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EFF Urges Third Circuit to Join the Legal Chorus: No One Owns the Law
Two appeals courts have recently rejected efforts by private parties to use copyright to restrict access to the laws that most directly affect ordinary citizens: regulations that ensure our homes, workplaces, devices, and many other products, are safe and fit for purpose. Apparently hoping the third time will be the charm, a standards organization is asking the Third Circuit Court of Appeals to break ranks and hold that a private party that helps develop a law also gets to own that law. In an amicus brief filed with co-counsel Abigail Burton and Samuel Silver of Welsh & Recker, P.C., on behalf of multiple entities— including Watch Duty, iFixit, Public.Resource.Org, and multiple library associations—EFF urged the court to instead join the judicial consensus and recognize that no one owns the law.
EFF urged the court to join the judicial consensus and recognize that no one owns the law.
This case concerns UpCodes, a company that has created a database of building codes—like the National Electrical Code—that includes codes incorporated by reference into law. ASTM, a private organization that coordinated the development of some of those codes, insists that it retains copyright in them even after they have been adopted into law, and therefore has the right to control how the public accesses and shares them. Fortunately, neither the Constitution nor the Copyright Act support that theory. Faced with similar claims, some courts, including the Fifth Circuit Court of Appeals, have held that the codes lose copyright protection when they are incorporated into law. Others, like the D.C. Circuit Court of Appeals in a case EFF defended on behalf of Public.Resource.Org, have held that, whether or not the legal status of the standards changes once they are incorporated into law, making them fully accessible and usable online is a lawful fair use. A federal court in Pennsylvania followed the latter path in this case, finding that UpCodes’ database was a protected fair use.
The Third Circuit should affirm the ruling, preferably on the alternative ground that standards incorporated into law are necessarily promoted to the public domain. The internet has democratized access to law, making it easier than ever for the public —from journalists to organizers to safety professionals to ordinary concerned citizens —to understand, comment on, and share the myriad regulations that bind us. That work is particularly essential where those regulations are crafted by private parties and made mandatory by regulators with limited public oversight and increasingly limited staffing. Copyright law should not be read to impede it.
The Supreme Court has explained that “every citizen is presumed to know the law, and it needs no argument to show that all should have free access” to it. Apparently, it needs some argument after all, but it is past time for the debate to end.
Related Cases: Freeing the Law with Public.Resource.OrgNew Alliance for Data, Evaluation and Policy Training will advance data-driven decision-making in public policy
On March 25, the Abdul Latif Jameel Poverty Action Lab (J-PAL) at MIT launched the global Alliance for Data, Evaluation, and Policy Training (ADEPT) with Community Jameel at an event in São Paulo, Brazil.
ADEPT is a network of universities, governments, and other members united by a shared vision: To empower the next generation of policymakers, decision-makers, and researchers with the tools to innovate, test, and scale the most effective social policies and programs. These programs have the potential to improve the lives of millions of people around the world.
Too often, policy decisions in governments and other organizations are driven by ideology or guesswork. This can result in ineffective and inefficient policies and programs that don’t always serve their intended populations. ADEPT will bring a scientific perspective to policymaking, focusing on topics like statistical analysis, data science, and rigorous impact evaluation.
Together with J-PAL, members will create innovative pathways for learners that include virtual and in-person courses, develop new academic programs on policy evaluation and data analysis, and cultivate a network of evidence-informed policy professionals to drive change globally.
At the launch event at Insper, a Brazilian higher education institution, MIT economists Esther Duflo, co-founder of J-PAL, and Sara Fisher Ellison, faculty director of ADEPT, spoke about the importance of building a community aligned in support of evidence-informed policymaking.
“Our aim is to create a vision-driven network of institutions around the world able to equip far more people in far more places with the skills and ambition for evidence-informed policymaking,” said Duflo. “We are excited to welcome Insper to the movement and create new opportunities for learners in Brazil.”
