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"content": "\u003cp>\u003ca href=\"https://www.kqed.org/news/tag/marin-county\">Marin County\u003c/a> supervisors approved a countywide road map on Tuesday to reach its goal of an \u003ca href=\"https://www.kqed.org/science/1992348/is-it-time-for-an-essential-california-energy-code-to-get-a-climate-edit\">all-electric future\u003c/a>.\u003c/p>\n\u003cp>The plan, which comes after a 2022 Marin County Civil Grand Jury \u003ca href=\"https://www.marincounty.gov/sites/g/files/fdkgoe241/files/2024-01/electrifying-marins-buildingsa-countywide-approach.pdf\">report \u003c/a>noting the need for coordinated implementation to meet goals for reducing greenhouse gas emissions, makes 10 recommendations that include a neighborhood-scale electrification project, streamlining the permit process and offering permit discounts to reduce the cost of appliance upgrades.\u003c/p>\n\u003cp>The building electrification road map aligns with regional and \u003ca href=\"https://www.kqed.org/news/12003847/california-eyes-a-push-toward-electric-heat-pumps-instead-of-gas-powered-heaters\">state efforts to reduce carbon emissions\u003c/a>. In 2023, the Bay Area Air Quality Management District banned the sale of new gas-powered furnaces and water heaters starting in 2027 — a move that, \u003ca href=\"https://www.baaqmd.gov/news-and-events/page-resources/2023-news/031523-ba-rules\">according to the district\u003c/a>, would reduce health impacts by nearly $900 million annually in the region.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Last month, \u003ca href=\"https://www.kqed.org/news/12006711/newsom-signs-bill-to-help-california-neighborhoods-ditch-gas-and-go-all-electric\">Gov. Gavin Newsom signed Senate Bill 1221\u003c/a>, which seeks to help with the state’s goal of reaching carbon neutrality by 2045 by launching up to 30 neighborhood-scale electrification pilot projects as an alternative for certain communities needing new gas lines.\u003c/p>\n\u003cp>If implemented, the Marin County road map expects recommendations to be rolled out by local governments over the next six to seven years.\u003c/p>\n\u003cp>Dana Armanino, Marin’s sustainability planner, said at Tuesday’s Board of Supervisors meeting that the county has “not been resting and waiting” since the 2022 Grand Jury report, pointing to a recent allocation to the \u003ca href=\"https://www.marincounty.gov/departments/cda/sustainability/electrify-marin/electrify-marin-rebate-program\">Electrify Marin program\u003c/a>, which provides rebates to eligible households when they replace a gas or propane appliance, and an online resource hub for building electrification.\u003c/p>\n\u003cp>[aside postID=science_1984963 hero='https://ww2.kqed.org/app/uploads/sites/35/2023/10/102321-ELECTRIC-AVE-LEDE-2-KQED-1020x680.jpg']\u003c/p>\n\u003cp>The road map has the backing of the Marin Conservation League, which analyzes county environmental policy, board member Ken Strong said.\u003c/p>\n\u003cp>“We think it’s a great step, and we will be advocating in the local jurisdictions for this to be adopted,” Strong said.\u003c/p>\n\u003cp>The plan is “solely advisory,” according to staff, and requires the collaboration of not just local officials in each jurisdiction but also community members, including developers, community-based organizations, residents and real estate agents.\u003c/p>\n\u003cp>It’s “intended to be a shared endeavor,” Armanino told the board. “Much like all climate action strategies, a collective action will be required to successfully implement the actions identified in the road map.”\u003c/p>\n\u003cp>Supervisor Katie Rice said the county’s aging residential buildings — over 90% of them were built before 2000 — are a challenge to electrifying buildings across the county.\u003c/p>\n\u003cp>However, about 17,000 of those buildings, according to the plan, are in the “sweet spot for electrification opportunities” because of their likely aging appliances and systems that will need replacement.\u003c/p>\n\u003cp>Rice, who called the plan “excellent work,” suggested that an annual electrification fair be held to boost awareness and participation.\u003c/p>\n\u003cp>“We need folks to be planning ahead and anticipating replacing appliances,” Rice said. “I do think those hands-on fairs really make a difference for folks.”\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The road map has the backing of the Marin Conservation League, which analyzes county environmental policy, board member Ken Strong said.\u003c/p>\n\u003cp>“We think it’s a great step, and we will be advocating in the local jurisdictions for this to be adopted,” Strong said.\u003c/p>\n\u003cp>The plan is “solely advisory,” according to staff, and requires the collaboration of not just local officials in each jurisdiction but also community members, including developers, community-based organizations, residents and real estate agents.\u003c/p>\n\u003cp>It’s “intended to be a shared endeavor,” Armanino told the board. “Much like all climate action strategies, a collective action will be required to successfully implement the actions identified in the road map.”\u003c/p>\n\u003cp>Supervisor Katie Rice said the county’s aging residential buildings — over 90% of them were built before 2000 — are a challenge to electrifying buildings across the county.\u003c/p>\n\u003cp>However, about 17,000 of those buildings, according to the plan, are in the “sweet spot for electrification opportunities” because of their likely aging appliances and systems that will need replacement.\u003c/p>\n\u003cp>Rice, who called the plan “excellent work,” suggested that an annual electrification fair be held to boost awareness and participation.\u003c/p>\n\u003cp>“We need folks to be planning ahead and anticipating replacing appliances,” Rice said. “I do think those hands-on fairs really make a difference for folks.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The Department of Justice is proposing a series of sanctions against Google to ensure it can no longer monopolize the search engine market. In a filing late Tuesday night, the government laid out its framework for reining in the tech giant.\u003c/p>\n\u003cp>Proposals include possibly putting an end to exclusive agreements Google has with companies like Apple and Samsung, and prohibiting certain kinds of data tracking. The government wrote that it’s considering “behavioral and structural” remedies that would ensure Google couldn’t use its Chrome browser or Android phone in a way that advantages its search engine, but didn’t outline what the structural remedies would be.\u003c/p>\n\u003cp>“Google’s anticompetitive conduct resulted in interlocking and pernicious harms,” reads the filing. The markets Google controls, it continues, “are indispensable to the lives of all Americans, whether as individuals or as business owners, and the importance of effectively unfettering these markets and restoring competition cannot be overstated.”\u003c/p>\n\u003cp>The 32-page filing follows federal Judge Amit Mehta’s ruling in August that Google had acted illegally to maintain a monopoly on the search engine market. That ruling was the culmination of an antitrust lawsuit that the Justice Department \u003ca href=\"https://www.npr.org/2020/10/20/925736276/google-abuses-its-monopoly-power-over-search-justice-department-says-in-lawsuit\">\u003cu>filed against Google in 2020\u003c/u>\u003c/a>, which was joined by 38 state attorneys general.\u003c/p>\n\u003cp>The Justice Department accused Google of illegally orchestrating its business dealings to ensure its search engine dominated the market. After a \u003ca href=\"https://www.npr.org/2023/09/12/1198558372/doj-google-monopoly-antitrust-trial-search-engine\">\u003cu>10-week trial last fall\u003c/u>\u003c/a>, Mehta ruled in favor of the Justice Department. Google has said it will appeal this decision.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The government’s filing on Tuesday is its initial set of proposals to seek remedies against Google. In the filing, the Justice Department said it intends to go through court-ordered discovery for further evidence to support its stance. It will file a more refined framework in November and Google will have a chance to propose its own remedies in December.\u003c/p>\n\u003cp>In a \u003ca href=\"https://blog.google/outreach-initiatives/public-policy/doj-search-remedies-framework/\">blog post\u003c/a> published Tuesday night, Google’s vice president of global affairs, Lee-Anne Mulholland, wrote, “We are concerned the DOJ is already signaling requests that go far beyond the specific legal issues in this case.”\u003c/p>\n\u003cp>Mulholland appears to be interpreting the government’s filing as calling for the breakup of Google’s Chrome and Android businesses. She argues that those businesses have cost the company billions to develop. They are free and have open-source code that has benefited competitors and customers, she wrote.\u003c/p>\n\u003cp>“Make no mistake: Breaking them off would change their business models, raise the cost of devices, and undermine Android and Google Play in their robust competition with Apple’s iPhone and App Store,” she continued.\u003c/p>\n\u003cp>This is a major turning point in the regulation of Big Tech. Monopolies aren’t illegal in and of themselves, but using monopoly power to maintain market dominance is against the law.\u003c/p>\n\u003cp>The last antitrust case of this magnitude to make it to trial was in 1998 when the \u003ca href=\"https://www.justice.gov/atr/us-v-microsoft-courts-findings-fact\">\u003cu>Justice Department sued Microsoft\u003c/u>\u003c/a>. That lawsuit centered around claims that Microsoft illegally grouped its various products together in a way that both stifled competition and compelled people to use its products.\u003c/p>\n\u003cp>A judge ruled in favor of the Justice Department back then, saying \u003ca href=\"https://www.nytimes.com/2000/04/04/business/us-vs-microsoft-overview-us-judge-says-microsoft-violated-antitrust-laws-with.html\">\u003cu>Microsoft violated antitrust laws\u003c/u>\u003c/a> and held “an oppressive thumb on the scale of competitive fortune.”\u003c/p>\n\u003cp>Over the last quarter of a century, tech companies have amassed enormous power and now play a crucial part in most people’s daily lives. Google’s parent Alphabet is one of the most valuable companies in the world – now worth more than $2 trillion — and the word “Google” is synonymous with searching the internet.\u003c/p>\n\u003cp>The company controls around \u003ca href=\"https://www.similarweb.com/engines/\">\u003cu>90% of the U.S. search engine market\u003c/u>\u003c/a>, while its closest competitors, Bing and Yahoo, each have around 3% of the market share.\u003c/p>\n\u003cp>If Mehta agrees with the Justice Department and decides to put stringent limits on Google’s reach, it could have a ripple effect throughout the industry.\u003c/p>\n\u003ch2>What the Justice Department wants from Google\u003c/h2>\n\u003cp>The thrust of the Justice Department’s case against Google focused on exclusive agreements the company made with device manufacturers, like Apple and Samsung. During the trial, internal documents and witnesses revealed that Google had paid billions of dollars per year to ensure it was the default search engine on smartphones, like the iPhone, and on web browsers, like Mozilla’s Firefox.\u003c/p>\n\u003cp>Witness testimony revealed the eye-popping sums Google paid its partners. For example, in 2021 alone, Google\u003ca href=\"https://www.npr.org/2024/05/02/1248152695/google-doj-monopoly-trial-antitrust-closing-arguments\">\u003cu> spent a total of $26.3 billion on its deals\u003c/u>\u003c/a> to be the default search engine. Apple had the most lucrative partnership with Google, bringing in $18 billion from the search giant that one year, \u003ca href=\"https://www.nytimes.com/2023/10/26/technology/google-apple-search-spotlight.html?partner=slack&smid=sl-share\">\u003cu>according to the\u003c/u>\u003cem>\u003cu> New York Times\u003c/u>\u003c/em>\u003c/a>.\u003c/p>\n\u003cp>The government argued that these exclusive agreements made it difficult for rivals to edge in and left consumers with fewer choices. Google’s lawyers argued these were agreements that the search engine’s partners chose to enter on their own accords.\u003c/p>\n\u003cp>The Justice Department wrote in its Tuesday night filing that one of the remedies it’s evaluating is limiting or prohibiting the agreements. “Fully remedying these harms requires not only ending Google’s control of distribution today but also ensuring Google cannot control the distribution of tomorrow,” the filing states.\u003c/p>\n\u003cp>During the monthslong trial last year, Google argued that its search engine is the most popular because it is the best product out there and that people prefer it. When Google’s CEO Sundar Pichai testified, he said paying billions of dollars to ensure its search is the default made sense. [aside postID=\"news_11999009,news_11986133,news_11983333\" label=\"Related Stories\"]\u003c/p>\n\u003cp>“We want to make it very, very seamless and easy for users to use our service,” Pichai said.\u003c/p>\n\u003cp>The search engine DuckDuckGo is a much smaller rival to Google. In a \u003ca href=\"https://spreadprivacy.com/creating-enduring-competition-in-the-search-market/\">\u003cu>blog post\u003c/u>\u003c/a> last month, CEO Gabriel Weinberg wrote that restricting Google’s exclusive contracts would level the playing field.\u003c/p>\n\u003cp>“Google likes to claim everyone chooses Google,” Weinberg wrote. “But most consumers don’t: They just go with the default.”\u003c/p>\n\u003cp>In its filing, the Justice Department says it is evaluating other remedies, such as controlling how much data tracking Google carries out online. The government says the tracking raises “genuine privacy concerns” that could not only harm users but “deny scale to rivals.” Additionally, the Justice Department evaluated Google’s advertising business and said it’s considering remedies that would “create more competition and lower the barriers to entry.”\u003c/p>\n\u003cp>Once the Justice Department and Google issue further proposals in November and December, another trial will take place next April. Mehta will also preside over that case and will hear both sides as they argue their cases for possible remedies.\u003c/p>\n\u003cp>Google just \u003ca href=\"https://www.theverge.com/24237832/google-monopoly-trial-ad-tech-antitrust-us-search\">\u003cu>wrapped up the bulk of another trial\u003c/u>\u003c/a> brought by the Justice Department over its advertising business, in which the government alleged that the company illegally controls ad tools for publishers and advertisers. Closing arguments for that case are expected in November.\u003c/p>\n\u003cp>The U.S. government has targeted several other Big Tech companies in antitrust cases. Over the past few years, it’s sued \u003ca href=\"https://www.npr.org/2023/09/26/1191099421/amazon-ftc-lawsuit-antitrust-monopoly\">\u003cu>Amazon\u003c/u>\u003c/a>, \u003ca href=\"https://www.npr.org/2024/03/21/1239802162/apple-iphone-doj-monopoly-antitrust-lawsuit\">\u003cu>Apple\u003c/u>\u003c/a> and Facebook parent \u003ca href=\"https://www.npr.org/2021/08/19/1029310979/federal-trade-commission-refiles-suit-accusing-facebook-of-illegal-monopoly\">\u003cu>Meta\u003c/u>\u003c/a>, which owns Facebook and Instagram, over business practices the government says hurt both rivals and consumers.\u003c/p>\n\u003cp>In its case against Google, the government used the 1998 Microsoft suit as a blueprint. Bill Kovacic, an antitrust law professor at the George Washington University Law School and a former chair of the Federal Trade Commission, told NPR in August that the Justice Department’s win against Google could pave the way for other lawsuits.\u003c/p>\n\u003cp>“It establishes a foundation for obtaining a notable remedy in this case involving Google,” he said. “And it gives momentum to the Department of Justice and Federal Trade Commission prosecutions of other major tech companies.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>Editor’s note: Apple Card and Apple News are among NPR’s financial supporters.\u003c/em>\u003c/p>\n\n",
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"excerpt": "After a federal judge ruled in August that Google illegally monopolizes the search engine market, the Department of Justice now says the company must be reined in.",
