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State Senator Wants A Law Forcing Bots To Admit They're Not Human (brisbanetimes.com.au)

An anonymous reader writes: Several commentators are calling for a law that requires bots to admit they are not human. There is a bill in California that would do just that. A new paper argues that these laws may look Constitutional but actually raise First Amendment issues.
The New York Times reports: Bots are easy to make and widely employed, and social media companies are under no legal obligation to get rid of them. A law that discourages their use could help, but experts aren't sure how the one [state senator Robert] Hertzberg is trying to push through, in California, might work. For starters, would bots be forced to identify themselves in every Facebook post? In their Instagram bios? In their Twitter handles? The measure, SB-1001, a version of which has already left the senate floor and is working its way through the state's Assembly, also doesn't mandate that tech companies enforce the regulation. And it's unclear how a bill that is specific only to California would apply to a global internet...

All parties agree that the bill illustrates the difficulty that lawmakers have in crafting legislation that effectively addresses the problems constituents confront online. As the pace of technological development has raced ahead of government, the laws that exist on the books -- not to mention some lawmakers' understandings of technology -- have remained comparatively stagnant.

The Times seems to question whether the law should be targeted at the creators of bots instead of the platforms that host them, pointing out that tech companies like Twitter "have the power to change dynamics on their platforms directly and at the scale that those problems require."

26 of 151 comments (clear)

  1. The phrase by Anonymous Coward · · Score: 2, Funny

    The statute should require saying "beep boop I am a robot".

  2. Blade Runner by Tablizer · · Score: 3, Insightful

    The discrimination starts

  3. More false-positive banning by Okian+Warrior · · Score: 4, Insightful

    Note the line in the OP:

    The measure, SB-1001 [...] also doesn't mandate that tech companies enforce the regulation.

    This is a ridiculous proposal, along the lines of DMCA requests where there is no penalty for filing a false claim.

    Rather than have senators note a problem and legislate the first thing that pops into their head, how about we get one or two of the big players on board, get several proposed solutions, identify a method to measure success, and try each of those solutions?

    Specifically on the subject of bots, note that CAPTCHAS have evolved over the years with several rounds of implementation. The original implementation ("enter the letters shown") can now be cracked by programs at the human level - so much so that making it more difficult than the algorithms can handle makes it more difficult than *humans* can handle.

    The proposed law will only lead to more false-positive banning of real humans, which can be a) tuned to a political ideology, and b) for the human to give up privacy to regain their account. ("Send us a copy of your ID and we'll reinstate your account", or "Send us your phone number and we'll make you more secure.")

    California needs to stop making laws on a whim, and start making laws based on study and evaluation of results.

    1. Re:More false-positive banning by datavirtue · · Score: 2

      I know this is the popular conception but I don't see it in my personal experience or in outside anecdote. My impression of Californians, when I meet them and work with them, is that they are the same as everyone else I know in Ohio. They also strike me as very independent and enterprising and creative. I love California. When you encounter California only on TV it turns into a cesspool of LBGT screamers and snowflakes. Their political realities are very unfortunate and only seem to drag down what is really a highly talented, entrepreneurial, and hard working population. Their housing/COL is so high that they really have to hustle to make ends meet or become a success.

      --
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    2. Re:More false-positive banning by Kohath · · Score: 2

      My impression of Californians, when I meet them and work with them, is that they are the same as everyone else I know in Ohio.

      I live in California. Just like other places, people tell themselves stories that appeal to them emotionally. Unlike other places, the people here don't seem as able to balance that out with other things, like objective facts, or personal humility, or genuine empathy, or a respect for others, or an understanding of tradition.

  4. Re: deathbycaptcha by wolfheart111 · · Score: 2

    Who needs bots send the captcha to a 3rd party to solve

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    [($)]
  5. Be a grownup instead by Kohath · · Score: 4, Insightful

    Don't you guys get tired of government trying to be your mom? Do you really need your government mom to protect you from the nasty bots?

    Be a grownup and make grownup choices. Then you won't need a government mommy watching out for you.

    1. Re:Be a grownup instead by Kohath · · Score: 4, Insightful

      The job of the government is to protect it's people from threats.

      The job of government is to do things collectively that can't reasonably be done individually, like provide for a national defense or build a sewer system.

      Being a grownup is something you can do individually. You don't need a government mom to keep you safe from bots.

      Do you really need your government mom to protect you from the nasty bots?

      I don't need them to protect me from bots per se but I need them to protect everyone, especially our less "savvy" individuals from being misled.

      Step 1: Assume you are above everyone else. By implication, others are like children. You are not. Your superiority is affirmed.
      Step 2: Assert your protective benevolence over the lesser beings. They need your help because they are incapable.
      Step 3: Because you are above the lesser individuals, and because you are benevolent enough to want to protect them, your power over them is righteous. They owe you their obedience.

    2. Re:Be a grownup instead by Gravis+Zero · · Score: 3, Insightful

      The job of government is to do things collectively that can't reasonably be done individually, like provide for a national defense or build a sewer system.

