Cyber Month in Review: June 2024

Supreme Court issues Murthy v. Missouri decision

The U.S. Supreme Court issued a judgement in the case of Murthy v. Missouri, ruling in a 6-3 decision that the plaintiffs, including attorneys general from Missouri and Louisiana, did not have standing to sue the federal government. The case centered on state officials and individuals from Louisiana and Missouri who argued that the Biden White House and dozens of government officials and agencies had allegedly pressured social media companies to censor social media posts containing misinformation—and by extension silence conservative voices —during the COVID pandemic and the 2020 election and violated citizens’ free speech rights. The court found that the plaintiffs failed to prove that their content was removed due to government pressure rather than the platforms' own policies. Justice Amy Coney Barrett, writing for the majority, emphasized that the plaintiffs could not demonstrate any imminent harm or substantial risk to support their claims. The case has had significant implications for government information sharing with social media platforms; in July 2023, a lower district court had found that the government’s communications with social media platforms constituted censorship. The case, along with other Republican efforts to curtail what they see as attacks on conservatives, have led to significant decreases in collaboration between the government and U.S. social media companies, as well as a widespread chilling effect on information research domestically and abroad.

Polish parliament withdraws immunity for opposition leader in spyware case

The Polish parliament voted to lift the legal immunity of opposition leader Michał Woś, allowing Polish prosecutors to press charges against Woś over allegations of his misuse of funds to purchase Pegasus spyware during his time as deputy justice minister in the previous ruling government. Adam Bodnar, Poland’s lead prosecutor, had requested that Woś be stripped of his immunity as a member of the Polish Sjem, or parliament. Authorities have found that Pegasus spyware was used to eavesdrop on nearly 600 individuals, including opposition politicians, during the term of the previous government. TIn an ongoing probe into the previous governments’ misuse of Pegasus by the previous government, prosecutors have focused on whether members of the Law and Justice Party (PiS) were complicit in the spying. Woś faces charges for misuse of public funds in purchasing the spyware, which could lead to a 10-year prison sentence if he is convicted.

UN adopts resolution calling for closing the gap in AI development

The U.N. General Assembly adopted a resolution sponsored by China urging developed nations to close the AI technology gap with developing countries and ensure equal opportunities for all to benefit from AI. The resolution was also supported by the United States and had more than 140 co-sponsors from the 193-member General Assembly. The adoption of the resolution comes on the heels of a similar UN resolution spearheaded by the United States and passed in March, which called on member-states to address existential challenges posed by AI. China’s U.N. ambassador praised both resolutions as complementary, with the Chinese resolution focusing on capacity building and inclusivity, while the U.S. measure addresses broader aspects of AI governance. Observers have suggested that the Chinese called the resolution in order to reassert their leadership position within the UN on AI’s evolution after the US’s move in March. Despite the cooperation on passing both resolutions, China has remained critical of U.S. sanctions on AI-related investments in China, arguing that the sanctions hinder global AI development: China’s Ambassador to the UN, Fu Cong, said that the U.S. controls would “divide the world in terms of the standards and in terms of the rules governing the AI.”

Major U.S. privacy bills scuttled in Congress

Efforts to advance the American Privacy Rights Act (APRA) and the Kids Online Safety Act (KOSA) in the House abruptly collapsed on June 27 due to resistance from House GOP leadership, particularly House Majority Leader Steve Scalise. Scalise had criticized APRA’s consumer lawsuit provisions, which would allow consumers to seek damages in court when their rights are infringed, went too far. The House Energy and Commerce Committee, which had scheduled a major markup for the bill last week, responded to that oppostion by canceling the bill’s markup minutes before it was set to begin. The setback is a significant blow to both bills, and committee members expressed frustration and disappointment with the failure to bring the bills to a vote. Civil society leaders, meanwhile, called out key concessions in the House negotiations that removed civil rights protections form APRA, and demanded that those protections be reinstated - while child safety advocates supportive of KOSA slammed the Hill for having embroiled passage of KOSA by bundling it with APRA. All the bills are likely to remain in limbo for some time, given how far the House and Senate versions of the bills have now diverged from each other.

OpenAI will block access to its AI tools in China

OpenAI is tightening restrictions on use of its AI software in certain countries where it does not technically offer support, including China. The Microsoft-backed company has been sending memos to Chinese developers announcing that it will enforce measures to prevent developers in China from using its tools and software starting on July 9. OpenAI officially provides access to its services in a select number of countries, but many Chinese developers have been using its services through workarounds like VPNs. Chinese AI companies, such as Alibaba and Tencent's Zhipu AI, have been attempting to step into the gap OpenAI will leave in the Chinese market, with Zhipu offering a "Special Migration Program" for OpenAI API users to transition to its products. The United States has been limiting anyone in China’s access to AI tools and hardware in recent years, although it is unclear if OpenAI’s recent decision is tied to the U.S. pressure campaign.