to go to the poor
all right we’re going to go to the poor
all right we’re going to go to the poor and make you write this code and I was
and make you write this code and I was
and make you write this code and I was like weep lightly fine and so a legal
like weep lightly fine and so a legal
like weep lightly fine and so a legal debate legal incident came before and
debate legal incident came before and
debate legal incident came before and these an apple Rogan emotion we get to
these an apple Rogan emotion we get to
these an apple Rogan emotion we get to the order saying look this is compelled
the order saying look this is compelled
the order saying look this is compelled speech you’re making us speak and it’s
speech you’re making us speak and it’s
speech you’re making us speak and it’s offensive to our poor friend envy you
offensive to our poor friend envy you
offensive to our poor friend envy you may be thinking now who what is this was
may be thinking now who what is this was
may be thinking now who what is this was there any merit to this very milk what
there any merit to this very milk what
there any merit to this very milk what is this compelled speech doctrine and
is this compelled speech doctrine and
is this compelled speech doctrine and the answer that actually was all the way
the answer that actually was all the way
the answer that actually was all the way back to nineteen forty-three in a case
back to nineteen forty-three in a case
back to nineteen forty-three in a case called West West Virginia Board of
called West West Virginia Board of
called West West Virginia Board of Education versus Barnett where the court
Education versus Barnett where the court
Education versus Barnett where the court will have very landmark case that the
will have very landmark case that the
will have very landmark case that the government can’t tell you to express the
government can’t tell you to express the
government can’t tell you to express the opinion or believe that you don’t
opinion or believe that you don’t
opinion or believe that you don’t actually believe it and that’s referring
actually believe it and that’s referring
actually believe it and that’s referring to political opinions it was the case of
to political opinions it was the case of
to political opinions it was the case of a kid didn’t want to recite the Pledge
a kid didn’t want to recite the Pledge
a kid didn’t want to recite the Pledge of Allegiance so FYI done you have
of Allegiance so FYI done you have
of Allegiance so FYI done you have precise budget we do to don’t want to UM
precise budget we do to don’t want to UM
precise budget we do to don’t want to UM on that but the Apple used this argument
on that but the Apple used this argument
on that but the Apple used this argument to say we find writing this code
to say we find writing this code
to say we find writing this code professor so the problem with the Apple
professor so the problem with the Apple
professor so the problem with the Apple FBI debate was never got resolved FBI
FBI debate was never got resolved FBI
FBI debate was never got resolved FBI found a workaround the poor poor case
found a workaround the poor poor case
found a workaround the poor poor case one way we can moon so that we’re never
one way we can moon so that we’re never
one way we can moon so that we’re never actually answered whether or not the be
actually answered whether or not the be
actually answered whether or not the be anything to whether that to the extent
anything to whether that to the extent
anything to whether that to the extent that this and whether or not this
that this and whether or not this
that this and whether or not this counted as compelling speech so here’s
counted as compelling speech so here’s
counted as compelling speech so here’s how is it the way I see it is that code
how is it the way I see it is that code
how is it the way I see it is that code is speech yes but code is a set of
is speech yes but code is a set of
is speech yes but code is a set of instructions to machine and the bot is
instructions to machine and the bot is
instructions to machine and the bot is separate from the coat in fact the bomb
separate from the coat in fact the bomb
separate from the coat in fact the bomb is worth an emergent property of not
is worth an emergent property of not
is worth an emergent property of not just the code that
just the code that
just the code that used to provide it but also the code of
used to provide it but also the code of
used to provide it but also the code of the platform’s it used to interact with
the platform’s it used to interact with
the platform’s it used to interact with interfaces with the wires and the cables
interfaces with the wires and the cables
interfaces with the wires and the cables and servers that create and comprise the
and servers that create and comprise the
and servers that create and comprise the internet and then ultimately you and
internet and then ultimately you and
internet and then ultimately you and your browser where you’re looking at
your browser where you’re looking at
your browser where you’re looking at that bottom reading what it says so the
that bottom reading what it says so the
that bottom reading what it says so the code and the bond are actually sort of
code and the bond are actually sort of
code and the bond are actually sort of different and so looking at what the bog
different and so looking at what the bog
different and so looking at what the bog is used for and the intent behind it I
is used for and the intent behind it I
is used for and the intent behind it I think allows us to make a relatively
think allows us to make a relatively
think allows us to make a relatively relatively colorful distinction so I
relatively colorful distinction so I
relatively colorful distinction so I would say that it’s probably
would say that it’s probably
would say that it’s probably unconstitutional for a poor a precaution
unconstitutional for a poor a precaution
unconstitutional for a poor a precaution passed a law that says if you make a pot
passed a law that says if you make a pot
passed a law that says if you make a pot of your own personal use for you to that
of your own personal use for you to that
of your own personal use for you to that insert code into that box say it is a
insert code into that box say it is a
insert code into that box say it is a month to reveal itself as a pop why be
month to reveal itself as a pop why be
month to reveal itself as a pop why be hey this is your form of three stages
hey this is your form of three stages
hey this is your form of three stages your form of hacktivism this your web
your form of hacktivism this your web
your form of hacktivism this your web making part so your bot if you want to
making part so your bot if you want to
making part so your bot if you want to do that you don’t have to reveal that
do that you don’t have to reveal that
do that you don’t have to reveal that it’s a bottle but if you’re selling
it’s a bottle but if you’re selling