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"title": "Justice Department Calls for Sanctions Against Google in Landmark Antitrust Case | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Department of Justice is proposing a series of sanctions against Google to ensure it can no longer monopolize the search engine market. In a filing late Tuesday night, the government laid out its framework for reining in the tech giant.\u003c/p>\n\u003cp>Proposals include possibly putting an end to exclusive agreements Google has with companies like Apple and Samsung, and prohibiting certain kinds of data tracking. The government wrote that it’s considering “behavioral and structural” remedies that would ensure Google couldn’t use its Chrome browser or Android phone in a way that advantages its search engine, but didn’t outline what the structural remedies would be.\u003c/p>\n\u003cp>“Google’s anticompetitive conduct resulted in interlocking and pernicious harms,” reads the filing. The markets Google controls, it continues, “are indispensable to the lives of all Americans, whether as individuals or as business owners, and the importance of effectively unfettering these markets and restoring competition cannot be overstated.”\u003c/p>\n\u003cp>The 32-page filing follows federal Judge Amit Mehta’s ruling in August that Google had acted illegally to maintain a monopoly on the search engine market. That ruling was the culmination of an antitrust lawsuit that the Justice Department \u003ca href=\"https://www.npr.org/2020/10/20/925736276/google-abuses-its-monopoly-power-over-search-justice-department-says-in-lawsuit\">\u003cu>filed against Google in 2020\u003c/u>\u003c/a>, which was joined by 38 state attorneys general.\u003c/p>\n\u003cp>The Justice Department accused Google of illegally orchestrating its business dealings to ensure its search engine dominated the market. After a \u003ca href=\"https://www.npr.org/2023/09/12/1198558372/doj-google-monopoly-antitrust-trial-search-engine\">\u003cu>10-week trial last fall\u003c/u>\u003c/a>, Mehta ruled in favor of the Justice Department. Google has said it will appeal this decision.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The government’s filing on Tuesday is its initial set of proposals to seek remedies against Google. In the filing, the Justice Department said it intends to go through court-ordered discovery for further evidence to support its stance. It will file a more refined framework in November and Google will have a chance to propose its own remedies in December.\u003c/p>\n\u003cp>In a \u003ca href=\"https://blog.google/outreach-initiatives/public-policy/doj-search-remedies-framework/\">blog post\u003c/a> published Tuesday night, Google’s vice president of global affairs, Lee-Anne Mulholland, wrote, “We are concerned the DOJ is already signaling requests that go far beyond the specific legal issues in this case.”\u003c/p>\n\u003cp>Mulholland appears to be interpreting the government’s filing as calling for the breakup of Google’s Chrome and Android businesses. She argues that those businesses have cost the company billions to develop. They are free and have open-source code that has benefited competitors and customers, she wrote.\u003c/p>\n\u003cp>“Make no mistake: Breaking them off would change their business models, raise the cost of devices, and undermine Android and Google Play in their robust competition with Apple’s iPhone and App Store,” she continued.\u003c/p>\n\u003cp>This is a major turning point in the regulation of Big Tech. Monopolies aren’t illegal in and of themselves, but using monopoly power to maintain market dominance is against the law.\u003c/p>\n\u003cp>The last antitrust case of this magnitude to make it to trial was in 1998 when the \u003ca href=\"https://www.justice.gov/atr/us-v-microsoft-courts-findings-fact\">\u003cu>Justice Department sued Microsoft\u003c/u>\u003c/a>. That lawsuit centered around claims that Microsoft illegally grouped its various products together in a way that both stifled competition and compelled people to use its products.\u003c/p>\n\u003cp>A judge ruled in favor of the Justice Department back then, saying \u003ca href=\"https://www.nytimes.com/2000/04/04/business/us-vs-microsoft-overview-us-judge-says-microsoft-violated-antitrust-laws-with.html\">\u003cu>Microsoft violated antitrust laws\u003c/u>\u003c/a> and held “an oppressive thumb on the scale of competitive fortune.”\u003c/p>\n\u003cp>Over the last quarter of a century, tech companies have amassed enormous power and now play a crucial part in most people’s daily lives. Google’s parent Alphabet is one of the most valuable companies in the world – now worth more than $2 trillion — and the word “Google” is synonymous with searching the internet.\u003c/p>\n\u003cp>The company controls around \u003ca href=\"https://www.similarweb.com/engines/\">\u003cu>90% of the U.S. search engine market\u003c/u>\u003c/a>, while its closest competitors, Bing and Yahoo, each have around 3% of the market share.\u003c/p>\n\u003cp>If Mehta agrees with the Justice Department and decides to put stringent limits on Google’s reach, it could have a ripple effect throughout the industry.\u003c/p>\n\u003ch2>What the Justice Department wants from Google\u003c/h2>\n\u003cp>The thrust of the Justice Department’s case against Google focused on exclusive agreements the company made with device manufacturers, like Apple and Samsung. During the trial, internal documents and witnesses revealed that Google had paid billions of dollars per year to ensure it was the default search engine on smartphones, like the iPhone, and on web browsers, like Mozilla’s Firefox.\u003c/p>\n\u003cp>Witness testimony revealed the eye-popping sums Google paid its partners. For example, in 2021 alone, Google\u003ca href=\"https://www.npr.org/2024/05/02/1248152695/google-doj-monopoly-trial-antitrust-closing-arguments\">\u003cu> spent a total of $26.3 billion on its deals\u003c/u>\u003c/a> to be the default search engine. Apple had the most lucrative partnership with Google, bringing in $18 billion from the search giant that one year, \u003ca href=\"https://www.nytimes.com/2023/10/26/technology/google-apple-search-spotlight.html?partner=slack&smid=sl-share\">\u003cu>according to the\u003c/u>\u003cem>\u003cu> New York Times\u003c/u>\u003c/em>\u003c/a>.\u003c/p>\n\u003cp>The government argued that these exclusive agreements made it difficult for rivals to edge in and left consumers with fewer choices. Google’s lawyers argued these were agreements that the search engine’s partners chose to enter on their own accords.\u003c/p>\n\u003cp>The Justice Department wrote in its Tuesday night filing that one of the remedies it’s evaluating is limiting or prohibiting the agreements. “Fully remedying these harms requires not only ending Google’s control of distribution today but also ensuring Google cannot control the distribution of tomorrow,” the filing states.\u003c/p>\n\u003cp>During the monthslong trial last year, Google argued that its search engine is the most popular because it is the best product out there and that people prefer it. When Google’s CEO Sundar Pichai testified, he said paying billions of dollars to ensure its search is the default made sense. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“We want to make it very, very seamless and easy for users to use our service,” Pichai said.\u003c/p>\n\u003cp>The search engine DuckDuckGo is a much smaller rival to Google. In a \u003ca href=\"https://spreadprivacy.com/creating-enduring-competition-in-the-search-market/\">\u003cu>blog post\u003c/u>\u003c/a> last month, CEO Gabriel Weinberg wrote that restricting Google’s exclusive contracts would level the playing field.\u003c/p>\n\u003cp>“Google likes to claim everyone chooses Google,” Weinberg wrote. “But most consumers don’t: They just go with the default.”\u003c/p>\n\u003cp>In its filing, the Justice Department says it is evaluating other remedies, such as controlling how much data tracking Google carries out online. The government says the tracking raises “genuine privacy concerns” that could not only harm users but “deny scale to rivals.” Additionally, the Justice Department evaluated Google’s advertising business and said it’s considering remedies that would “create more competition and lower the barriers to entry.”\u003c/p>\n\u003cp>Once the Justice Department and Google issue further proposals in November and December, another trial will take place next April. Mehta will also preside over that case and will hear both sides as they argue their cases for possible remedies.\u003c/p>\n\u003cp>Google just \u003ca href=\"https://www.theverge.com/24237832/google-monopoly-trial-ad-tech-antitrust-us-search\">\u003cu>wrapped up the bulk of another trial\u003c/u>\u003c/a> brought by the Justice Department over its advertising business, in which the government alleged that the company illegally controls ad tools for publishers and advertisers. Closing arguments for that case are expected in November.\u003c/p>\n\u003cp>The U.S. government has targeted several other Big Tech companies in antitrust cases. Over the past few years, it’s sued \u003ca href=\"https://www.npr.org/2023/09/26/1191099421/amazon-ftc-lawsuit-antitrust-monopoly\">\u003cu>Amazon\u003c/u>\u003c/a>, \u003ca href=\"https://www.npr.org/2024/03/21/1239802162/apple-iphone-doj-monopoly-antitrust-lawsuit\">\u003cu>Apple\u003c/u>\u003c/a> and Facebook parent \u003ca href=\"https://www.npr.org/2021/08/19/1029310979/federal-trade-commission-refiles-suit-accusing-facebook-of-illegal-monopoly\">\u003cu>Meta\u003c/u>\u003c/a>, which owns Facebook and Instagram, over business practices the government says hurt both rivals and consumers.\u003c/p>\n\u003cp>In its case against Google, the government used the 1998 Microsoft suit as a blueprint. Bill Kovacic, an antitrust law professor at the George Washington University Law School and a former chair of the Federal Trade Commission, told NPR in August that the Justice Department’s win against Google could pave the way for other lawsuits.\u003c/p>\n\u003cp>“It establishes a foundation for obtaining a notable remedy in this case involving Google,” he said. “And it gives momentum to the Department of Justice and Federal Trade Commission prosecutions of other major tech companies.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>Editor’s note: Apple Card and Apple News are among NPR’s financial supporters.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "california-sues-tiktok-in-major-lawsuit-alleges-it-exploits-young-users",
"title": "California Sues TikTok in Major Lawsuit, Alleges It Exploits Young Users",
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"headTitle": "California Sues TikTok in Major Lawsuit, Alleges It Exploits Young Users | KQED",
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"content": "\u003cp>\u003ca href=\"https://www.kqed.org/news/tag/california\">California\u003c/a> and New York are leading the charge of more than a dozen states suing\u003ca href=\"https://www.kqed.org/news/tag/tiktok\"> TikTok\u003c/a>, accusing the social media giant of designing addictive features to keep kids hooked on the platform.\u003c/p>\n\u003cp>The 81-page, heavily redacted complaint filed by California Attorney General Rob Bonta in Santa Clara County on Tuesday alleges that TikTok violated California’s Unfair Competition Law and False Advertising Law by collecting the personal information of young users. It also claims that the company’s scheme of purported safety features and tools misled the public about the app’s dangers and instead promoted harmful content to children.\u003c/p>\n\u003cp>Bonta and New York Attorney General Letitia Brown co-led the coalition of attorneys general from 13 states and the District of Columbia, with each filing its own lawsuit alleging that TikTok violated consumer laws and damaged the mental health of children.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Bonta’s office started investigating TikTok’s potential harms in 2022. California filed a similar lawsuit against Facebook’s parent company, Meta, last year.\u003c/p>\n\u003cp>In a Tuesday press conference at the San Francisco Public Library, Bonta called youth addiction “a key and central pillar to TikTok’s business model.”\u003c/p>\n\u003cp>“They specifically prey on young people’s vulnerabilities and their developing brains,” Bonta said. “They have an algorithm that’s designed to suck our kids in and keep them on.”\u003c/p>\n\u003cfigure id=\"attachment_12008466\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12008466\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/TikTokGetty.jpg\" alt=\"\" width=\"2000\" height=\"1498\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/TikTokGetty.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/TikTokGetty-800x599.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/TikTokGetty-1020x764.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/TikTokGetty-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/TikTokGetty-1536x1150.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/TikTokGetty-1920x1438.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">California Attorney General Rob Bonta is leading a multi-state lawsuit against TikTok, accusing the company of exploiting and harming young users. Bonta filed the suit in Santa Clara County Superior Court and announced the action at San Francisco’s main library on Tuesday. \u003ccite>(Dan Kitwood/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Bonta outlined several features of the app that state regulators say harm the mental health of young people — especially girls — including beauty filters, infinite scrolling, push notifications and likes.\u003c/p>\n\u003cp>“The use of these features, which are manipulative and harmful, is intentional,” Bonta said.\u003c/p>\n\u003cp>TikTok spokesperson Jason Grosse told KQED the company strongly disagrees with the claims made by Bonta, which he called “inaccurate and misleading.”\u003c/p>\n\u003cp>“We’re proud of and remain deeply committed to the work we’ve done to protect teens, and we will continue to update and improve our product,” he said.\u003c/p>\n\u003cp>Grosse noted that the lawsuit followed more than two years of negotiations with the 12 states.\u003c/p>\n\u003cp>“It is incredibly disappointing they have taken this step rather than work with us on constructive solutions to industry-wide challenges,” he said.\u003c/p>\n\u003cp>[aside postID=news_11999273 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/TikTokGetty-1020x706.jpg']\u003c/p>\n\u003cp>TikTok faced Congressional scrutiny last year when CEO Shou Zi Chew was grilled by lawmakers about the safety and security of the immensely popular app. Chew testified that while the vast majority of TikTok users are over 18, the company has invested in measures to protect young people who use the app.\u003c/p>\n\u003cp>TikTok also faces legal threats at the federal level. In April, President Joe Biden signed into law legislation to ban or force a sale of TikTok by ByteDance, the app’s parent company. TikTok has 16 million users in California and an outsized influence in Silicon Valley, where it expanded its offices in San Jose earlier this year. According to California’s complaint, San Jose and neighboring Mountain View are “the hub” for the app’s Trust and Safety Team, which protects user data and is intended to specialize in youth safety.\u003c/p>\n\u003cp>A 2022 Pew Research Center \u003ca href=\"https://www.pewresearch.org/internet/2022/08/10/teens-social-media-and-technology-2022/\">report\u003c/a> found that 67% of U.S. teens ages 13-17 use TikTok, and 16% of all teens said they use the app almost constantly.\u003c/p>\n\u003cp>A \u003ca href=\"https://www.ucsf.edu/news/2024/10/428581/preteens-more-screen-time-tied-depression-anxiety-later\">UCSF study\u003c/a> published Monday found that for preteens, longer screen time increases the likelihood that nine- and 10-year-olds will develop symptoms of mental illness. The lead author, Dr. Jason Nagata, an associate professor of pediatrics at UCSF, pointed out that even though the minimum age requirement for social media use, including TikTok, is 13, the study found that two-thirds of the students had social media accounts.\u003c/p>\n\u003cp>“Robust age verification is not currently present, and many kids are able to lie about their age and get TikTok accounts,” Nagata said.\u003c/p>\n\u003cp>The UCSF study also found that the impact on mental health also varied by race, with Black and Asian youth reporting weaker associations between screen time use and mental health than their white peers.\u003c/p>\n\u003cp>“I think it is also possible that through social media, minority groups — whether it’s racial or ethnic minorities or even LGBT youth — may be able to connect with others on social media, even if they don’t have that community in their immediate in-person environment,” Nagata said.\u003c/p>\n\u003cp>\u003cem>KQED’s \u003ca href=\"https://www.kqed.org/author/lesleymcclurg\">Leslie McClurg\u003c/a> contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "Attorney General Rob Bonta announced the lawsuit on Tuesday against the social media company for misleading the public and getting kids addicted to the app. ",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://www.kqed.org/news/tag/california\">California\u003c/a> and New York are leading the charge of more than a dozen states suing\u003ca href=\"https://www.kqed.org/news/tag/tiktok\"> TikTok\u003c/a>, accusing the social media giant of designing addictive features to keep kids hooked on the platform.\u003c/p>\n\u003cp>The 81-page, heavily redacted complaint filed by California Attorney General Rob Bonta in Santa Clara County on Tuesday alleges that TikTok violated California’s Unfair Competition Law and False Advertising Law by collecting the personal information of young users. It also claims that the company’s scheme of purported safety features and tools misled the public about the app’s dangers and instead promoted harmful content to children.\u003c/p>\n\u003cp>Bonta and New York Attorney General Letitia Brown co-led the coalition of attorneys general from 13 states and the District of Columbia, with each filing its own lawsuit alleging that TikTok violated consumer laws and damaged the mental health of children.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Bonta’s office started investigating TikTok’s potential harms in 2022. California filed a similar lawsuit against Facebook’s parent company, Meta, last year.\u003c/p>\n\u003cp>In a Tuesday press conference at the San Francisco Public Library, Bonta called youth addiction “a key and central pillar to TikTok’s business model.”\u003c/p>\n\u003cp>“They specifically prey on young people’s vulnerabilities and their developing brains,” Bonta said. “They have an algorithm that’s designed to suck our kids in and keep them on.”\u003c/p>\n\u003cfigure id=\"attachment_12008466\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12008466\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/TikTokGetty.jpg\" alt=\"\" width=\"2000\" height=\"1498\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/TikTokGetty.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/TikTokGetty-800x599.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/TikTokGetty-1020x764.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/TikTokGetty-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/TikTokGetty-1536x1150.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/TikTokGetty-1920x1438.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">California Attorney General Rob Bonta is leading a multi-state lawsuit against TikTok, accusing the company of exploiting and harming young users. Bonta filed the suit in Santa Clara County Superior Court and announced the action at San Francisco’s main library on Tuesday. \u003ccite>(Dan Kitwood/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Bonta outlined several features of the app that state regulators say harm the mental health of young people — especially girls — including beauty filters, infinite scrolling, push notifications and likes.\u003c/p>\n\u003cp>“The use of these features, which are manipulative and harmful, is intentional,” Bonta said.\u003c/p>\n\u003cp>TikTok spokesperson Jason Grosse told KQED the company strongly disagrees with the claims made by Bonta, which he called “inaccurate and misleading.”\u003c/p>\n\u003cp>“We’re proud of and remain deeply committed to the work we’ve done to protect teens, and we will continue to update and improve our product,” he said.\u003c/p>\n\u003cp>Grosse noted that the lawsuit followed more than two years of negotiations with the 12 states.