      So another nation is running a disinformation campaign using our own systems and you don't think that qualifies as "national defense"? Stop being a nitwit.

      Being a grownup is something you can do individually. You don't need a government mom to keep you safe from bots.

      By that logic, we don't need nutrition labels, laws against false advertising, laws against all forms of fraud or even the FDA. I told you to stop being a nitwit!

      Step 1: Assume you are above everyone else. By implication, others are like children. You are not. Your superiority is affirmed.

      I do not and have never used invasive social media platforms like Facebook to obtain information therefore I do not need to be protected from bot posts on social media. However, not everyone is playing at the same level as some people are smarter and more informed than others, especially when it comes to technology. Why won't you stop being a nitwit?!

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    3. Re:Be a grownup instead by Kohath · · Score: 2

      Yes, we should also get rid of labeling laws and virtually everything to do with health and safety.

      A less absolutely moronic answer would be to get rid of some and keep some — making the decision based on facts and the examination of actual events that have occurred.

      Only absolute morons suggest the only options are zero government and complete totalitarian involvement in every minute of everyone’s existence.

      If someone eats a hamburger with asbestos sprinkled on it for flavor, then that's their fault, they should have scanned all their foodstuffs with asbestos detectors.

      No such hamburger has ever existed. We already have all the protection we need against purely imaginary threats.

    4. Re:Be a grownup instead by Kohath · · Score: 2

      Sometimes, it involves preventing people from shooting you cause they dislike you. Other times it involves stopping other bad behaviors.

      When did government prevent a shooting? They normally just show up after the victim is dead and put up police tape and take photos.

      Then they pass laws to oppress the innocent while telling voters a tale about how oppressing people who are not like you will make you safe.

    5. Re:Be a grownup instead by gurps_npc · · Score: 2

      Definitely. You should be able to protect yourself.

      So, here is your medical text book so that you can protect yourself from carcinogens, and expect to do a ton of research on to manufacturing methods to make sure that companies don't say, accidentally put some N-nitrosodimethylamine in your heart medication (sorry Valsartan users).

      Here is your software programming guide, to protect you should anyone wish to spy on you via technology (sorry every internet/cell phone user)

      And be prepared to live in a shack when they refuse to rent to people 'like you'.

      Here is a guide to which healthcare insurances actually cover you when you get sick, rather than saying "That's a pre existing condition, you were alive when you bought the insurance and everything alive dies."

      Here is a guide to .....
      (50 other guides later)...

      Good luck!

      --
      excitingthingstodo.blogspot.com
    6. Re:Be a grownup instead by Actually,+I+do+RTFA · · Score: 2

      When did government prevent a shooting?

      Most mass shootings end when the police arrive to stop the criminal. Then there are gun control laws, taking weapons away from people on parole, locking up violent criminals in buildings called "prisons", etc.

      Yeah, a lot of policing is reactive (cause, you know, proactive policing looks a lot like tyranny.) What the is your point?

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    7. Re:Be a grownup instead by DRJlaw · · Score: 2

      If someone eats a hamburger with asbestos sprinkled on it for flavor, then that's their fault, they should have scanned all their foodstuffs with asbestos detectors.

      No such hamburger has ever existed. We already have all the protection we need against purely imaginary threats.

      Cut-down powdered milk with melamine liberally added for artificially high apparent protein levels in order to meet contract standards.

      Non-imaginary threat. Now discuss.

    8. Re:Be a grownup instead by drinkypoo · · Score: 2

      Bots pretending to be humans are effectively committing fraud.

      No. Fraud has a specific definition: "wrongful or criminal deception intended to result in financial or personal gain".

      Please explain why you think that does not apply here. The bots are a deception if they don't announce that they are bots. And they are designed to provide someone value. In fact, that definition could not fit this situation any more precisely.

      --
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  6. Not a first amendment issue by Gravis+Zero · · Score: 2

    No amendment (not even the first amendment) is without limitations. As far as abridging your freedom of speech, this ranks as high as not being allowed to broadcast a false Caller ID number. Will people be affected? Yes. Are they the people that the general public want stopped? Also yes.

    --
    Anons need not reply. Questions end with a question mark.
    1. Re:Not a first amendment issue by _Sharp'r_ · · Score: 4, Insightful

      Except of course, this law doesn't actually protect anyone against anything bad. The vast majority of the Internet isn't bound by CA law, so the only real result would be that anyone who is in business to create "bad" automated online postings will avoid having their business based in CA. Even if this silly idea spreads, there will always be some jurisdictions where someone can run a bot online without being in one, so all the serious fraudsters/crooks/criminals will just run their operations elsewhere.

      No, the people who are most likely to be actually affected by this are small time folks who use a bot for convenience and not for any nefarious purpose. For example, almost every author or minor celebrity who has a reasonable social media presences uses a bot to pre-schedule tweets/posts/etc... so they (or their assistant if they're big enough) can do their social media work in a couple of hours each week, then let it get posted at a reasonable timing. Those are the kinds of people who will have to choose between posting "as a bot" because they use some convenient automation, or else giving up their social media marketing because they just don't have time to make it worthwhile anymore, or start paying cash to someone who lives outside CA to post stuff for them.