Members of the alliance will also have access to the MITx MicroMasters program in Data, Economics, and Design of Policy (DEDP), which offers online courses taught by MIT Department of Economics faculty through MIT’s Office of Open Learning. The program offers graduate-level courses that combine the tools of economics and policy design with a strong foundation in economic and mathematical principles.
Early members of the alliance include Insper, a leading research and training institution in Brazil; the National School of Statistics and Applied Economics of Abidjan in collaboration with the Cote d’Ivorian government; the Paris School of Economics; and Princeton University.
“This unprecedented initiative in Latin America reinforces Insper’s commitment to academic excellence and the internationalization of teaching, providing Brazilian students with access to a globally renowned program,” says Cristine Pinto, Insper’s director of research. “Promoting large-scale impact through research and data analysis is a core objective of Insper, and shared by J-PAL and the expansion of ADEPT.”
Learners who obtain the DEDP MicroMasters credential through ADEPT can accelerate their pursuit of a master’s degree by applying to participating universities, including Insper and MIT, opening doors for learners who may not otherwise have access to leading economics programs.
By empowering learners with the tools and ambition to create meaningful change, ADEPT seeks to accelerate data-driven decision-making at every step of the policymaking process. Ultimately, the hope is that ADEPT’s impact will be felt not only by alliance members and their individual learners, but by millions of people reached by better policies and programs worldwide.
Announcing EFF’s New Exhibit on Border Surveillance and Accompanying Events
EFF has created a traveling exhibit, “Border Surveillance: Places, People, and Technology,” which will make its debut at the Angel Island Immigration Station historical site this spring.
The exhibition on Angel Island in San Francisco Bay will run from April 2, 2025 through May 28, 2025. We would especially like to thank the Angel Island Immigration Station Foundation and Angel Island State Park for their collaboration. You can learn more about the exhibit’s hours of operation and how to visit it here.
For the last several years, EFF has been amassing data and images detailing the massive increase in surveillance technology infrastructure at the U.S.-Mexico border. EFF staff members have made a series of trips along the U.S.-Mexico border, from the California coast to the tip of Texas, to learn from communities on both sides of the border; interview journalists, aid workers, and activists; and map and document border surveillance technology. We created the most complete open-source and publicly-available map of border surveillance infrastructure. We tracked how the border has been used as a laboratory to test new surveillance technologies. We went to court to protect the privacy of digital information for people at the border. We even released a folder of more than 65 open-licensed images of border surveillance technology so that reporters, activists, and scholars can use alternative and open sources of visual information to inform discourse.
Now, we are hoping this traveling exhibit will be a way for us to share some of that information with the public. Think of it as Border Surveillance 101.
We could not ask for a more poignant or significant place to launch this exhibit than at the historic Angel Island Immigration Station. Between 1910 and 1940, hundreds of thousands of immigrants, primarily from Asia, hoping to enter the United States through the San Francisco Bay were detained at Angel Island. After the Chinese Exclusion Act of 1882 prevented Chinese laborers from moving to the United States, immigrants were held on Angel Island for days, months, or in some cases, even years, while they awaited permission to enter the country. Unlike New York City’s Ellis Island, which became a monument to welcoming immigrants, Angel Island became a symbol of exclusion. The walls of the buildings where people awaited rulings on their immigration proceedings to this day,bear inscriptions and carved graffiti that show the depths of their uncertainty, alienation, fear—and hope.
We hope that by juxtaposing the human consequences of historic exclusion with today’s high-tech, digital surveillance under which hopeful immigrants, asylum seekers, and borderlands residents live, we will invite viewers to think about what side of history they want to be on.
If your institution—be it a museum, library, school or community center—is interested in hosting the exhibit in the future, please reach out to Senior Policy Analyst Matthew Guariglia at matthew@eff.org.