\u003c/p>\n\u003cp>“It is incredibly disappointing they have taken this step rather than work with us on constructive solutions to industry-wide challenges,” he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>TikTok faced Congressional scrutiny last year when CEO Shou Zi Chew was grilled by lawmakers about the safety and security of the immensely popular app. Chew testified that while the vast majority of TikTok users are over 18, the company has invested in measures to protect young people who use the app.\u003c/p>\n\u003cp>TikTok also faces legal threats at the federal level. In April, President Joe Biden signed into law legislation to ban or force a sale of TikTok by ByteDance, the app’s parent company. TikTok has 16 million users in California and an outsized influence in Silicon Valley, where it expanded its offices in San Jose earlier this year. According to California’s complaint, San Jose and neighboring Mountain View are “the hub” for the app’s Trust and Safety Team, which protects user data and is intended to specialize in youth safety.\u003c/p>\n\u003cp>A 2022 Pew Research Center \u003ca href=\"https://www.pewresearch.org/internet/2022/08/10/teens-social-media-and-technology-2022/\">report\u003c/a> found that 67% of U.S. teens ages 13-17 use TikTok, and 16% of all teens said they use the app almost constantly.\u003c/p>\n\u003cp>A \u003ca href=\"https://www.ucsf.edu/news/2024/10/428581/preteens-more-screen-time-tied-depression-anxiety-later\">UCSF study\u003c/a> published Monday found that for preteens, longer screen time increases the likelihood that nine- and 10-year-olds will develop symptoms of mental illness. The lead author, Dr. Jason Nagata, an associate professor of pediatrics at UCSF, pointed out that even though the minimum age requirement for social media use, including TikTok, is 13, the study found that two-thirds of the students had social media accounts.\u003c/p>\n\u003cp>“Robust age verification is not currently present, and many kids are able to lie about their age and get TikTok accounts,” Nagata said.\u003c/p>\n\u003cp>The UCSF study also found that the impact on mental health also varied by race, with Black and Asian youth reporting weaker associations between screen time use and mental health than their white peers.\u003c/p>\n\u003cp>“I think it is also possible that through social media, minority groups — whether it’s racial or ethnic minorities or even LGBT youth — may be able to connect with others on social media, even if they don’t have that community in their immediate in-person environment,” Nagata said.\u003c/p>\n\u003cp>\u003cem>KQED’s \u003ca href=\"https://www.kqed.org/author/lesleymcclurg\">Leslie McClurg\u003c/a> contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>U.S. Supreme Court justices on Monday declined to hear an appeal from \u003ca href=\"https://www.kqed.org/news/tag/uber\">Uber\u003c/a> and \u003ca href=\"https://www.kqed.org/news/tag/lyft\">Lyft\u003c/a> that sought to block California state labor lawsuits over back pay for drivers.\u003c/p>\n\u003cp>The decision — or lack thereof — let stand a California appeals court ruling from 2023 that allowed the state lawsuits to proceed because state officials never agreed to be bound by employer arbitration agreements.\u003c/p>\n\u003cp>“The California Court of Appeal basically said, look, these state agencies, they get to go into court, and they have the authority to undertake enforcement actions to enforce the law,” said Cheryl Sabnis, who practices employer-side labor law in San Francisco for Vedder Price.\u003c/p>\n\u003cp>“This is not a private dispute necessarily between an individual and a company where you would definitely see a motion to compel arbitration. You know, often those are granted. This is a very different animal,” she added.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch2>Here’s what you need to know:\u003c/h2>\n\u003cp>Four years ago, California Atty. Gen. Rob Bonta and Labor Commissioner Lilia Garcia-Brower sued the ride-hailing companies for the “misclassification of drivers as independent contractors” rather than as employees. The suit sought money “for unpaid wages and penalties owed to workers which will be distributed to all drivers who worked for Uber or Lyft during the time period covered by the lawsuits.”\u003c/p>\n\u003cp>The lawsuit continued even after voters approved Proposition 22 in 2020 to uphold the authority of companies to classify drivers as independent contractors. Uber, Lyft and DoorDash, among other companies, spent more than $200 million to back the ballot measure, which was approved by 59% of voters in November 2020. The initiative was in response to \u003ca href=\"https://www.kqed.org/news/tag/ab5\">Assembly Bill 5\u003c/a>, a state law that made it more difficult to classify drivers as independent contractors.\u003c/p>\n\u003cfigure id=\"attachment_11959050\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11959050\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230824-UBER-Getty-RB-KQED.jpg\" alt='A white bumpersticker with the word \"Uber\" written on it on a car bumper.' width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230824-UBER-Getty-RB-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230824-UBER-Getty-RB-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230824-UBER-Getty-RB-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230824-UBER-Getty-RB-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230824-UBER-Getty-RB-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230824-UBER-Getty-RB-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">An Uber sticker is seen on a car on Aug. 20, 2020 in Los Angeles. \u003ccite>(Robyn Beck/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In its ruling last year, the state appeals court in San Francisco said California officials were not suing on behalf of drivers so much as enforcing state labor laws. “The public officials who brought these actions do not derive their authority from individual drivers but from their independent statutory authority to bring civil enforcement actions,” \u003ca href=\"https://casetext.com/case/in-re-uber-techs-wage-hour-cases\">Justice Jon Streeter wrote\u003c/a> for the California Court of Appeal.\u003c/p>\n\u003cp>In January, the state Supreme Court refused to hear an appeal. Uber and Lyft then asked the U.S. Supreme Court to weigh in.\u003c/p>\n\u003cp>The California attorney general’s office applauded the high court’s move on Monday. “We’re pleased by the U.S. Supreme Court’s decision to deny certiorari in this case, allowing the case to proceed in the California Superior Court,” the office said in a statement, adding that it “remains committed to defending the rights of California workers to receive the benefits and protections to which they are legally entitled.”\u003c/p>\n\u003ch2>Driving the story\u003c/h2>\n\u003cp>Uber and Lyft have been locked in a years-long battle with the state of California over how to classify gig workers. In their\u003ca href=\"https://www.scotusblog.com/case-files/cases/uber-technologies-inc-v-california/\"> appeal to the Supreme Court, lawyers for Uber\u003c/a> and Lyft, joined by a coalition of California employers, contended that the Federal Arbitration Act overrides state laws and blocks state lawsuits seeking money for employees who already agreed to arbitrate claims as individuals.\u003c/p>\n\u003cp>[aside postID=news_12007450 hero='https://ww2.kqed.org/app/uploads/sites/10/2017/10/RS27783_GettyImages-461843616-qut-1180x782.jpg']\u003c/p>\n\u003cp>The U.S. Supreme Court \u003ca href=\"https://www.supremecourt.gov/docket/docketfiles/html/public/23-1130.html\">provided no explanatio\u003c/a>n along with its determination not to hear appeals from\u003ca href=\"https://www.kqed.org/news/tag/uber\"> Uber\u003c/a> and\u003ca href=\"https://www.kqed.org/news/tag/lyft\"> Lyft\u003c/a> asking to block state labor lawsuits over back pay for drivers. That kicks the case back to state courts, but it means there’s a continuing lack of clarity, according to UC Santa Cruz sociology professor Steve McKay, who directs the university’s Center for Labor and Community.\u003c/p>\n\u003cp>“When we have a system where employers pay for a lot of the benefits, who’s covered and how? And that’s actually falling more and more to the state to provide that then if employers aren’t doing it,” McKay said.\u003c/p>\n\u003cp>There’s a lot of money at stake, he explained.\u003c/p>\n\u003cp>“When you’re an independent contractor, you’re not covered by worker protections such as wage and hour laws, anti-discrimination laws, and laws providing the ability for collective bargaining. If you’re a contractor, you don’t receive unemployment benefits. When you’re temporarily jobless, you don’t get worker’s comp if you’re injured, and you’re responsible for paying all the payroll tax,” McKay said.\u003c/p>\n\u003ch2>The company take\u003c/h2>\n\u003cp>Two years ago, the justices struck down part of California state law that\u003ca href=\"https://www.supremecourt.gov/opinions/21pdf/20-1573_8p6h.pdf\"> authorized private attorneys to sue\u003c/a> on behalf of a group of employees, even though they had agreed to be bound by individual arbitration.\u003c/p>\n\u003cp>Theane Evangelis, counsel for Uber, wrote in a statement to KQED, “While the Supreme Court did not take this opportunity to weigh in now, it should do so in the future, holding once again that the FAA preempts state efforts to undermine arbitration agreements.”\u003c/p>\n\u003cp>“It is also important to note that the Supreme Court is still considering our constitutional challenge to AB5,” she continued. “As we explained in detail in our complaint in that case — and to which a three-judge panel of the Ninth Circuit unanimously agreed — in enacting AB5, the California legislature unfairly targeted my clients out of animus rather than reason. We’re asking the U.S. Supreme Court to grant review and give us our day in court.”\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>U.S. Supreme Court justices on Monday declined to hear an appeal from \u003ca href=\"https://www.kqed.org/news/tag/uber\">Uber\u003c/a> and \u003ca href=\"https://www.kqed.org/news/tag/lyft\">Lyft\u003c/a> that sought to block California state labor lawsuits over back pay for drivers.\u003c/p>\n\u003cp>The decision — or lack thereof — let stand a California appeals court ruling from 2023 that allowed the state lawsuits to proceed because state officials never agreed to be bound by employer arbitration agreements.\u003c/p>\n\u003cp>“The California Court of Appeal basically said, look, these state agencies, they get to go into court, and they have the authority to undertake enforcement actions to enforce the law,” said Cheryl Sabnis, who practices employer-side labor law in San Francisco for Vedder Price.\u003c/p>\n\u003cp>“This is not a private dispute necessarily between an individual and a company where you would definitely see a motion to compel arbitration. You know, often those are granted. This is a very different animal,” she added.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>Here’s what you need to know:\u003c/h2>\n\u003cp>Four years ago, California Atty. Gen. Rob Bonta and Labor Commissioner Lilia Garcia-Brower sued the ride-hailing companies for the “misclassification of drivers as independent contractors” rather than as employees. The suit sought money “for unpaid wages and penalties owed to workers which will be distributed to all drivers who worked for Uber or Lyft during the time period covered by the lawsuits.”\u003c/p>\n\u003cp>The lawsuit continued even after voters approved Proposition 22 in 2020 to uphold the authority of companies to classify drivers as independent contractors. Uber, Lyft and DoorDash, among other companies, spent more than $200 million to back the ballot measure, which was approved by 59% of voters in November 2020. The initiative was in response to \u003ca href=\"https://www.kqed.org/news/tag/ab5\">Assembly Bill 5\u003c/a>, a state law that made it more difficult to classify drivers as independent contractors.\u003c/p>\n\u003cfigure id=\"attachment_11959050\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11959050\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230824-UBER-Getty-RB-KQED.jpg\" alt='A white bumpersticker with the word \"Uber\" written on it on a car bumper.' width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230824-UBER-Getty-RB-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230824-UBER-Getty-RB-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230824-UBER-Getty-RB-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230824-UBER-Getty-RB-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230824-UBER-Getty-RB-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/08/230824-UBER-Getty-RB-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">An Uber sticker is seen on a car on Aug. 20, 2020 in Los Angeles. \u003ccite>(Robyn Beck/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In its ruling last year, the state appeals court in San Francisco said California officials were not suing on behalf of drivers so much as enforcing state labor laws. “The public officials who brought these actions do not derive their authority from individual drivers but from their independent statutory authority to bring civil enforcement actions,” \u003ca href=\"https://casetext.com/case/in-re-uber-techs-wage-hour-cases\">Justice Jon Streeter wrote\u003c/a> for the California Court of Appeal.\u003c/p>\n\u003cp>In January, the state Supreme Court refused to hear an appeal. Uber and Lyft then asked the U.S. Supreme Court to weigh in.\u003c/p>\n\u003cp>The California attorney general’s office applauded the high court’s move on Monday. “We’re pleased by the U.S. Supreme Court’s decision to deny certiorari in this case, allowing the case to proceed in the California Superior Court,” the office said in a statement, adding that it “remains committed to defending the rights of California workers to receive the benefits and protections to which they are legally entitled.”\u003c/p>\n\u003ch2>Driving the story\u003c/h2>\n\u003cp>Uber and Lyft have been locked in a years-long battle with the state of California over how to classify gig workers. In their\u003ca href=\"https://www.scotusblog.com/case-files/cases/uber-technologies-inc-v-california/\"> appeal to the Supreme Court, lawyers for Uber\u003c/a> and Lyft, joined by a coalition of California employers, contended that the Federal Arbitration Act overrides state laws and blocks state lawsuits seeking money for employees who already agreed to arbitrate claims as individuals.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The U.S. Supreme Court \u003ca href=\"https://www.supremecourt.gov/docket/docketfiles/html/public/23-1130.html\">provided no explanatio\u003c/a>n along with its determination not to hear appeals from\u003ca href=\"https://www.kqed.org/news/tag/uber\"> Uber\u003c/a> and\u003ca href=\"https://www.kqed.org/news/tag/lyft\"> Lyft\u003c/a> asking to block state labor lawsuits over back pay for drivers. That kicks the case back to state courts, but it means there’s a continuing lack of clarity, according to UC Santa Cruz sociology professor Steve McKay, who directs the university’s Center for Labor and Community.\u003c/p>\n\u003cp>“When we have a system where employers pay for a lot of the benefits, who’s covered and how? And that’s actually falling more and more to the state to provide that then if employers aren’t doing it,” McKay said.\u003c/p>\n\u003cp>There’s a lot of money at stake, he explained.\u003c/p>\n\u003cp>“When you’re an independent contractor, you’re not covered by worker protections such as wage and hour laws, anti-discrimination laws, and laws providing the ability for collective bargaining. If you’re a contractor, you don’t receive unemployment benefits. When you’re temporarily jobless, you don’t get worker’s comp if you’re injured, and you’re responsible for paying all the payroll tax,” McKay said.\u003c/p>\n\u003ch2>The company take\u003c/h2>\n\u003cp>Two years ago, the justices struck down part of California state law that\u003ca href=\"https://www.supremecourt.gov/opinions/21pdf/20-1573_8p6h.pdf\"> authorized private attorneys to sue\u003c/a> on behalf of a group of employees, even though they had agreed to be bound by individual arbitration.\u003c/p>\n\u003cp>Theane Evangelis, counsel for Uber, wrote in a statement to KQED, “While the Supreme Court did not take this opportunity to weigh in now, it should do so in the future, holding once again that the FAA preempts state efforts to undermine arbitration agreements.”\u003c/p>\n\u003cp>“It is also important to note that the Supreme Court is still considering our constitutional challenge to AB5,” she continued. “As we explained in detail in our complaint in that case — and to which a three-judge panel of the Ninth Circuit unanimously agreed — in enacting AB5, the California legislature unfairly targeted my clients out of animus rather than reason. We’re asking the U.S. Supreme Court to grant review and give us our day in court.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"slug": "how-meta-brings-in-millions-off-political-violence",
"title": "How Meta Brings in Millions Off Political Violence",
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"headTitle": "How Meta Brings in Millions Off Political Violence | KQED",