      It's all these sorts of little frictions imposed by clowns like Hertzberg who think "There ought to be a law!" to solve every little problem which cause people to not be able to start a small business, or try to survive as an artist, or whatever freedom they want to exercise this week, but can't because the regulatory burden for stupid stuff is just piled on and on in places like CA.

      --
      The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
  7. Nothing wrong with... by sycodon · · Score: 2

    ...any artificially generated post, story, anything else to be preceded by, "This content was artificially generated"

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    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
  8. How about a law for political calls? by RhettLivingston · · Score: 2

    I'd like a law that requires all calls made for the purpose of influencing votes be made from numbers that have been registered for them so that I can automatically block them. No further changes in phone laws should be made before addressing that most annoying barrage of calls prior to every election.

    In general, instead of laws to regulate how the calls are accomplished, I want laws with real penalties and a mostly automated enforcement system that allow me to block calls by type of content. Whether it is an AI or a person, I do not ever want to receive calls talking about wonderful credit offers. In general, I do not want to receive any marketing call, ever, including from companies that I already do business with.

    Also, I get calls all of the time that are illegal under the current laws. For the last year, they have almost always come from spoofed numbers of real people within my local exchange. Because they use a different number for every call, they cannot be blocked. Until this is addressed, no phone law is of any consequence.

    I want the telcos to be required to implement system changes to allow them to block illegal call makers and then made responsible for effectively employing those systems. It should not be possible for a device to spoof whatever numbers it wants to spoof without being registered and monitored to make sure it is doing so for a legitimate purpose and limited to the minimum set of numbers required to implement that purpose. If we're concerned about telco abuse, then make the penalties for abuse be loss of license and thus business.

    In no case though should we support blocking calls by the type of caller or race of caller or require callers to identify their type or race. Specific identities, fine. But laws specifically focused on maintaining someone's idea of what is a pure human race, forget it. We've been there.

    Let's focus on the content and purpose of the calls - not who makes them.

  9. They can't lie by PopeRatzo · · Score: 2

    It's like the "law" that says undercover cops have to tell you the truth if you ask them if they're a cop. I read about it online.

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    You are welcome on my lawn.
    1. Re:They can't lie by Actually,+I+do+RTFA · · Score: 2

      Unlike that law, this one would at least be workable.

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  10. Re:Face it, Trump is a Traitor. It's apolitical. by snapsnap · · Score: 5, Informative

    "whore wife" I'm ashamed of what my side has become when I regularly read posts like that from my liberal friends on Facebook and Twitter.

  11. Jurisdiction by burtosis · · Score: 3, Interesting

    I can see how this would work with phone calls, but how is this supposed to work on the global internet? It's has no teeth when the bot servers aren't located in the US, and possibly creates asymmetrical issues when companies are located in the US but serving foreign markets. I just fail to see how it's practical. A better approach might be education because the average American confuses bots with troll farms, or macro/algorithm enhanced human accounts, or simply other people online. Simply educating people what bots can and can't do, and how they typically operate with today's tech, and what to look for might be more effective. Then again that's education, so your mileage may vary on that front.

  12. Regulation story by DogDude · · Score: 2

    It's all these sorts of little frictions imposed by clowns like Hertzberg who think "There ought to be a law!" to solve every little problem which cause people to not be able to start a small business, or try to survive as an artist, or whatever freedom they want to exercise this week, but can't because the regulatory burden for stupid stuff is just piled on and on in places like CA.

    Oh, puh-lease. Enough with the "evil regulations are keeping small businesses down" bullshit. That ol' Fox News trope is just that: old. The fact is that the US has, realtively speaking, very few regulations that prevent people from running businesses. I'm in retail, and we're subject to close to no regulations. We have to pay taxes, and we can't discriminate against people. That's about it.

    This is a piece of legislation that is trying to combat the very real problem of people who aren't smart enough to see through disinformation, being disinformed. I would say that doing something to prevent this, again, very real, very serious problem, far outweighs some kind of scammy "social media marketing" business that you're suggesting must rely on bots.

    Somebody selling some fake nutritional supplements via MLM won't be able to run a Twitter bot from CA. Oh no! I'm clutching my pearls at the prospect!

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    I don't respond to AC's.
  13. Re:I know you are, but what am I? by K.+S.+Kyosuke · · Score: 2

    2B or not 2B

    In other words, true ?

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    Ezekiel 23:20
  14. He's not your side by rsilvergun · · Score: 2

    he's just trying to get a rise out of you. I'm your side (about as lefty as it gets) and don't waste time going after Trump's family unless they're part of the problem. Melania most definitely isn't. Hell, the word is she was crying when they won the presidency and it wasn't tears of joy. She didn't want any part of the current mess.

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