ProgramingIn addition to the physical exhibit that you can visit on Angel Island, EFF will host two events to further explore surveillance at the U.S.-Mexico border. On April 3, 2025 from 1-2pm PDT, EFF will be joined by journalists, activists, and researchers that operate on both sides of the border, for a livestream event titled “Life and Migration Under Surveillance at the U.S.-Mexico Border.”
For people in the Bay Area, EFF will host an in-person event in San Francisco titled “Tracking and Documenting Surveillance at the U.S.-Mexico Border” on April 9th, 6-8pm hosted by the Internet Archive. Please check our events page for more information to RSVP.
Collaboration between MIT and GE Vernova aims to develop and scale sustainable energy systems
MIT and GE Vernova today announced the creation of the MIT-GE Vernova Energy and Climate Alliance to help develop and scale sustainable energy systems across the globe.
The alliance launches a five-year collaboration between MIT and GE Vernova, a global energy company that spun off from General Electric’s energy business in 2024. The endeavor will encompass research, education, and career opportunities for students, faculty, and staff across MIT’s five schools and the MIT Schwarzman College of Computing. It will focus on three main themes: decarbonization, electrification, and renewables acceleration.
“This alliance will provide MIT students and researchers with a tremendous opportunity to work on energy solutions that could have real-world impact,” says Anantha Chandrakasan, MIT’s chief innovation and strategy officer and dean of the School of Engineering. “GE Vernova brings domain knowledge and expertise deploying these at scale. When our researchers develop new innovative technologies, GE Vernova is strongly positioned to bring them to global markets.”
Through the alliance, GE Vernova is sponsoring research projects at MIT and providing philanthropic support for MIT research fellowships. The company will also engage with MIT’s community through participation in corporate membership programs and professional education.
“It’s a privilege to combine forces with MIT’s world-class faculty and students as we work together to realize an optimistic, innovation-driven approach to solving the world’s most pressing challenges,” says Scott Strazik, GE Vernova CEO. “Through this alliance, we are proud to be able to help drive new technologies while at the same time inspire future leaders to play a meaningful role in deploying technology to improve the planet at companies like GE Vernova.”
“This alliance embodies the spirit of the MIT Climate Project — combining cutting-edge research, a shared drive to tackle today’s toughest energy challenges, and a deep sense of optimism about what we can achieve together,” says Sally Kornbluth, president of MIT. “With the combined strengths of MIT and GE Vernova, we have a unique opportunity to make transformative progress in the flagship areas of electrification, decarbonization, and renewables acceleration.”
The alliance, comprising a $50 million commitment, will operate within MIT’s Office of Innovation and Strategy. It will fund approximately 12 annual research projects relating to the three themes, as well as three master’s student projects in MIT’s Technology and Policy Program. The research projects will address challenges like developing and storing clean energy, as well as the creation of robust system architectures that help sustainable energy sources like solar, wind, advanced nuclear reactors, green hydrogen, and more compete with carbon-emitting sources.
The projects will be selected by a joint steering committee composed of representatives from MIT and GE Vernova, following an annual Institute-wide call for proposals.
The collaboration will also create approximately eight endowed GE Vernova research fellowships for MIT students, to be selected by faculty and beginning in the fall. There will also be 10 student internships that will span GE Vernova’s global operations, and GE Vernova will also sponsor programming through MIT’s New Engineering Education Transformation (NEET), which equips students with career-oriented experiential opportunities. Additionally, the alliance will create professional education programming for GE Vernova employees.
“The internships and fellowships will be designed to bring students into our ecosystem,” says GE Vernova Chief Corporate Affairs Officer Roger Martella. “Students will walk our factory floor, come to our labs, be a part of our management teams, and see how we operate as business leaders. They’ll get a sense for how what they’re learning in the classroom is being applied in the real world.”
Philanthropic support from GE Vernova will also support projects in MIT’s Human Insight Collaborative (MITHIC), which launched last fall to elevate human-centered research and teaching. The projects will allow faculty to explore how areas like energy and cybersecurity influence human behavior and experiences.