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"content": "\u003cp>After the attempted assassination of Donald Trump in July, the merchandise started showing up on Facebook.\u003c/p>\n\u003cp>Trump, fist in the air, face bloodied from a bullet, appeared on everything. Coffee mugs. Hawaiian shirts. Trading cards. Commemorative coins. Heart ornaments. Ads for these products used images captured at the scene by \u003ca href=\"https://www.nytimes.com/2024/07/14/arts/design/trump-photo-raised-fist.html\">Doug Mills\u003c/a> for the New York Times and \u003ca href=\"https://www.theatlantic.com/politics/archive/2024/07/trump-assassination-attempt-evan-vucci/679011/\">Evan Vucci\u003c/a> for the Associated Press, showing Trump yelling “fight” after the shooting. The Trump campaign itself even \u003ca href=\"https://www.facebook.com/ads/library/?id=513229838128846\">offered some gear\u003c/a> commemorating his survival.\u003c/p>\n\u003cp>As the Secret Service drew scrutiny and law enforcement searched for a motive, online advertisers saw a business opportunity in the moment, pumping out Facebook ads to supporters hungry for merch.\u003c/p>\n\u003cfigure id=\"attachment_12008148\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-12008148\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-1-copy-800x1298.jpg\" alt=\"\" width=\"800\" height=\"1298\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-1-copy-800x1298.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-1-copy-160x260.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-1-copy.jpg 896w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">CalMatters and The Markup ran a simple search of Meta’s Ad Library and found ads for merchandise related to Trump’s assassination attempt.\u003c/figcaption>\u003c/figure>\n\u003cp>In the 10 weeks after the shooting, advertisers paid Meta between $593,000 and $813,000 for political ads that explicitly mentioned the assassination attempt, according to The Markup’s analysis. (Meta provides only estimates of spending and reach for ads in its database.)\u003c/p>\n\u003cp>Even Facebook itself \u003ca href=\"https://www.nytimes.com/2018/11/06/technology/myanmar-facebook.html\">has acknowledged\u003c/a> that polarizing content and misinformation on its platform has incited real-life violence. An analysis by CalMatters and The Markup found that the reverse is also true: real-world violence can sometimes open new revenue opportunities for Meta.\u003c/p>\n\u003cp>While the spending on assassination ads represents a sliver of Meta’s $100 billion-plus ad revenue, the company also builds its bottom line when tragedies like war and mass shootings occur, in the United States and beyond. After the October 7th attack on Israel last year and the country’s response in Gaza, Meta saw a major increase in dollars spent related to the conflict, according to our review.\u003c/p>\n\u003cp>Tech advocacy groups and others question whether Facebook should even profit from violence and whether its ability to do so violates the company’s own principles of not calling for violence. The company said advertisers often respond to current events and that ads that run on its platform are reviewed and must meet the company’s standards.\u003c/p>\n\u003cp>If you count all of the political ads mentioning Israel since the attack through the last week of September, organizations and individuals paid Meta between $14.8 million and $22.1 million for ads seen between 1.5 billion and 1.7 billion times on Meta’s platforms. Meta made much less for ads mentioning Israel during the same period the year before: between $2.4 million and $4 million for ads that were seen between 373 million and 445 million times. At the high end of Meta’s estimates, this was a 450% increase in Israel-related ad dollars for the company. (In our analysis, we converted foreign currency purchases to current U.S. dollars.)\u003c/p>\n\u003cp>\u003cimg loading=\"lazy\" decoding=\"async\" class=\"aligncenter size-full wp-image-12008173\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/Image-10-5-24-at-4.28%E2%80%AFPM-scaled-e1728171034139.jpg\" alt=\"\" width=\"1331\" height=\"844\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/Image-10-5-24-at-4.28 PM-scaled-e1728171034139.jpg 1331w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/Image-10-5-24-at-4.28 PM-scaled-e1728171034139-800x507.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/Image-10-5-24-at-4.28 PM-scaled-e1728171034139-1020x647.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/Image-10-5-24-at-4.28 PM-scaled-e1728171034139-160x101.jpg 160w\" sizes=\"(max-width: 1331px) 100vw, 1331px\">\u003c/p>\n\u003cp>The American Israel Public Affairs Committee, a lobbying group that promotes Israel, was the major spender on ads mentioning Israel. In the six months after October 7th, its spending increased more than 300% over the previous six months, to between $1.8 million and $2.7 million, as the organization peppered Facebook and Instagram with ads defending Israel’s actions in Gaza and pressuring politicians to support the country.\u003c/p>\n\u003cp>As the war has roiled the region, AIPAC paid Meta about as much for ads in the 15 weeks following October 7th as the entire year before.\u003c/p>\n\u003cp>“Our effort is directed to encouraging pro-Israel Americans to stand with our democratic ally as it battles Iranian proxies in the aftermath of the barbaric Hamas attack of October 7th,” Marshall Wittmann, a spokesperson for AIPAC, said in an emailed statement.\u003c/p>\n\u003cp>(See the data on our \u003ca href=\"https://github.com/the-markup/investigation-meta-political-violence-ads\">Github repo\u003c/a>).\u003c/p>\n\u003cfigure id=\"attachment_12008154\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-12008154\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-2-copy-800x1298.jpg\" alt=\"\" width=\"800\" height=\"1298\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-2-copy-800x1298.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-2-copy-160x260.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-2-copy.jpg 896w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">CalMatters and The Markup ran a simple search of Meta’s Ad Library and found ads for merchandise related to Trump’s assassination attempt.\u003c/figcaption>\u003c/figure>\n\u003cp>Other ad campaigns mentioning Israel supported different sides of the conflict. Doctors Without Borders, for example, used advertising to highlight the humanitarian crisis in Gaza. Other ads defended and promoted Israel. The Christian Broadcasting Network tied the October 7th attack to a claim in an ad that Iran’s “final, deadly goal” was “to establish a modern caliphate—an Islamic-founded, tyrannical government—across the world.”\u003c/p>\n\u003cp>Meta, the parent company of Facebook and Instagram, takes in the vast majority of its revenue \u003ca href=\"https://www.forbes.com/sites/dereksaul/2023/10/25/meta-earnings-record-profits-sales-as-ads-stay-robust-during-zuckerbergs-year-of-efficiency/\">from targeted advertising\u003c/a>. The company tracks users online to profile their habits and, when a business or organization wants to reach them, lets those businesses pay to send ads to people who might be interested. Those ads might be tied to something perfectly wholesome, like gardening. But the company’s algorithms don’t distinguish between simple hobbies and something darker.\u003c/p>\n\u003cp>Meta spokesperson Tracy Clayton said in an emailed statement that Meta did not ultimately profit from political violence, as advertisers broadly back away from advertising during times of strife for fear their ads will be promoted alongside news of the violence.\u003c/p>\n\u003cp>Clayton noted Meta’s chief financial officer recently said on an earnings call that it is “hard for us to attribute demand softness directly to any specific geopolitical event” but had seen lower ad spending “correlating with the start of the conflict” in the Middle East, and had seen similar at the start of the war in Ukraine.\u003c/p>\n\u003cp>“Advertisers responding to current events are nothing new, and it’s seen across the media landscape, including on television, radio, and online news outlets,” Clayton said. “All ads that run on our platform must go through a review process and adhere to our advertising and community standards, and Meta offers an extra layer of transparency by making them publicly available in our Ad Library.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>CalMatters and The Markup used Meta’s own tools to calculate how much Meta makes from spikes in advertising when instances of political violence happen, reviewing thousands of ads through both manual review and with the assistance of \u003ca href=\"https://www.llama.com/\">an AI model\u003c/a> offered by Meta itself. (We also made improvements to Meta Research’s scripts for accessing the Ad Library API, and \u003ca href=\"https://github.com/the-markup/Ad-Library-API-Script-Repository/\">we’re sharing our changes\u003c/a>.)\u003c/p>\n\u003cp>To examine the assassination attempt merchandise, we ran a simple search of \u003ca href=\"https://www.facebook.com/ads/library/\">Meta’s Ad Library\u003c/a> for ads that mentioned “assassination,” including any in our analysis that also mentioned “Trump” and hundreds of others that didn’t mention the former president by name but were clearly related to the shooting.\u003c/p>\n\u003cp>“First they jail him, now they try to end him,” one ad read. A conspiratorial ad for a commemorative two-dollar bill claimed “the assassination attempt was their Plan B,” while “Plan A was to make Biden abandon the presidential campaign.” Some ads used clips from the film JFK to suggest an unseen, malevolent force was at work in the shooting.\u003c/p>\n\u003cfigure id=\"attachment_12008157\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-12008157\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-3-copy-800x1576.jpg\" alt=\"\" width=\"800\" height=\"1576\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-3-copy-800x1576.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-3-copy-160x315.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-3-copy-780x1536.jpg 780w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-3-copy.jpg 896w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">CalMatters and The Markup found that gun advocates used the presidential assassination attempt to promote products and services on Facebook, including this advertisement for a firearms safety course.\u003c/figcaption>\u003c/figure>\n\u003cp>Gun advocates paid for ads, using the assassination attempt as a foreboding call to action. One ad promoting a firearms safety course noted that “November is fast approaching.” A clothing business said in an ad that, since “the government can’t save you” from foreign enemies, Americans “need to be self-reliant, self-made, and self-sufficient.”\u003c/p>\n\u003cp>“Because when those bullets zip by, you are clearly on your own,” the ad read.\u003c/p>\n\u003cp>Most of those ads did not appear to violate Meta’s policies, although some may have broken its \u003ca href=\"https://transparency.meta.com/policies/community-standards/violence-incitement/\">ban against\u003c/a> showing weapons while alleging “election-related corruption.” But even the ones that didn’t clearly violate Meta’s rules still place the company in an uncomfortable position, as the business takes in advertising dollars from posts tied to grim news cycles.\u003c/p>\n\u003cp>CEO Mark Zuckerberg himself commented on the first Trump assassination attempt, saying \u003ca href=\"https://www.bloomberg.com/news/articles/2024-07-19/mark-zuckerberg-calls-donald-trump-badass-without-endorsing-for-president\">in an interview\u003c/a> that it was “one of the most badass things I’ve ever seen in my life.” Trump has now survived a second apparent assassination attempt, and Zuckerberg’s company has made millions of dollars through political advertising tied to these and other violent acts.\u003c/p>\n\u003cp>Katie Paul, director of the Tech Transparency Project, a nonprofit advocacy organization, said “it’s not a surprise” that ads around political violence would pop up after incidents “if Meta is not making any effort even on a good day to effectively enforce their policies.”\u003c/p>\n\u003cp>“There’s huge problems with their advertising broadly,” she said. “They’re profiting off of a lot of harmful things, really without any sort of repercussions.”\u003c/p>\n\u003ch2>A Trump-fueled business and cash from war\u003c/h2>\n\u003cp>Many businesses paying for the assassination ads sold pro-Trump gear before the shooting — and some might have spent a similar amount on ads if the shooting never happened.\u003c/p>\n\u003cp>But for some, the assassination attempt effectively became an entire business strategy, according to the review of Meta advertising data.\u003c/p>\n\u003cp>A clothing company called Red First, which offers everything from customized shirts for pet owners to flags saying “Hillary belongs in prison,” offered assassination-related merchandise through a network of pages with names like 50 Stars Nation and Red White and Blue Zone.\u003c/p>\n\u003cp>The company, which operates in California and Vietnam, according to Meta’s required disclosures, has spent more than $1.8 million since February 2023 to promote ads through its various pages. But in the wake of the shooting, the company pivoted to merchandise around the event.\u003c/p>\n\u003cfigure id=\"attachment_12008160\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-12008160\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-4-copy-800x1571.jpg\" alt=\"\" width=\"800\" height=\"1571\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-4-copy-800x1571.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-4-copy-160x314.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-4-copy-782x1536.jpg 782w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-4-copy.jpg 896w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">CalMatters and The Markup found that gun advocates used the presidential assassination attempt to promote products and services on Facebook, including this advertisement for a firearms safety course.\u003c/figcaption>\u003c/figure>\n\u003cp>Red First’s ads were relatively innocuous compared to some that sprang up after the shooting – they promoted Trump, not the shooting, and not the idea of retaliation for it. One shirt showed an illustration of Trump, middle fingers in the air, and the words “you missed bigly.” The company has also offered Kamala Harris merchandise, recently launching a page dedicated to it as well.\u003c/p>\n\u003cp>But the ads related to the shooting simultaneously sold products, promoted Trump, and let Meta reap advertising cash from the incident.\u003c/p>\n\u003cp>Many of the thousands of ads posted by the company didn’t explicitly use the word “assassination,” but clearly referenced the event in other ways, using slogans like “he will overcome,” “fight fight fight,” “legends never die,” and “shooting makes me stronger.”\u003c/p>\n\u003cp>To suss out which ads were related to the shooting, we reviewed more than 4,200 ads from the company’s different pages with the assistance of a large language model \u003ca href=\"https://www.llama.com/\">named Llama\u003c/a>, a Meta AI model.\u003c/p>\n\u003cp>We programmed the model to evaluate the text of each ad to determine whether it was related to the assassination attempt, then manually reviewed hundreds of its classifications to ensure it was working as expected.\u003c/p>\n\u003cp>After our review, we determined that more than 2,600 of those more than 4,200 ads were related to the assassination attempt. The total Red First paid to Meta in the 10 weeks after the shooting for those ads: between $473,000 and $798,000.\u003c/p>\n\u003cp>Red First lists a phone number and street address in Southern California, but didn’t respond to phone or email, and the listed address is for a mail-opening service.\u003c/p>\n\u003ch2>The NRA and violent ads around the globe\u003c/h2>\n\u003cp>The advocacy organization the Tech Transparency Project has charted how the National Rifle Association has \u003ca href=\"https://www.techtransparencyproject.org/articles/profiting-from-tragedy\">paid to promote pro-gun views\u003c/a> on Meta and Google’s ad platforms after mass shootings. Despite calls from tech company executives for gun control, those companies profit from NRA spending that spikes after shootings, the group has pointed out.\u003c/p>\n\u003cp>After the mass school shooting in Parkland, Fla., the NRA increased its spending on Google and Facebook ads, the Tech Transparency Project noted in one report. In 2018, the year of the shooting, Meta received “more than $2 million in advertising fees from the NRA starting in May of that year,” the report found, which also found that “NRA ad spending reached its highest levels on Google and soared on Facebook” following a week of mass shootings the following year that left dozens of people dead.\u003c/p>\n\u003cp>\u003ca href=\"https://www.techtransparencyproject.org/articles/how-facebook-profits-insurrection\">Just days\u003c/a> before the January 6th insurrection, the Tech Transparency Project found that Meta hosted ads offering gun holsters and rifle accessories in far-right Facebook groups.\u003c/p>\n\u003cp>Internationally, Meta has often lapsed in its pledge to keep violent content off its platforms.\u003c/p>\n\u003cp>Meta’s ad policies forbid calling for violence. But when faced with crucial tests of its content moderation practices, the company has repeatedly failed to detect and remove inflammatory ads. \u003ca href=\"https://www.nytimes.com/2018/11/06/technology/myanmar-facebook.html\">A 2018 report\u003c/a>, commissioned by Facebook itself, found that its platform had been used to incite violence in Myanmar, and that the company hadn’t done enough to prevent it.\u003c/p>\n\u003cp>Alia Al Ghussain, a researcher on technology issues at Amnesty International, said that as troubling as some ads might be in English, ads in other languages may be even more likely to pass Meta’s content moderation. “In most of the non-English-speaking world, Facebook doesn’t have the resources that it needs to moderate the content on the platform effectively and safely,” she said.\u003c/p>\n\u003cp>Despite later admitting responsibility for violence in Myanmar, the company continues to be faulted for gaps in its international moderation work. Another advocacy organization found in a test that the company approved calls for \u003ca href=\"https://www.theguardian.com/us-news/2022/jun/09/facebook-hate-speech-test-fail-meta\">the murder of ethnic groups in Ethiopia\u003c/a>. More recently, a similar test by \u003ca href=\"https://theintercept.com/2023/11/21/facebook-ad-israel-palestine-violence/\">an advocacy organization found\u003c/a> that ads explicitly calling for violence against Palestinians—a flagrant violation of Meta’s rules—were still approved to run by the company.\u003c/p>\n\u003cp>“If ads which are presenting a risk of stoking tension or spreading misinformation are being approved in the US, in English, it really makes me fearful for what is happening in other countries in non-English-speaking languages,” Al Ghussain said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "Ads connected to the attempted assassination of Donald Trump and Israel’s war in Gaza brought Facebook millions.",
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"title": "How Meta Brings in Millions Off Political Violence | KQED",