it’s a bottle but if you’re selling balls like the kinds of we’re sold to
balls like the kinds of we’re sold to
balls like the kinds of we’re sold to the Clinton and Trump campaigns this
the Clinton and Trump campaigns this
the Clinton and Trump campaigns this glass election that’s the story because
glass election that’s the story because
glass election that’s the story because they’re you’re not engaging so much of
they’re you’re not engaging so much of
they’re you’re not engaging so much of speech as you are in creating a product
speech as you are in creating a product
speech as you are in creating a product you’re creating an empty signifier that
you’re creating an empty signifier that
you’re creating an empty signifier that someone else is going to use and use to
someone else is going to use and use to
someone else is going to use and use to proliferate their message and that
proliferate their message and that
proliferate their message and that respect government can compel speech so
respect government can compel speech so
respect government can compel speech so we might get around this compelled
we might get around this compelled
we might get around this compelled speech doctrine in the same way that the
speech doctrine in the same way that the
speech doctrine in the same way that the FDA is able to make food manufacturers
FDA is able to make food manufacturers
FDA is able to make food manufacturers put warning labels on the food you eat
put warning labels on the food you eat
put warning labels on the food you eat so no process likes for me that way they
so no process likes for me that way they
so no process likes for me that way they have to study how much sugar in visit
have to study how much sugar in visit
have to study how much sugar in visit and maybe Kellogg thinks that really
and maybe Kellogg thinks that really
and maybe Kellogg thinks that really offensive but too bad they still have to
offensive but too bad they still have to
offensive but too bad they still have to do it so that might be one answer at how
do it so that might be one answer at how
do it so that might be one answer at how we could solve this riddle of when we do
we could solve this riddle of when we do
we could solve this riddle of when we do with thought can we have it always
with thought can we have it always
with thought can we have it always reveal themselves as a lot that when
reveal themselves as a lot that when
reveal themselves as a lot that when you’re going to hear that you know oh
you’re going to hear that you know oh
you’re going to hear that you know oh this is a lot this is the real person
this is a lot this is the real person
this is a lot this is the real person the other way to conceptualize it is
the other way to conceptualize it is
the other way to conceptualize it is that the bot isn’t so much speech act as
that the bot isn’t so much speech act as
that the bot isn’t so much speech act as it is like a billboard it’s a medium and
it is like a billboard it’s a medium and
it is like a billboard it’s a medium and the Constitution allows us to regulate
the Constitution allows us to regulate
the Constitution allows us to regulate media with content neutral time and
media with content neutral time and
media with content neutral time and place restrictions so a law saying that
place restrictions so a law saying that
place restrictions so a law saying that billboards have to be 20 micro defeat is
billboards have to be 20 micro defeat is
billboards have to be 20 micro defeat is totally constitutional similarly a law
totally constitutional similarly a law
totally constitutional similarly a law that says a billboard has to have a
that says a billboard has to have a
that says a billboard has to have a little sign over here that says this is
little sign over here that says this is
little sign over here that says this is a billboard is redundant but still
a billboard is redundant but still
a billboard is redundant but still constitutional and so in theory we could
constitutional and so in theory we could
constitutional and so in theory we could have
have
have we could have this exactly work and
we could have this exactly work and
we could have this exactly work and there’s some precedents of that there’s
there’s some precedents of that there’s
there’s some precedents of that there’s a court case motor be as you see in the
a court case motor be as you see in the
a court case motor be as you see in the Ninth Circuit where they upheld
Ninth Circuit where they upheld
Ninth Circuit where they upheld Congress’s attempt to regulate robo
Congress’s attempt to regulate robo
Congress’s attempt to regulate robo calls and they said regardless of a robo
calls and they said regardless of a robo
calls and they said regardless of a robo call is for a commercial or political
call is for a commercial or political
call is for a commercial or political purpose it’s a time manner in place
purpose it’s a time manner in place
purpose it’s a time manner in place restriction and its content neutral so
restriction and its content neutral so
restriction and its content neutral so that’s okay so there might be an analogy
that’s okay so there might be an analogy
that’s okay so there might be an analogy there it’s plausible about not probable
there it’s plausible about not probable
there it’s plausible about not probable but it’s plausible um but but with that
but it’s plausible um but but with that
but it’s plausible um but but with that I sort of one is conclude with a sort of
I sort of one is conclude with a sort of
I sort of one is conclude with a sort of open questions and say okay even if it’s
open questions and say okay even if it’s
open questions and say okay even if it’s legal to give this to do this regulation
legal to give this to do this regulation
legal to give this to do this regulation should we do it and here are three very
should we do it and here are three very
should we do it and here are three very well-known justices homes Brandeis and
well-known justices homes Brandeis and
well-known justices homes Brandeis and Harlan can be just as a theory free
Harlan can be just as a theory free
Harlan can be just as a theory free speech when we should regulate it and
speech when we should regulate it and
speech when we should regulate it and why and they all have answers to this
why and they all have answers to this
why and they all have answers to this however what I think is sort of a large
however what I think is sort of a large
however what I think is sort of a large web site from las is that you know the
web site from las is that you know the
web site from las is that you know the technology of the future is really going
technology of the future is really going
technology of the future is really going to stretch the wisdom of the past and so
to stretch the wisdom of the past and so
to stretch the wisdom of the past and so welcome to brave new world of box thank
welcome to brave new world of box thank
welcome to brave new world of box thank you
you
you [Applause]
”
Be First to Comment