In connection with the alliance, GE Vernova is expected to join several MIT consortia and membership programs, helping foster collaborations and dialogue between industry experts and researchers and educators across campus.
With operations across more than 100 countries, GE Vernova designs, manufactures, and services technologies to generate, transfer, and store electricity with a mission to decarbonize the world. The company is headquartered in Kendall Square, right down the road from MIT, which its leaders say is not a coincidence.
“We’re really good at taking proven technologies and commercializing them and scaling them up through our labs,” Martella says. “MIT excels at coming up with those ideas and being a sort of time machine that thinks outside the box to create the future. That’s why this such a great fit: We both have a commitment to research, innovation, and technology.”
The alliance is the latest in MIT’s rapidly growing portfolio of research and innovation initiatives around sustainable energy systems, which also includes the Climate Project at MIT. Separate from, but complementary to, the MIT-GE Vernova Alliance, the Climate Project is a campus-wide effort to develop technological, behavioral, and policy solutions to some of the toughest problems impeding an effective global climate response.
The Signal Chat Leak and the NSA
US National Security Advisor Mike Waltz, who started the now-infamous group chat coordinating a US attack against the Yemen-based Houthis on March 15, is seemingly now suggesting that the secure messaging service Signal has security vulnerabilities.
"I didn’t see this loser in the group," Waltz told Fox News about Atlantic editor in chief Jeffrey Goldberg, whom Waltz invited to the chat. "Whether he did it deliberately or it happened in some other technical mean, is something we’re trying to figure out."
Waltz’s implication that Goldberg may have hacked his way in was followed by a ...
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For plants, urban heat islands don’t mimic global warming
It’s tricky to predict precisely what the impacts of climate change will be, given the many variables involved. To predict the impacts of a warmer world on plant life, some researchers look at urban “heat islands,” where, because of the effects of urban structures, temperatures consistently run a few degrees higher than those of the surrounding rural areas. This enables side-by-side comparisons of plant responses.
But a new study by researchers at MIT and Harvard University has found that, at least for forests, urban heat islands are a poor proxy for global warming, and this may have led researchers to underestimate the impacts of warming in some cases. The discrepancy, they found, has a lot to do with the limited genetic diversity of urban tree species.
The findings appear in the journal PNAS, in a paper by MIT postdoc Meghan Blumstein, professor of civil and environmental engineering David Des Marais, and four others.
“The appeal of these urban temperature gradients is, well, it’s already there,” says Des Marais. “We can’t look into the future, so why don’t we look across space, comparing rural and urban areas?” Because such data is easily obtainable, methods comparing the growth of plants in cities with similar plants outside them have been widely used, he says, and have been quite useful. Researchers did recognize some shortcomings to this approach, including significant differences in availability of some nutrients such as nitrogen. Still, “a lot of ecologists recognized that they weren’t perfect, but it was what we had,” he says.
Most of the research by Des Marais’ group is lab-based, under conditions tightly controlled for temperature, humidity, and carbon dioxide concentration. While there are a handful of experimental sites where conditions are modified out in the field, for example using heaters around one or a few trees, “those are super small-scale,” he says. “When you’re looking at these longer-term trends that are occurring over space that’s quite a bit larger than you could reasonably manipulate, an important question is, how do you control the variables?”
Temperature gradients have offered one approach to this problem, but Des Marais and his students have also been focusing on the genetics of the tree species involved, comparing those sampled in cities to the same species sampled in a natural forest nearby. And it turned out there were differences, even between trees that appeared similar.
“So, lo and behold, you think you’re only letting one variable change in your model, which is the temperature difference from an urban to a rural setting,” he says, “but in fact, it looks like there was also a genotypic diversity that was not being accounted for.”
The genetic differences meant that the plants being studied were not representative of those in the natural environment, and the researchers found that the difference was actually masking the impact of warming. The urban trees, they found, were less affected than their natural counterparts in terms of when the plants’ leaves grew and unfurled, or “leafed out,” in the spring.