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"nprByline": "\u003ca href=\"https://calmatters.org/author/colin-lecher/\">Colin Lecher\u003c/a> and \u003ca href=\"https://calmatters.org/author/tomas-apodaca/\">Tomas Apodaca\u003c/a>, CalMatters",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>After the attempted assassination of Donald Trump in July, the merchandise started showing up on Facebook.\u003c/p>\n\u003cp>Trump, fist in the air, face bloodied from a bullet, appeared on everything. Coffee mugs. Hawaiian shirts. Trading cards. Commemorative coins. Heart ornaments. Ads for these products used images captured at the scene by \u003ca href=\"https://www.nytimes.com/2024/07/14/arts/design/trump-photo-raised-fist.html\">Doug Mills\u003c/a> for the New York Times and \u003ca href=\"https://www.theatlantic.com/politics/archive/2024/07/trump-assassination-attempt-evan-vucci/679011/\">Evan Vucci\u003c/a> for the Associated Press, showing Trump yelling “fight” after the shooting. The Trump campaign itself even \u003ca href=\"https://www.facebook.com/ads/library/?id=513229838128846\">offered some gear\u003c/a> commemorating his survival.\u003c/p>\n\u003cp>As the Secret Service drew scrutiny and law enforcement searched for a motive, online advertisers saw a business opportunity in the moment, pumping out Facebook ads to supporters hungry for merch.\u003c/p>\n\u003cfigure id=\"attachment_12008148\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-12008148\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-1-copy-800x1298.jpg\" alt=\"\" width=\"800\" height=\"1298\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-1-copy-800x1298.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-1-copy-160x260.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-1-copy.jpg 896w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">CalMatters and The Markup ran a simple search of Meta’s Ad Library and found ads for merchandise related to Trump’s assassination attempt.\u003c/figcaption>\u003c/figure>\n\u003cp>In the 10 weeks after the shooting, advertisers paid Meta between $593,000 and $813,000 for political ads that explicitly mentioned the assassination attempt, according to The Markup’s analysis. (Meta provides only estimates of spending and reach for ads in its database.)\u003c/p>\n\u003cp>Even Facebook itself \u003ca href=\"https://www.nytimes.com/2018/11/06/technology/myanmar-facebook.html\">has acknowledged\u003c/a> that polarizing content and misinformation on its platform has incited real-life violence. An analysis by CalMatters and The Markup found that the reverse is also true: real-world violence can sometimes open new revenue opportunities for Meta.\u003c/p>\n\u003cp>While the spending on assassination ads represents a sliver of Meta’s $100 billion-plus ad revenue, the company also builds its bottom line when tragedies like war and mass shootings occur, in the United States and beyond. After the October 7th attack on Israel last year and the country’s response in Gaza, Meta saw a major increase in dollars spent related to the conflict, according to our review.\u003c/p>\n\u003cp>Tech advocacy groups and others question whether Facebook should even profit from violence and whether its ability to do so violates the company’s own principles of not calling for violence. The company said advertisers often respond to current events and that ads that run on its platform are reviewed and must meet the company’s standards.\u003c/p>\n\u003cp>If you count all of the political ads mentioning Israel since the attack through the last week of September, organizations and individuals paid Meta between $14.8 million and $22.1 million for ads seen between 1.5 billion and 1.7 billion times on Meta’s platforms. Meta made much less for ads mentioning Israel during the same period the year before: between $2.4 million and $4 million for ads that were seen between 373 million and 445 million times. At the high end of Meta’s estimates, this was a 450% increase in Israel-related ad dollars for the company. (In our analysis, we converted foreign currency purchases to current U.S. dollars.)\u003c/p>\n\u003cp>\u003cimg loading=\"lazy\" decoding=\"async\" class=\"aligncenter size-full wp-image-12008173\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/Image-10-5-24-at-4.28%E2%80%AFPM-scaled-e1728171034139.jpg\" alt=\"\" width=\"1331\" height=\"844\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/Image-10-5-24-at-4.28 PM-scaled-e1728171034139.jpg 1331w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/Image-10-5-24-at-4.28 PM-scaled-e1728171034139-800x507.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/Image-10-5-24-at-4.28 PM-scaled-e1728171034139-1020x647.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/Image-10-5-24-at-4.28 PM-scaled-e1728171034139-160x101.jpg 160w\" sizes=\"(max-width: 1331px) 100vw, 1331px\">\u003c/p>\n\u003cp>The American Israel Public Affairs Committee, a lobbying group that promotes Israel, was the major spender on ads mentioning Israel. In the six months after October 7th, its spending increased more than 300% over the previous six months, to between $1.8 million and $2.7 million, as the organization peppered Facebook and Instagram with ads defending Israel’s actions in Gaza and pressuring politicians to support the country.\u003c/p>\n\u003cp>As the war has roiled the region, AIPAC paid Meta about as much for ads in the 15 weeks following October 7th as the entire year before.\u003c/p>\n\u003cp>“Our effort is directed to encouraging pro-Israel Americans to stand with our democratic ally as it battles Iranian proxies in the aftermath of the barbaric Hamas attack of October 7th,” Marshall Wittmann, a spokesperson for AIPAC, said in an emailed statement.\u003c/p>\n\u003cp>(See the data on our \u003ca href=\"https://github.com/the-markup/investigation-meta-political-violence-ads\">Github repo\u003c/a>).\u003c/p>\n\u003cfigure id=\"attachment_12008154\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-12008154\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-2-copy-800x1298.jpg\" alt=\"\" width=\"800\" height=\"1298\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-2-copy-800x1298.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-2-copy-160x260.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-2-copy.jpg 896w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">CalMatters and The Markup ran a simple search of Meta’s Ad Library and found ads for merchandise related to Trump’s assassination attempt.\u003c/figcaption>\u003c/figure>\n\u003cp>Other ad campaigns mentioning Israel supported different sides of the conflict. Doctors Without Borders, for example, used advertising to highlight the humanitarian crisis in Gaza. Other ads defended and promoted Israel. The Christian Broadcasting Network tied the October 7th attack to a claim in an ad that Iran’s “final, deadly goal” was “to establish a modern caliphate—an Islamic-founded, tyrannical government—across the world.”\u003c/p>\n\u003cp>Meta, the parent company of Facebook and Instagram, takes in the vast majority of its revenue \u003ca href=\"https://www.forbes.com/sites/dereksaul/2023/10/25/meta-earnings-record-profits-sales-as-ads-stay-robust-during-zuckerbergs-year-of-efficiency/\">from targeted advertising\u003c/a>. The company tracks users online to profile their habits and, when a business or organization wants to reach them, lets those businesses pay to send ads to people who might be interested. Those ads might be tied to something perfectly wholesome, like gardening. But the company’s algorithms don’t distinguish between simple hobbies and something darker.\u003c/p>\n\u003cp>Meta spokesperson Tracy Clayton said in an emailed statement that Meta did not ultimately profit from political violence, as advertisers broadly back away from advertising during times of strife for fear their ads will be promoted alongside news of the violence.\u003c/p>\n\u003cp>Clayton noted Meta’s chief financial officer recently said on an earnings call that it is “hard for us to attribute demand softness directly to any specific geopolitical event” but had seen lower ad spending “correlating with the start of the conflict” in the Middle East, and had seen similar at the start of the war in Ukraine.\u003c/p>\n\u003cp>“Advertisers responding to current events are nothing new, and it’s seen across the media landscape, including on television, radio, and online news outlets,” Clayton said. “All ads that run on our platform must go through a review process and adhere to our advertising and community standards, and Meta offers an extra layer of transparency by making them publicly available in our Ad Library.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>CalMatters and The Markup used Meta’s own tools to calculate how much Meta makes from spikes in advertising when instances of political violence happen, reviewing thousands of ads through both manual review and with the assistance of \u003ca href=\"https://www.llama.com/\">an AI model\u003c/a> offered by Meta itself. (We also made improvements to Meta Research’s scripts for accessing the Ad Library API, and \u003ca href=\"https://github.com/the-markup/Ad-Library-API-Script-Repository/\">we’re sharing our changes\u003c/a>.)\u003c/p>\n\u003cp>To examine the assassination attempt merchandise, we ran a simple search of \u003ca href=\"https://www.facebook.com/ads/library/\">Meta’s Ad Library\u003c/a> for ads that mentioned “assassination,” including any in our analysis that also mentioned “Trump” and hundreds of others that didn’t mention the former president by name but were clearly related to the shooting.\u003c/p>\n\u003cp>“First they jail him, now they try to end him,” one ad read. A conspiratorial ad for a commemorative two-dollar bill claimed “the assassination attempt was their Plan B,” while “Plan A was to make Biden abandon the presidential campaign.” Some ads used clips from the film JFK to suggest an unseen, malevolent force was at work in the shooting.\u003c/p>\n\u003cfigure id=\"attachment_12008157\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-12008157\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-3-copy-800x1576.jpg\" alt=\"\" width=\"800\" height=\"1576\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-3-copy-800x1576.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-3-copy-160x315.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-3-copy-780x1536.jpg 780w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-3-copy.jpg 896w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">CalMatters and The Markup found that gun advocates used the presidential assassination attempt to promote products and services on Facebook, including this advertisement for a firearms safety course.\u003c/figcaption>\u003c/figure>\n\u003cp>Gun advocates paid for ads, using the assassination attempt as a foreboding call to action. One ad promoting a firearms safety course noted that “November is fast approaching.” A clothing business said in an ad that, since “the government can’t save you” from foreign enemies, Americans “need to be self-reliant, self-made, and self-sufficient.”\u003c/p>\n\u003cp>“Because when those bullets zip by, you are clearly on your own,” the ad read.\u003c/p>\n\u003cp>Most of those ads did not appear to violate Meta’s policies, although some may have broken its \u003ca href=\"https://transparency.meta.com/policies/community-standards/violence-incitement/\">ban against\u003c/a> showing weapons while alleging “election-related corruption.” But even the ones that didn’t clearly violate Meta’s rules still place the company in an uncomfortable position, as the business takes in advertising dollars from posts tied to grim news cycles.\u003c/p>\n\u003cp>CEO Mark Zuckerberg himself commented on the first Trump assassination attempt, saying \u003ca href=\"https://www.bloomberg.com/news/articles/2024-07-19/mark-zuckerberg-calls-donald-trump-badass-without-endorsing-for-president\">in an interview\u003c/a> that it was “one of the most badass things I’ve ever seen in my life.” Trump has now survived a second apparent assassination attempt, and Zuckerberg’s company has made millions of dollars through political advertising tied to these and other violent acts.\u003c/p>\n\u003cp>Katie Paul, director of the Tech Transparency Project, a nonprofit advocacy organization, said “it’s not a surprise” that ads around political violence would pop up after incidents “if Meta is not making any effort even on a good day to effectively enforce their policies.”\u003c/p>\n\u003cp>“There’s huge problems with their advertising broadly,” she said. “They’re profiting off of a lot of harmful things, really without any sort of repercussions.”\u003c/p>\n\u003ch2>A Trump-fueled business and cash from war\u003c/h2>\n\u003cp>Many businesses paying for the assassination ads sold pro-Trump gear before the shooting — and some might have spent a similar amount on ads if the shooting never happened.\u003c/p>\n\u003cp>But for some, the assassination attempt effectively became an entire business strategy, according to the review of Meta advertising data.\u003c/p>\n\u003cp>A clothing company called Red First, which offers everything from customized shirts for pet owners to flags saying “Hillary belongs in prison,” offered assassination-related merchandise through a network of pages with names like 50 Stars Nation and Red White and Blue Zone.\u003c/p>\n\u003cp>The company, which operates in California and Vietnam, according to Meta’s required disclosures, has spent more than $1.8 million since February 2023 to promote ads through its various pages. But in the wake of the shooting, the company pivoted to merchandise around the event.\u003c/p>\n\u003cfigure id=\"attachment_12008160\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-12008160\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-4-copy-800x1571.jpg\" alt=\"\" width=\"800\" height=\"1571\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-4-copy-800x1571.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-4-copy-160x314.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-4-copy-782x1536.jpg 782w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/100324-FB-AD-CM-TM-SCREENSHOT-4-copy.jpg 896w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">CalMatters and The Markup found that gun advocates used the presidential assassination attempt to promote products and services on Facebook, including this advertisement for a firearms safety course.\u003c/figcaption>\u003c/figure>\n\u003cp>Red First’s ads were relatively innocuous compared to some that sprang up after the shooting – they promoted Trump, not the shooting, and not the idea of retaliation for it. One shirt showed an illustration of Trump, middle fingers in the air, and the words “you missed bigly.” The company has also offered Kamala Harris merchandise, recently launching a page dedicated to it as well.\u003c/p>\n\u003cp>But the ads related to the shooting simultaneously sold products, promoted Trump, and let Meta reap advertising cash from the incident.\u003c/p>\n\u003cp>Many of the thousands of ads posted by the company didn’t explicitly use the word “assassination,” but clearly referenced the event in other ways, using slogans like “he will overcome,” “fight fight fight,” “legends never die,” and “shooting makes me stronger.”\u003c/p>\n\u003cp>To suss out which ads were related to the shooting, we reviewed more than 4,200 ads from the company’s different pages with the assistance of a large language model \u003ca href=\"https://www.llama.com/\">named Llama\u003c/a>, a Meta AI model.\u003c/p>\n\u003cp>We programmed the model to evaluate the text of each ad to determine whether it was related to the assassination attempt, then manually reviewed hundreds of its classifications to ensure it was working as expected.\u003c/p>\n\u003cp>After our review, we determined that more than 2,600 of those more than 4,200 ads were related to the assassination attempt. The total Red First paid to Meta in the 10 weeks after the shooting for those ads: between $473,000 and $798,000.\u003c/p>\n\u003cp>Red First lists a phone number and street address in Southern California, but didn’t respond to phone or email, and the listed address is for a mail-opening service.\u003c/p>\n\u003ch2>The NRA and violent ads around the globe\u003c/h2>\n\u003cp>The advocacy organization the Tech Transparency Project has charted how the National Rifle Association has \u003ca href=\"https://www.techtransparencyproject.org/articles/profiting-from-tragedy\">paid to promote pro-gun views\u003c/a> on Meta and Google’s ad platforms after mass shootings. Despite calls from tech company executives for gun control, those companies profit from NRA spending that spikes after shootings, the group has pointed out.\u003c/p>\n\u003cp>After the mass school shooting in Parkland, Fla., the NRA increased its spending on Google and Facebook ads, the Tech Transparency Project noted in one report. In 2018, the year of the shooting, Meta received “more than $2 million in advertising fees from the NRA starting in May of that year,” the report found, which also found that “NRA ad spending reached its highest levels on Google and soared on Facebook” following a week of mass shootings the following year that left dozens of people dead.\u003c/p>\n\u003cp>\u003ca href=\"https://www.techtransparencyproject.org/articles/how-facebook-profits-insurrection\">Just days\u003c/a> before the January 6th insurrection, the Tech Transparency Project found that Meta hosted ads offering gun holsters and rifle accessories in far-right Facebook groups.\u003c/p>\n\u003cp>Internationally, Meta has often lapsed in its pledge to keep violent content off its platforms.\u003c/p>\n\u003cp>Meta’s ad policies forbid calling for violence. But when faced with crucial tests of its content moderation practices, the company has repeatedly failed to detect and remove inflammatory ads. \u003ca href=\"https://www.nytimes.com/2018/11/06/technology/myanmar-facebook.html\">A 2018 report\u003c/a>, commissioned by Facebook itself, found that its platform had been used to incite violence in Myanmar, and that the company hadn’t done enough to prevent it.\u003c/p>\n\u003cp>Alia Al Ghussain, a researcher on technology issues at Amnesty International, said that as troubling as some ads might be in English, ads in other languages may be even more likely to pass Meta’s content moderation. “In most of the non-English-speaking world, Facebook doesn’t have the resources that it needs to moderate the content on the platform effectively and safely,” she said.\u003c/p>\n\u003cp>Despite later admitting responsibility for violence in Myanmar, the company continues to be faulted for gaps in its international moderation work. Another advocacy organization found in a test that the company approved calls for \u003ca href=\"https://www.theguardian.com/us-news/2022/jun/09/facebook-hate-speech-test-fail-meta\">the murder of ethnic groups in Ethiopia\u003c/a>. More recently, a similar test by \u003ca href=\"https://theintercept.com/2023/11/21/facebook-ad-israel-palestine-violence/\">an advocacy organization found\u003c/a> that ads explicitly calling for violence against Palestinians—a flagrant violation of Meta’s rules—were still approved to run by the company.\u003c/p>\n\u003cp>“If ads which are presenting a risk of stoking tension or spreading misinformation are being approved in the US, in English, it really makes me fearful for what is happening in other countries in non-English-speaking languages,” Al Ghussain said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "How a Court Ruling Affects California Stem Cell Clinics That Use Unproven Therapies",
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"content": "\u003cp>Stem cell clinics have popped up throughout California, promising cures and relief for arthritis, Alzheimer’s and other conditions through cutting-edge technologies. Some, however, are offering services that have not been approved by federal health regulators.\u003c/p>\n\u003cp>The U.S. Food and Drug Administration last week gained a significant court win against stem cell clinics that promote and administer unproven therapies.\u003c/p>\n\u003cp>A three-judge panel on \u003ca href=\"https://cdn.ca9.uscourts.gov/datastore/opinions/2024/09/27/22-56014.pdf\">the 9th U.S. Circuit Court of Appeals ruled (PDF)\u003c/a> that the FDA can regulate two affiliated Southern California stem cell clinics and their treatments after a lower court had exempted them from regulation.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The decision, experts say, reasserts the FDA’s authority over regenerative medicine at a time when clinics advertising these types of stem cell products are booming. Unproven therapies have led to \u003ca href=\"https://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2021/06/harms-linked-to-unapproved-stem-cell-interventions-highlight-need-for-greater-fda-enforcement\">infections, disabilities and even death\u003c/a>, according to adverse reaction reports.\u003c/p>\n\u003cp>The case dates to 2018, when the FDA sued the California Stem Cell Treatment Center Inc., which has clinics in Rancho Mirage and Beverly Hills, for “improperly manufacturing and labeling” an unapproved product.\u003c/p>\n\u003cp>The FDA sought to stop the clinics from administering a so-called therapy that takes fat tissue from a patient to create a mixture of cells known as stromal vascular fraction. This is then injected back into the patient to treat a problem area, such as the knee for osteoarthritis.\u003c/p>\n\u003cp>“In recent years, clinics offering similar stem cell mixtures have proliferated despite concerns over whether such treatments are safe and effective,” one of the 9th Circuit judges wrote.\u003c/p>\n\u003cp>As stated in the appeals court ruling, the clinics advertised technology that could alleviate dozens of medical conditions, including arthritis, multiple sclerosis, Parkinson’s and heart problems, among others.\u003c/p>\n\u003cp>Because these treatments are not covered by insurance, people seeking these products pay tens of thousands of dollars out of pocket. A 12-treatment option could cost $41,500, the decision documents show.\u003c/p>\n\u003cp>The stem cell clinics countered that the treatment should be exempt from FDA oversight because it was more like a surgery than a new drug. \u003ca href=\"https://www.latimes.com/business/story/2022-08-31/federal-judge-tosses-lawsuit-targeting-stem-cell-clinic\">In 2022, a federal judge ruled in favor of the clinics\u003c/a> and the FDA appealed.\u003c/p>\n\u003cp>Experts say this most recent ruling strengthens the FDA’s authority over stem cell therapies and will help keep patients safe. It also \u003ca href=\"https://www.nbcnews.com/health/health-news/fda-wins-case-against-florida-stem-cell-clinic-harmed-three-n1013641\">matches the outcome of an earlier case\u003c/a> where the \u003ca href=\"https://www.justice.gov/opa/pr/florida-company-barred-using-experimental-stem-cell-drugs-patients\">FDA sued a Florida stem cell clinic\u003c/a> for administering a similar product and won, barring the clinic from selling such treatment.\u003c/p>\n\u003cp>“Now there is a coherent federal legal picture that this product can be regulated by the FDA as a drug. As a result, these cells cannot legally be used on patients by stem cell clinics without working with the agency first,” Paul Knoepfler, a professor of cell biology and human anatomy at the University of California, Davis, said via email. “Hundreds of clinics had been marketing them around the U.S. without FDA permission.”\u003c/p>\n\u003cp>An FDA spokesperson declined to comment on the ruling, saying the agency does not comment on ongoing litigation. Attorneys for the clinics did not return requests for comment.\u003c/p>\n\u003ch2>The landscape of stem cell therapies\u003c/h2>\n\u003cp>The FDA has issued multiple public warnings about stem cell treatments because of their popularity. In its notices, the FDA writes that \u003ca href=\"https://www.fda.gov/vaccines-blood-biologics/consumers-biologics/consumer-alert-regenerative-medicine-products-including-stem-cells-and-exosomes\">the only treatments approved for consumers\u003c/a> consist of blood-forming stem cells, which are used to fight certain cancers or blood disorders. The list of therapies ready for commercial use is short, experts say. Other types of stem cell treatments have been approved for clinical trials only.[aside label=\"Related Stories\" postID=\"news_12001344,news_12003006,news_12007157\"]Every drug and therapy approved in the U.S. has to first go through a rigorous and lengthy process that includes a clinical trial to prove it is both safe and effective.\u003c/p>\n\u003cp>“Please know that if you are being charged for these products or offered these products outside of a clinical trial, you are likely being deceived and offered a product illegally,” \u003ca href=\"https://www.fda.gov/vaccines-blood-biologics/consumers-biologics/important-patient-and-consumer-information-about-regenerative-medicine-therapies\">the FDA wrote in a warning\u003c/a> to consumers in 2021.\u003c/p>\n\u003cp>Unapproved stem cell products are not only illegal but also dangerous. In a high profile case, three elderly women went blind after receiving an unproven fat tissue-based stem cell treatment for macular degeneration at a Florida clinic, the same one that was later sued by the FDA. \u003ca href=\"https://www.statnews.com/2017/03/15/stem-cell-patients-blind-macular-degeneration/\">According to news reports\u003c/a> from when the case was first made public, the women sought treatments because they had difficulty reading fine print. After the procedures, the women suffered detached retinas, vision loss and bleeding inside the eye.\u003c/p>\n\u003ch2>‘You see them on billboards’\u003c/h2>\n\u003cp>The California Institute for Regenerative Medicine, the multibillion-dollar agency voters authorized in 2004 to fund stem cell research, also \u003ca href=\"https://www.cirm.ca.gov/participating-clinical-trial/\">warns on its website\u003c/a> against companies that promote “bogus therapies.”\u003c/p>\n\u003cp>“The general public knows that stem cells are a very important field that continues to develop, and they believe, as we certainly do, that they’re going to be the source of therapies and cures. The problem is these companies make it sound like we’re there already, and that’s just not the case,” said \u003ca href=\"https://www.cirm.ca.gov/about-cirm/cirm-leadership/\">Jonathan Thomas\u003c/a>, president of the agency.\u003c/p>\n\u003cp>Thomas said last week’s ruling is important because not only does it send a message to clinics that they can’t provide treatments without regulation, but it also gives a nod to researchers who are doing legitimate stem cell work and following the rules.\u003c/p>\n\u003cp>It’s also a warning for consumers, he said.\u003c/p>\n\u003cp>It is difficult to track these clinics advertising unapproved cures, so it is unclear how many are operating today. “We just know that they are proliferating because you see signs for them … you see them on billboards, you see ads, you see all sorts of things,” Thomas told CalMatters.\u003c/p>\n\u003cp>People who are considering a stem cell treatment should ask if the therapy has been approved by the FDA. Thomas said the public should be wary if a stem cell clinic says they are exempt from federal regulation. “Anytime you hear anything like that, I would say that’s a huge red flag,” he said.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Stem cell clinics have popped up throughout California, promising cures and relief for arthritis, Alzheimer’s and other conditions through cutting-edge technologies. Some, however, are offering services that have not been approved by federal health regulators.\u003c/p>\n\u003cp>The U.S. Food and Drug Administration last week gained a significant court win against stem cell clinics that promote and administer unproven therapies.\u003c/p>\n\u003cp>A three-judge panel on \u003ca href=\"https://cdn.ca9.uscourts.gov/datastore/opinions/2024/09/27/22-56014.pdf\">the 9th U.S. Circuit Court of Appeals ruled (PDF)\u003c/a> that the FDA can regulate two affiliated Southern California stem cell clinics and their treatments after a lower court had exempted them from regulation.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The decision, experts say, reasserts the FDA’s authority over regenerative medicine at a time when clinics advertising these types of stem cell products are booming. Unproven therapies have led to \u003ca href=\"https://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2021/06/harms-linked-to-unapproved-stem-cell-interventions-highlight-need-for-greater-fda-enforcement\">infections, disabilities and even death\u003c/a>, according to adverse reaction reports.\u003c/p>\n\u003cp>The case dates to 2018, when the FDA sued the California Stem Cell Treatment Center Inc., which has clinics in Rancho Mirage and Beverly Hills, for “improperly manufacturing and labeling” an unapproved product.\u003c/p>\n\u003cp>The FDA sought to stop the clinics from administering a so-called therapy that takes fat tissue from a patient to create a mixture of cells known as stromal vascular fraction. This is then injected back into the patient to treat a problem area, such as the knee for osteoarthritis.\u003c/p>\n\u003cp>“In recent years, clinics offering similar stem cell mixtures have proliferated despite concerns over whether such treatments are safe and effective,” one of the 9th Circuit judges wrote.\u003c/p>\n\u003cp>As stated in the appeals court ruling, the clinics advertised technology that could alleviate dozens of medical conditions, including arthritis, multiple sclerosis, Parkinson’s and heart problems, among others.\u003c/p>\n\u003cp>Because these treatments are not covered by insurance, people seeking these products pay tens of thousands of dollars out of pocket. A 12-treatment option could cost $41,500, the decision documents show.\u003c/p>\n\u003cp>The stem cell clinics countered that the treatment should be exempt from FDA oversight because it was more like a surgery than a new drug. \u003ca href=\"https://www.latimes.com/business/story/2022-08-31/federal-judge-tosses-lawsuit-targeting-stem-cell-clinic\">In 2022, a federal judge ruled in favor of the clinics\u003c/a> and the FDA appealed.\u003c/p>\n\u003cp>Experts say this most recent ruling strengthens the FDA’s authority over stem cell therapies and will help keep patients safe. It also \u003ca href=\"https://www.nbcnews.com/health/health-news/fda-wins-case-against-florida-stem-cell-clinic-harmed-three-n1013641\">matches the outcome of an earlier case\u003c/a> where the \u003ca href=\"https://www.justice.gov/opa/pr/florida-company-barred-using-experimental-stem-cell-drugs-patients\">FDA sued a Florida stem cell clinic\u003c/a> for administering a similar product and won, barring the clinic from selling such treatment.\u003c/p>\n\u003cp>“Now there is a coherent federal legal picture that this product can be regulated by the FDA as a drug. As a result, these cells cannot legally be used on patients by stem cell clinics without working with the agency first,” Paul Knoepfler, a professor of cell biology and human anatomy at the University of California, Davis, said via email. “Hundreds of clinics had been marketing them around the U.S. without FDA permission.”\u003c/p>\n\u003cp>An FDA spokesperson declined to comment on the ruling, saying the agency does not comment on ongoing litigation. Attorneys for the clinics did not return requests for comment.\u003c/p>\n\u003ch2>The landscape of stem cell therapies\u003c/h2>\n\u003cp>The FDA has issued multiple public warnings about stem cell treatments because of their popularity. In its notices, the FDA writes that \u003ca href=\"https://www.fda.gov/vaccines-blood-biologics/consumers-biologics/consumer-alert-regenerative-medicine-products-including-stem-cells-and-exosomes\">the only treatments approved for consumers\u003c/a> consist of blood-forming stem cells, which are used to fight certain cancers or blood disorders. The list of therapies ready for commercial use is short, experts say. Other types of stem cell treatments have been approved for clinical trials only.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Every drug and therapy approved in the U.S. has to first go through a rigorous and lengthy process that includes a clinical trial to prove it is both safe and effective.\u003c/p>\n\u003cp>“Please know that if you are being charged for these products or offered these products outside of a clinical trial, you are likely being deceived and offered a product illegally,” \u003ca href=\"https://www.fda.gov/vaccines-blood-biologics/consumers-biologics/important-patient-and-consumer-information-about-regenerative-medicine-therapies\">the FDA wrote in a warning\u003c/a> to consumers in 2021.\u003c/p>\n\u003cp>Unapproved stem cell products are not only illegal but also dangerous. In a high profile case, three elderly women went blind after receiving an unproven fat tissue-based stem cell treatment for macular degeneration at a Florida clinic, the same one that was later sued by the FDA. \u003ca href=\"https://www.statnews.com/2017/03/15/stem-cell-patients-blind-macular-degeneration/\">According to news reports\u003c/a> from when the case was first made public, the women sought treatments because they had difficulty reading fine print. After the procedures, the women suffered detached retinas, vision loss and bleeding inside the eye.\u003c/p>\n\u003ch2>‘You see them on billboards’\u003c/h2>\n\u003cp>The California Institute for Regenerative Medicine, the multibillion-dollar agency voters authorized in 2004 to fund stem cell research, also \u003ca href=\"https://www.cirm.ca.gov/participating-clinical-trial/\">warns on its website\u003c/a> against companies that promote “bogus therapies.”\u003c/p>\n\u003cp>“The general public knows that stem cells are a very important field that continues to develop, and they believe, as we certainly do, that they’re going to be the source of therapies and cures. The problem is these companies make it sound like we’re there already, and that’s just not the case,” said \u003ca href=\"https://www.cirm.ca.gov/about-cirm/cirm-leadership/\">Jonathan Thomas\u003c/a>, president of the agency.\u003c/p>\n\u003cp>Thomas said last week’s ruling is important because not only does it send a message to clinics that they can’t provide treatments without regulation, but it also gives a nod to researchers who are doing legitimate stem cell work and following the rules.\u003c/p>\n\u003cp>It’s also a warning for consumers, he said.\u003c/p>\n\u003cp>It is difficult to track these clinics advertising unapproved cures, so it is unclear how many are operating today. “We just know that they are proliferating because you see signs for them … you see them on billboards, you see ads, you see all sorts of things,” Thomas told CalMatters.\u003c/p>\n\u003cp>People who are considering a stem cell treatment should ask if the therapy has been approved by the FDA. Thomas said the public should be wary if a stem cell clinic says they are exempt from federal regulation. “Anytime you hear anything like that, I would say that’s a huge red flag,” he said.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"slug": "california-saw-a-huge-tax-windfall-this-summer-that-points-to-silicon-valley",
"title": "California Saw a Huge Tax Windfall This Summer That Points to Silicon Valley",
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"headTitle": "California Saw a Huge Tax Windfall This Summer That Points to Silicon Valley | KQED",