The project began during the pandemic lockdown, when Blumstein was a graduate student. She had a grant to study red oak genotypes across New England, but was unable to travel because of lockdowns. So, she concentrated on trees that were within reach in Cambridge, Massachusetts. She then collaborated with people doing research at the Harvard Forest, a research forest in rural central Massachusetts. They collected three years of data from both locations, including the temperature profiles, the leafing-out timing, and the genetic profiles of the trees. Though the study was looking at red oaks specifically, the researchers say the findings are likely to apply to trees broadly.
At the time, researchers had just sequenced the oak tree genome, and that allowed Blumstein and her colleagues to look for subtle differences among the red oaks in the two locations. The differences they found showed that the urban trees were more resistant to the effects of warmer temperatures than were those in the natural environment.
“Initially, we saw these results and we were sort of like, oh, this is a bad thing,” Des Marais says. “Ecologists are getting this heat island effect wrong, which is true.” Fortunately, this can be easily corrected by factoring in genomic data. “It’s not that much more work, because sequencing genomes is so cheap and so straightforward. Now, if someone wants to look at an urban-rural gradient and make these kinds of predictions, well, that’s fine. You just have to add some information about the genomes.”
It's not surprising that this genetic variation exists, he says, since growers have learned by trial and error over the decades which varieties of trees tend to thrive in the difficult urban environment, with typically poor soil, poor drainage, and pollution. “As a result, there’s just not much genetic diversity in our trees within cities.”
The implications could be significant, Des Marais says. When the Intergovernmental Panel on Climate Change (IPCC) releases its regular reports on the status of the climate, “one of the tools the IPCC has to predict future responses to climate change with respect to temperature are these urban-to-rural gradients.” He hopes that these new findings will be incorporated into their next report, which is just being drafted. “If these results are generally true beyond red oaks, this suggests that the urban heat island approach to studying plant response to temperature is underpredicting how strong that response is.”
The research team included Sophie Webster, Robin Hopkins, and David Basler from Harvard University and Jie Yun from MIT. The work was supported by the National Science Foundation, the Bullard Fellowship at the Harvard Forest, and MIT.
For this computer scientist, MIT Open Learning was the start of a life-changing journey
As a college student in Serbia with a passion for math and physics, Ana Trišović found herself drawn to computer science and its practical, problem-solving approaches. It was then that she discovered MIT OpenCourseWare, part of MIT Open Learning, and decided to study a course on Data Analytics with Python in 2012 — something her school didn’t offer.
That experience was transformative, says Trišović, who is now a research scientist at the FutureTech lab within MIT’s Computer Science and Artificial Intelligence Laboratory.
“That course changed my life,” she says. “Throughout my career, I have considered myself a Python coder, and MIT OpenCourseWare made it possible. I was in my hometown on another continent, learning from MIT world-class resources. When I reflect on my path, it’s incredible.”
Over time, Trišović's path led her to explore a range of OpenCourseWare resources. She recalls that, as a non-native English speaker, some of the materials were challenging. But thanks to the variety of courses and learning opportunities available on OpenCourseWare, she was always able to find ones that suited her. She encourages anyone facing that same challenge to be persistent.
“If the first course doesn’t work for you, try another,” she says. “Being persistent and investing in yourself is the best thing a young person can do.”
In her home country of Serbia, Trišović earned undergraduate degrees in computer science and mechanical engineering before going on to Cambridge University and CERN, where she contributed to work on the Large Hadron Collider and completed her PhD in computer science in 2018. She has also done research at the University of Chicago and Harvard University.
“I like that computer science allows me to make an impact in a range of fields, but physics remains close to my heart, and I’m constantly inspired by it,” she says.
MIT FutureTech, an interdisciplinary research group, draws on computer science, economics, and management to identify computing trends that create risk and opportunities for sustainable economic growth. There, Trišović studies the democratization of AI, including the implications of open-source AI and how that will impact science. Her work at MIT is a chance to build on research she has been pursuing since she was in graduate school.