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"content": "\u003cp>No sooner had Gov. Gavin Newsom cut billions of dollars in spending to close a budget deficit in June than California received an unexpected tax windfall, one that has people in the Capitol speculating about where the avalanche of money came from.\u003c/p>\n\u003cp>More corporate taxes than expected poured into state coffers this summer, with cash receipts exceeding forecasts by nearly $2 billion since April. An especially big surge came in July, and state officials and accounting experts think the extra receipts came from a small number of companies — most likely one or more Silicon Valley tech firms, with artificial intelligence chipmaker Nvidia a leading candidate.\u003c/p>\n\u003cp>The influx highlights a growing tension in California between its tendency to further regulate tech companies — the governor has signed six bills governing the use of artificial intelligence so far this year — and its \u003ca href=\"https://calmatters.org/economy/2024/01/ca-tech-tax-withholding/\">reliance on them for tax revenue\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>On a single day, July 16, the state received more than $800 million than expected in corporate tax payments, “by far its single biggest day of collections” for a July going back at least four decades, state deputy legislative analyst Brian Uhler told CalMatters. (He excluded 2020 because the pandemic delayed tax deadlines.)\u003c/p>\n\u003cp>This July, the Finance Department said it collected about $1.4 billion in corporate taxes, nearly three times the agency’s forecast of $500 million. In June, corporate taxes were $263 million above forecast, and in May, $752 million over. “The July average was likely due to large payments by a small number of companies and may not necessarily be indicative of overall corporation tax revenue trends,” the department \u003ca href=\"https://dof.ca.gov/wp-content/uploads/sites/352/2024/08/Finance-Bulletin-August-2024.pdf\">said in its monthly bulletin (PDF)\u003c/a>.\u003c/p>\n\u003cp>Tax records are confidential, and representatives from both the Finance Department and the Franchise Tax Board stressed that nobody at the state is allowed to discuss details or information from specific tax returns or payments.\u003c/p>\n\u003cp>But the July influx in corporate tax payments was likely related to changes in state tax rules adopted in June, according to state and accounting experts who spoke with CalMatters. The tax changes, intended to help close the deficit, include a suspension of a deduction businesses can claim to offset profit, called the net operating loss deduction, as well as a $5 million limit on how much businesses can claim for research and development and other tax credits.\u003c/p>\n\u003cp>It’s possible that companies expecting to have outsized profit realized they owed more in taxes and needed to make large estimated tax payments immediately after the changes were enacted, accounting experts said. Corporations that expect to owe taxes are required to make quarterly estimated tax payments and can incur penalties if the payments are late. \u003ca href=\"https://www.lao.ca.gov/Publications/Report/4902\">State analysts believe\u003c/a> the new taxes could disproportionately come from “businesses in riskier or more innovative industries — such as the technology, motion picture, and transportation sectors,” as they put it when the changes were proposed.\u003c/p>\n\u003cp>In California, a red-hot tech company fits the bill of outsized profits and risky innovation: Nvidia, which is raking in record amounts of money because of the artificial intelligence boom.\u003c/p>\n\u003cp>As other companies scramble to get ahead in the AI race, they are buying Nvidia’s chips and propelling the company to new heights. On Aug. 28, Nvidia reported second-quarter net income of $16.6 billion, which was more than double its profit from the same period last year — and about the same amount spent by \u003ca href=\"https://www.opensecrets.org/news/2022/11/total-cost-of-2022-state-and-federal-elections-projected-to-exceed-16-7-billion/\">all state and federal campaigns\u003c/a> in the last election.\u003c/p>\n\u003cp>Nvidia’s annual financial report from 2023 shows that it had $1.5 billion in unused California tax credits for research and development. Between the cap on that tax credit and the suspension of the loss deduction the company could have claimed against its rising profit, Nvidia probably realized it would have a larger tax bill, accounting experts told CalMatters. That’s why it may have been the company or one of the companies that made the sizable estimated tax payment to the state.\u003c/p>\n\u003cp>Nvidia’s most recent quarterly filing provides additional clues: The company paid a total of $7.21 billion in income taxes in the second quarter, a whopping 31-fold increase from the $227 million it paid in taxes in the same period last year. For the first six months of its 2024 fiscal year, Nvidia paid $7.45 billion in income taxes, compared with $328 million in the first half of 2023. Those totals included federal and state taxes. California has a flat corporate tax rate of 8.84% of a company’s net income, while the federal tax rate is a flat 21%.\u003c/p>\n\u003cp>If Nvidia was largely responsible for the July tax windfall, due to an estimated tax payment, the company likely expects a lot of taxable income this year, said Francine McKenna, an independent financial journalist who writes the Dig newsletter and has taught financial accounting at the University of Pennsylvania’s Wharton business school. McKenna said if that’s the case, and because there’s a limit on how much the company can claim in terms of other tax credits, Nvidia will likely make another sizable estimated tax payment in the third quarter.\u003c/p>\n\u003cp>An Nvidia spokesperson would not comment. Neither would a spokesperson for Gov. Gavin Newsom.\u003c/p>\n\u003cp>“I’d expect payments from other companies as well, potentially,” said Brett Whitaker, a former tax executive at Ernst & Young, Nike and Mattel who now teaches corporate tax accounting at Indiana University. “They depend on these credits often to avoid paying tax, so suspending them could drive tax for many.”\u003c/p>\n\u003cp>Whitaker said most companies try to take advantage of R&D tax credits: “Big Four (accounting) firms have entire teams dedicated solely to this effort.” But he added that the credits are especially commonly used by tech companies and others whose businesses rely on innovation.\u003c/p>\n\u003cp>It’s hard to tell exactly when those other estimated tax payments will come and how significant they will be, Finance Department spokesperson H.D. Palmer said.\u003c/p>\n\u003cp>Estimated tax payments are due in April, June, September and January, but those payments are not always made on time so can come in at any time, according to the Franchise Tax Board.\u003c/p>\n\u003cp>A CalMatters examination of Silicon Valley’s biggest tech companies’ financial filings with the federal Securities and Exchange Commission suggests that some of them may also be affected by the tax changes. That means the companies could make estimated tax payments that could be similar in size to the ones the state received in July.\u003c/p>\n\u003cp>Apple, Google parent Alphabet and Facebook parent Meta are among the companies whose financial filings show they have past losses, which they could normally deduct, and/or unused research and development tax credits in the state.\u003c/p>\n\u003cp>As of last Dec. 31, Alphabet had $18.6 billion in old losses in California. The tech giant also had $6.3 billion in research and development credits.\u003cstrong> \u003c/strong>As of the same date, Meta had $2.78 billion in past losses in the state, as well as $4.08 billion in unspecified state tax credits from prior periods. And as of Sept. 30, 2023, Apple had $3 billion in research and development credits. All these companies are highly profitable, and whatever deductions and credits they were expecting to use are now either on hold or limited.\u003c/p>\n\u003cp>According to \u003ca href=\"https://digitaldemocracy.calmatters.org/bills/ca_202320240sb167?slug=CA_202320240SB167\">the analysis of the budget bill that included the tax changes\u003c/a>, California’s deduction suspension and tax-credit limits could increase state revenue by $5.95 billion this fiscal year, $5.5 billion the following fiscal year and $3.4 billion the year after that.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11972309,news_11992607,forum_2010101906396\"]\u003c/p>\n\u003cp>The tax changes split state lawmakers mostly along party lines when the governor proposed them in his budget earlier this year. Democrats characterized the changes as necessary, while Republicans decried them as a burden on businesses.\u003c/p>\n\u003cp>Democratic state Sen. Scott Wiener from San Francisco, a supporter of the changes, said in an emailed statement to CalMatters: “It is important not to read too much into any single month revenue numbers, but we believe that tough decisions we made this year will strengthen the state’s fiscal health going forward while protecting our core programs and benefiting the overall economy.”\u003c/p>\n\u003cp>Sen. Roger Niello, a Republican from Roseville, an opponent of the changes and a former accountant, told CalMatters he checked with his fiscal staff as well as the Legislative Analyst’s Office about the bigger-than-expected corporate tax payments in July. “It’s reasonable to consider that it’s because of tax changes, but they really don’t know,” he said.”It does appear to be from large deposits from a few companies.”\u003c/p>\n\u003cp>Niello said the state has disallowed the deduction for operating losses in nearly half of the years between 2008 and 2027, citing a finding by the Legislative Analyst’s Office in \u003ca href=\"https://www.lao.ca.gov/Publications/Report/4902\">a May report\u003c/a>. The deductions are supposed to help make taxes roughly even for businesses with similar total profits over the course of multiple years.\u003c/p>\n\u003cp>Suspending that deduction “appears to be a go-to measure by the state for accounting for revenue shortfalls,” Niello said. “It’s something that businesses cannot rely on now.”\u003c/p>\n\u003cp>In addition to the tax changes, California tech firms have navigated various legislative fights and new regulations this year. The biggest battle was over a bill to force them to test powerful artificial intelligence models for their potential to enable cyberattacks, the creation of weapons of mass destruction, and other threats to infrastructure. Several big tech companies opposed the legislation, saying it would hinder innovation, while prominent whistleblowers said it would help mitigate the reckless pursuit of tech profits. The measure, from Wiener, cleared the Legislature \u003ca href=\"https://calmatters.org/economy/2024/09/california-artificial-intelligence-bill-veto/\">only to be vetoed\u003c/a> by Gov. Gavin Newsom this past weekend. The \u003ca href=\"https://calmatters.org/explainers/new-california-laws-2024/\">governor also signed into law bills\u003c/a> that would \u003ca href=\"https://calmatters.org/politics/elections/2024/02/ai-elections-bill-package/\">protect voters from deepfakes\u003c/a> and allow victims of doxxing to \u003ca href=\"https://calmatters.org/politics/capitol/2024/06/doxxing-bill-california/\">sue their attackers in civil court\u003c/a>.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "California was nearly $2 billion over forecast in corporate tax receipts this summer. A tax change meant to help the budget deficit helped drive the surge.",
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"title": "California Saw a Huge Tax Windfall This Summer That Points to Silicon Valley | KQED",
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"nprByline": "\u003ca href=\"https://calmatters.org/author/levi-sumagaysay/\">Levi Sumagaysay\u003c/a>, CalMatters",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>No sooner had Gov. Gavin Newsom cut billions of dollars in spending to close a budget deficit in June than California received an unexpected tax windfall, one that has people in the Capitol speculating about where the avalanche of money came from.\u003c/p>\n\u003cp>More corporate taxes than expected poured into state coffers this summer, with cash receipts exceeding forecasts by nearly $2 billion since April. An especially big surge came in July, and state officials and accounting experts think the extra receipts came from a small number of companies — most likely one or more Silicon Valley tech firms, with artificial intelligence chipmaker Nvidia a leading candidate.\u003c/p>\n\u003cp>The influx highlights a growing tension in California between its tendency to further regulate tech companies — the governor has signed six bills governing the use of artificial intelligence so far this year — and its \u003ca href=\"https://calmatters.org/economy/2024/01/ca-tech-tax-withholding/\">reliance on them for tax revenue\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>On a single day, July 16, the state received more than $800 million than expected in corporate tax payments, “by far its single biggest day of collections” for a July going back at least four decades, state deputy legislative analyst Brian Uhler told CalMatters. (He excluded 2020 because the pandemic delayed tax deadlines.)\u003c/p>\n\u003cp>This July, the Finance Department said it collected about $1.4 billion in corporate taxes, nearly three times the agency’s forecast of $500 million. In June, corporate taxes were $263 million above forecast, and in May, $752 million over. “The July average was likely due to large payments by a small number of companies and may not necessarily be indicative of overall corporation tax revenue trends,” the department \u003ca href=\"https://dof.ca.gov/wp-content/uploads/sites/352/2024/08/Finance-Bulletin-August-2024.pdf\">said in its monthly bulletin (PDF)\u003c/a>.\u003c/p>\n\u003cp>Tax records are confidential, and representatives from both the Finance Department and the Franchise Tax Board stressed that nobody at the state is allowed to discuss details or information from specific tax returns or payments.\u003c/p>\n\u003cp>But the July influx in corporate tax payments was likely related to changes in state tax rules adopted in June, according to state and accounting experts who spoke with CalMatters. The tax changes, intended to help close the deficit, include a suspension of a deduction businesses can claim to offset profit, called the net operating loss deduction, as well as a $5 million limit on how much businesses can claim for research and development and other tax credits.\u003c/p>\n\u003cp>It’s possible that companies expecting to have outsized profit realized they owed more in taxes and needed to make large estimated tax payments immediately after the changes were enacted, accounting experts said. Corporations that expect to owe taxes are required to make quarterly estimated tax payments and can incur penalties if the payments are late. \u003ca href=\"https://www.lao.ca.gov/Publications/Report/4902\">State analysts believe\u003c/a> the new taxes could disproportionately come from “businesses in riskier or more innovative industries — such as the technology, motion picture, and transportation sectors,” as they put it when the changes were proposed.\u003c/p>\n\u003cp>In California, a red-hot tech company fits the bill of outsized profits and risky innovation: Nvidia, which is raking in record amounts of money because of the artificial intelligence boom.\u003c/p>\n\u003cp>As other companies scramble to get ahead in the AI race, they are buying Nvidia’s chips and propelling the company to new heights. On Aug. 28, Nvidia reported second-quarter net income of $16.6 billion, which was more than double its profit from the same period last year — and about the same amount spent by \u003ca href=\"https://www.opensecrets.org/news/2022/11/total-cost-of-2022-state-and-federal-elections-projected-to-exceed-16-7-billion/\">all state and federal campaigns\u003c/a> in the last election.\u003c/p>\n\u003cp>Nvidia’s annual financial report from 2023 shows that it had $1.5 billion in unused California tax credits for research and development. Between the cap on that tax credit and the suspension of the loss deduction the company could have claimed against its rising profit, Nvidia probably realized it would have a larger tax bill, accounting experts told CalMatters. That’s why it may have been the company or one of the companies that made the sizable estimated tax payment to the state.\u003c/p>\n\u003cp>Nvidia’s most recent quarterly filing provides additional clues: The company paid a total of $7.21 billion in income taxes in the second quarter, a whopping 31-fold increase from the $227 million it paid in taxes in the same period last year. For the first six months of its 2024 fiscal year, Nvidia paid $7.45 billion in income taxes, compared with $328 million in the first half of 2023. Those totals included federal and state taxes. California has a flat corporate tax rate of 8.84% of a company’s net income, while the federal tax rate is a flat 21%.\u003c/p>\n\u003cp>If Nvidia was largely responsible for the July tax windfall, due to an estimated tax payment, the company likely expects a lot of taxable income this year, said Francine McKenna, an independent financial journalist who writes the Dig newsletter and has taught financial accounting at the University of Pennsylvania’s Wharton business school. McKenna said if that’s the case, and because there’s a limit on how much the company can claim in terms of other tax credits, Nvidia will likely make another sizable estimated tax payment in the third quarter.\u003c/p>\n\u003cp>An Nvidia spokesperson would not comment. Neither would a spokesperson for Gov. Gavin Newsom.\u003c/p>\n\u003cp>“I’d expect payments from other companies as well, potentially,” said Brett Whitaker, a former tax executive at Ernst & Young, Nike and Mattel who now teaches corporate tax accounting at Indiana University. “They depend on these credits often to avoid paying tax, so suspending them could drive tax for many.”\u003c/p>\n\u003cp>Whitaker said most companies try to take advantage of R&D tax credits: “Big Four (accounting) firms have entire teams dedicated solely to this effort.” But he added that the credits are especially commonly used by tech companies and others whose businesses rely on innovation.\u003c/p>\n\u003cp>It’s hard to tell exactly when those other estimated tax payments will come and how significant they will be, Finance Department spokesperson H.D. Palmer said.\u003c/p>\n\u003cp>Estimated tax payments are due in April, June, September and January, but those payments are not always made on time so can come in at any time, according to the Franchise Tax Board.\u003c/p>\n\u003cp>A CalMatters examination of Silicon Valley’s biggest tech companies’ financial filings with the federal Securities and Exchange Commission suggests that some of them may also be affected by the tax changes. That means the companies could make estimated tax payments that could be similar in size to the ones the state received in July.\u003c/p>\n\u003cp>Apple, Google parent Alphabet and Facebook parent Meta are among the companies whose financial filings show they have past losses, which they could normally deduct, and/or unused research and development tax credits in the state.\u003c/p>\n\u003cp>As of last Dec. 31, Alphabet had $18.6 billion in old losses in California. The tech giant also had $6.3 billion in research and development credits.\u003cstrong> \u003c/strong>As of the same date, Meta had $2.78 billion in past losses in the state, as well as $4.08 billion in unspecified state tax credits from prior periods. And as of Sept. 30, 2023, Apple had $3 billion in research and development credits. All these companies are highly profitable, and whatever deductions and credits they were expecting to use are now either on hold or limited.\u003c/p>\n\u003cp>According to \u003ca href=\"https://digitaldemocracy.calmatters.org/bills/ca_202320240sb167?slug=CA_202320240SB167\">the analysis of the budget bill that included the tax changes\u003c/a>, California’s deduction suspension and tax-credit limits could increase state revenue by $5.95 billion this fiscal year, $5.5 billion the following fiscal year and $3.4 billion the year after that.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The tax changes split state lawmakers mostly along party lines when the governor proposed them in his budget earlier this year. Democrats characterized the changes as necessary, while Republicans decried them as a burden on businesses.\u003c/p>\n\u003cp>Democratic state Sen. Scott Wiener from San Francisco, a supporter of the changes, said in an emailed statement to CalMatters: “It is important not to read too much into any single month revenue numbers, but we believe that tough decisions we made this year will strengthen the state’s fiscal health going forward while protecting our core programs and benefiting the overall economy.”\u003c/p>\n\u003cp>Sen. Roger Niello, a Republican from Roseville, an opponent of the changes and a former accountant, told CalMatters he checked with his fiscal staff as well as the Legislative Analyst’s Office about the bigger-than-expected corporate tax payments in July. “It’s reasonable to consider that it’s because of tax changes, but they really don’t know,” he said.”It does appear to be from large deposits from a few companies.”\u003c/p>\n\u003cp>Niello said the state has disallowed the deduction for operating losses in nearly half of the years between 2008 and 2027, citing a finding by the Legislative Analyst’s Office in \u003ca href=\"https://www.lao.ca.gov/Publications/Report/4902\">a May report\u003c/a>. The deductions are supposed to help make taxes roughly even for businesses with similar total profits over the course of multiple years.\u003c/p>\n\u003cp>Suspending that deduction “appears to be a go-to measure by the state for accounting for revenue shortfalls,” Niello said. “It’s something that businesses cannot rely on now.”\u003c/p>\n\u003cp>In addition to the tax changes, California tech firms have navigated various legislative fights and new regulations this year. The biggest battle was over a bill to force them to test powerful artificial intelligence models for their potential to enable cyberattacks, the creation of weapons of mass destruction, and other threats to infrastructure. Several big tech companies opposed the legislation, saying it would hinder innovation, while prominent whistleblowers said it would help mitigate the reckless pursuit of tech profits. The measure, from Wiener, cleared the Legislature \u003ca href=\"https://calmatters.org/economy/2024/09/california-artificial-intelligence-bill-veto/\">only to be vetoed\u003c/a> by Gov. Gavin Newsom this past weekend. The \u003ca href=\"https://calmatters.org/explainers/new-california-laws-2024/\">governor also signed into law bills\u003c/a> that would \u003ca href=\"https://calmatters.org/politics/elections/2024/02/ai-elections-bill-package/\">protect voters from deepfakes\u003c/a> and allow victims of doxxing to \u003ca href=\"https://calmatters.org/politics/capitol/2024/06/doxxing-bill-california/\">sue their attackers in civil court\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "how-artificial-intelligence-is-changing-the-reports-police-write",