“My work focuses on computational social science. For many years, I’ve been looking at what's known as 'the science of science' — investigating issues like research reproducibility," Trišović explains. “Now, as AI becomes increasingly prevalent and introduces new challenges, I’m interested in examining a range of topics — from AI democratization to its effects on the scientific method and the broader landscape of science.”
Trišović is grateful that, way back in 2012, she made the decision to try something new and learn with an OpenCourseWare course.
“I instantly fell in love with Python the moment I took that course. I have such a soft spot for OpenCourseWare — it shaped my career,” she says. “Every day at MIT is inspiring. I work with people who are excited to talk about AI and other fascinating topics.”
Friday Squid Blogging: Squid Werewolf Hacking Group
In another rare squid/cybersecurity intersection, APT37 is also known as “Squid Werewolf.”
As usual, you can also use this squid post to talk about the security stories in the news that I haven’t covered.
A Congressional Bill to Limit Court Power Through Injunctions Is a Bad, Transparent Effort to Limit Court Power
Earlier this week, the House Judiciary Committee passed H.R. 1526, a bill by Rep. Darrell Issa to prevent courts from issuing nationwide injunctions. This bill could receive a vote on the House floor as early as next week. Senator Josh Hawley recently introduced a similar bill in the Senate. Both bills would prohibit district courts from handing down injunctive relief orders that apply to parties that are not involved in the case.
EFF opposes both bills. We see this legislation for what it is: a transparent attempt to limit courts' ability to act as an effective check on the Trump administration’s recent flood of illegal orders and actions – some of which EFF itself is challenging. Congress should firmly oppose any effort to prevent the judicial branch from fulfilling its constitutional duty.
Indeed, this is a remedy in search of a problem. There are already well-established tests for injunctive relief: Courts must consider multiple factors, including the strength of the case against the defendant, the potential harms of granting the injunction, what other relief is available, and the public interest. As part of this analysis, courts can and do tailor the relief they grant to what they conclude is necessary to remedy the harm. Nationwide injunctions may be necessary to stop nationwide unlawful conduct. And if an injunction was improperly granted, its target can appeal to have it overturned.
To be clear, EFF doesn’t agree with every grant of nationwide relief. Courts sometimes get it wrong, often because they misinterpret the law they are asked to apply. If Congress wants to fix that kind of problem, it should draft specific legislation to reform or clarify specific laws. It should not, and cannot, rewrite our Constitutional system of checks and balances just because it doesn’t like some of the outcomes.
FEMA blocks $10B in disaster aid over immigration concerns
AIs as Trusted Third Parties
This is a truly fascinating paper: “Trusted Machine Learning Models Unlock Private Inference for Problems Currently Infeasible with Cryptography.” The basic idea is that AIs can act as trusted third parties:
Abstract: We often interact with untrusted parties. Prioritization of privacy can limit the effectiveness of these interactions, as achieving certain goals necessitates sharing private data. Traditionally, addressing this challenge has involved either seeking trusted intermediaries or constructing cryptographic protocols that restrict how much data is revealed, such as multi-party computations or zero-knowledge proofs. While significant advances have been made in scaling cryptographic approaches, they remain limited in terms of the size and complexity of applications they can be used for. In this paper, we argue that capable machine learning models can fulfill the role of a trusted third party, thus enabling secure computations for applications that were previously infeasible. In particular, we describe Trusted Capable Model Environments (TCMEs) as an alternative approach for scaling secure computation, where capable machine learning model(s) interact under input/output constraints, with explicit information flow control and explicit statelessness. This approach aims to achieve a balance between privacy and computational efficiency, enabling private inference where classical cryptographic solutions are currently infeasible. We describe a number of use cases that are enabled by TCME, and show that even some simple classic cryptographic problems can already be solved with TCME. Finally, we outline current limitations and discuss the path forward in implementing them...