"title": "How Artificial Intelligence Is Changing The Reports Police Write",
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"content": "\u003cp>[dropcap]O[/dropcap]fficer Wendy Venegas spoke softly in Spanish to the 14-year-old standing on the side of a narrow residential road in East Palo Alto. The girl’s face was puffy from crying as she quietly explained what had happened.\u003c/p>\n\u003cp>The girl said her father had caught her and her boyfriend “doing stuff” that morning, and her dad had either struck or pushed the boy, Venegas later explained. Now, the police had arrived to interview all three of them. So far, this was all standard procedure.\u003c/p>\n\u003cp>But when it came time to turn this incident into a report, Venegas would have help from a new assistant: a cutting-edge artificial intelligence tool called Draft One.\u003c/p>\n\u003cp>East Palo Alto, a small working-class city that can feel a world away from its Silicon Valley neighbors, is among a handful of California departments, including Campbell, San Mateo, Bishop and Fresno, that have started to use or test the AI-powered software developed by Axon, an industry leader in body cameras and tasers. Axon said the program can help officers produce more objective reports in less time. But as more agencies adopt these kinds of tools, some experts wonder if they give artificial intelligence too big a part in the criminal justice system.\u003c/p>\n\u003cp>“We forget that that document plays a really central role in decisions that change people’s lives,” said Andrew Ferguson, a criminal law professor at American University Washington College of Law who wrote the first law review \u003ca href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4897632\">article\u003c/a> on AI-assisted police reports, which he expects to publish next year.\u003c/p>\n\u003cfigure id=\"attachment_12007615\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12007615\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5.jpg\" alt=\"A woman dressed in a police uniform sits at a desk in an office looking at a computer screen.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officer Wendy Venegas reviews body camera footage and uses Axon’s Draft One AI-based system to draft reports based on the audio from the camera at police headquarters in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>From documenting the details of complex homicides to recording the basics of a stolen bicycle, police reports have been at the heart of police work.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“They actually are kind of the building block of the criminal justice system because they are the official sort of memorialization of what happened, when, and sometimes why,” Ferguson said.\u003c/p>\n\u003cp>Prosecutors make charging decisions, judges make bail decisions and people make decisions about their own defense based — at least in part — on what is on this initial piece of paper.\u003c/p>\n\u003cp>“If part of that is being shaped by AI, it raises some real concerns about whether we can rely on it,” Ferguson said. The potential for error or bias introduced by AI is still being studied. But, he added, law enforcement leaders have an understandable desire to improve efficiency.\u003c/p>\n\u003cfigure id=\"attachment_12006137\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED.jpg?ver=1727233046\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12006137\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED.jpg\" alt=\"A woman wearing a pink shirt stands in front of a man and woman dressed in police uniforms.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officers Wendy Venegas (left) and Spencer Lawrence take a statement from a subject while responding to a call in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Axon is marketing its Draft One tool as a force multiplier, which is attractive to many police departments struggling to recruit and retain officers, a \u003ca href=\"https://www.theiacp.org/sites/default/files/239416_IACP_RecruitmentBR_HR_0.pdf\">crisis\u003c/a> that many in law enforcement say was exacerbated by the murder of George Floyd and the subsequent protests.\u003c/p>\n\u003cp>“The pendulum is swinging, but many of them are still 15, 20% below their targeted force numbers,” Axon founder Rick Smith said on an August earnings call with shareholders. “And so that’s where we’re hearing this sort of magical feedback, where they’re like, ‘Man, with Draft One, if it’s freeing up 20, 25% of my officers’ day from writing reports, that’s almost like a 20% bump in my, in my force power overnight.’”\u003c/p>\n\u003cp>East Palo Alto Chief Jeff Liu said his agency isn’t immune to these staffing concerns. The department is budgeted for 36 sworn officers, including the chief, but he’s currently short eight positions. He doesn’t see Draft One as a turn-key solution but hopes it can help officers spend more time on the streets.\u003c/p>\n\u003cp>“If this AI is going to speed up the reports, but without compromising accuracy, I think it’s a win,” he said. East Palo Alto’s \u003ca href=\"https://d3n9y02raazwpg.cloudfront.net/cityofepa/0b769671-d804-11ee-98bb-0050569183fa-3408cd31-ecd7-4429-9d91-65986d552499-1721442774.pdf\">contract\u003c/a> shows Draft One costs the city about $70 per body camera per month or about $40,000 per year.\u003c/p>\n\u003cfigure id=\"attachment_12006138\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12006138\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED.jpg\" alt=\"The torso of a person dressed in a police uniform holds a hand over a body camera.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officer Wendy Venegas’ Axon body camera in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Liu said while he doesn’t write many reports these days, he does use Chat GPT to draft social media posts and even condolence letters, which he then customizes in his own voice. Working with the popular AI chatbot made him more open to Draft One, he said. Draft One uses the same underlying AI as \u003ca href=\"https://openai.com/index/chatgpt/\">Chat GPT\u003c/a>, but departmental data is stored on a secure government cloud service developed by Microsoft.\u003c/p>\n\u003cp>Axon is not the only company that offers this service. \u003ca href=\"https://truleo.co/\">Truleo\u003c/a> — a company that uses AI to analyze vast swaths of bodycam footage to make sure officers are acting professionally — offers a similar report-writing program, but it hasn’t been marketed or adopted as widely as Axon’s Draft One.\u003c/p>\n\u003cp>In nearby Santa Clara County, Campbell police Capt. Ian White said that in his department’s first month of testing Draft One, officers said it saved them about 50 hours overall. The police department in Fort Collins, Colorado, found that, on average, reports written with Draft One were produced in eight minutes, while those not using the software took 23 minutes.\u003c/p>\n\u003cp>But the first independent \u003ca class=\"c-link\" href=\"https://link.springer.com/article/10.1007/s11292-024-09644-7\" target=\"_blank\" rel=\"noopener noreferrer\" data-stringify-link=\"https://link.springer.com/article/10.1007/s11292-024-09644-7\" data-sk=\"tooltip_parent\">study\u003c/a> of the Draft One software published this week in The Journal of Experimental Criminology, did not corroborate the time savings that White and others reported. Researchers at the University of South Carolina did a randomized controlled trial with a New Hampshire police department over the past year, which found officers who used Draft One didn’t write reports any faster than those in the control group.\u003c/p>\n\u003cp>Assistant Professor Ian Adams, who led the study, said he can’t yet draw conclusions about why there were no time-savings — he and his colleagues are still looking into that — but he said the results surprised him. He also cautioned against giving his findings too much weight. “It is in one agency, about one outcome at one point in time,” Adams said.\u003c/p>\n\u003cp>His team is still researching whether there could be other benefits like accuracy or completeness. If technology like Draft One can produce better-written reports, he said, “maybe they get returned for editing or revision less [often], and so you could maybe see systemic savings.”\u003c/p>\n\u003cfigure id=\"attachment_12006142\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED.jpg?ver=1727270167\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12006142\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED.jpg\" alt=\"A woman dressed in a police uniform sits at a desk in an office looking at a computer screen.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officer Wendy Venegas reviews body camera footage and uses Axon’s Draft One AI-based software to draft reports based on the audio from the camera at police headquarters in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Officer Venegas in East Palo Alto said the program helps her overcome writer’s block, especially after a long day on patrol. She can just push the Draft One button on her computer, and a narrative based on the audio transcript of her bodycam footage appears within seconds.\u003c/p>\n\u003cp>“When you don’t know what words you’re trying to write, and then you just look, and you’re like, ‘Oh, that’s exactly what I was thinking!’ That’s the best,” she said. Draft One is also changing the way she works in the field. Because the report is based on the audio transcript, Venegas said she will purposefully talk about what is happening during an incident.\u003c/p>\n\u003cp>“I’ll be like, ‘Did you see that? The mirror is broken,’” Venegas said. “‘Did you see that? There’s stuff on the floor. The knife, the bloody knife, is on the floor.’”\u003c/p>\n\u003cp>Axon product designer Noah Spitzer-Williams said this was one of the most surprising and fascinating side-effects of the software: it incentivizes officers to be more verbal overall, even talking into their camera’s microphone to provide context — like the parole status of a subject or whether a weapon has been reported before arriving at a scene — so the audio transcript contains key details that Draft One puts in the report.\u003c/p>\n\u003cp>“Then, during the interaction, the officer is asking more questions,” Spitzer-Williams said. “They’re echoing back statements like, ‘Okay, Jimmy. You’re giving me consent to search your backpack.’”\u003c/p>\n\u003cp>Spitzer-Williams said this also helps community relations because officers are explaining what they’re doing and why.\u003c/p>\n\u003cp>But \u003ca href=\"https://www.aclu.org/news/privacy-technology/acting-and-directing-police-cameras\">research\u003c/a> by the American Civil Liberties Union shows the ways officers’ real-time narration has also been used to manipulate evidence. A common example is when officers shout “stop resisting” to justify use of force even when the individual is complying. Axon’s Spitzer-Williams said he doesn’t believe Draft One will make this “real concern” any worse.\u003c/p>\n\u003cp>Spitzer-Williams also pointed to an Axon \u003ca href=\"https://a.storyblok.com/f/198504/x/7a83779017/axon_marketing_draft-one_double-blind-study_fnl.pdf\">study\u003c/a> that found reports written by the software tended to use less biased language than reports written by officers.\u003c/p>\n\u003cp>Back in a conference room at the East Palo Alto Police Department, Venegas read from her AI-generated report. “September 23, 2024, at approximately 10:49, I, Officer Venegas, responded to a call for service involving a minor and a domestic disturbance.’”\u003c/p>\n\u003cp>The program produced a good rough draft, she said, but it has some limitations. At this point, Draft One only understands English, so it got some things wrong, like who was speaking and who was related to whom.\u003c/p>\n\u003cp>“Sometimes it makes small mistakes like that,” Venegas said, “Which are easy to correct.”\u003c/p>\n\u003cfigure id=\"attachment_12006139\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12006139\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED.jpg\" alt=\"Three people dressed in police uniforms stand around outside next to a man with a white t-shirt.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officers (from left) Guadalupe Juarez, Spencer Lawrence and Wendy Venegas speak with a subject while responding to a call in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Some in the criminal justice sector said these seemingly small mistakes point to bigger questions of authorship, which can become critical in the adjudication process. Dr. Matthew Guariglia, a policy analyst for the Electronic Frontier Foundation, said he’s concerned these reports are “going to destroy the ability to cross-examine officers. Because if an officer is caught in a lie on the stand, they can always just say, ‘Well, the AI wrote that.’” [aside postID=\"news_12002254,news_12005186,news_12007087\" label=\"Related Stories\"]\u003c/p>\n\u003cp>Capt. Ian White of the Campbell Police Department, which has been using the software since May, said his department’s policy ensures officers take responsibility for authoring the reports produced by Draft One. Even if an officer “screwed up” and an error was introduced into the report, he said, it should be easily resolvable by reviewing what he called the “gold standard” of evidence: the bodycam video.\u003c/p>\n\u003cp>“There’s error in any human activity,” White said. He thinks AI will make things more accurate, not less.\u003c/p>\n\u003cp>San Mateo County Assistant District Attorney Rebecca Baum, who has been talking with East Palo Alto and San Mateo police departments about their shift toward AI-assisted reports, said her office is cautiously optimistic about the new program. Her chief concern is that body cameras, and especially body camera audio, don’t capture everything that happens during an incident.\u003c/p>\n\u003cp>“Witness demeanor, if someone’s under the influence of drugs or alcohol, if there’s injuries,” Baum said, “this is not coming through from an audio recording of the body camera.”\u003c/p>\n\u003cfigure id=\"attachment_12007590\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12007590\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED.jpg\" alt=\"An image of a computer screen with text highlighted in blue.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officer Wendy Venegas reviews the draft report generated by Axon Draft One’s based on the audio from her body camera at police headquarters in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Officers need to remain very engaged in the process of writing these reports, Baum said, so they don’t leave something out — particularly information that shows a person might be innocent, which prosecutors have a duty to turn over.\u003c/p>\n\u003cp>For its part, Axon has also built a number of safeguards into the application to ensure that an officer goes through the report in detail to proofread it and make sure it’s accurate.\u003c/p>\n\u003cp>On the computer screen, Officer Venegas demonstrated how each paragraph of the report includes comments that need to be resolved before she can move the report out of Draft One and into the departmental system.\u003c/p>\n\u003cp>And at the very bottom of the screen, Venegas pointed to a box she has to click, a final step that Spitzer-Williams, of Axon, said is “arguably the most important,” given the potential ramifications of each report.\u003c/p>\n\u003cp>“I acknowledge that this report was generated using Draft One by Axon,” Venegas read aloud. “And that I further acknowledge that I have viewed the report in detail, made any necessary edits, and believe it to be an accurate representation of my recollection of the reported events. If needed, I’m willing to testify to the accuracy of this report.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This story is a collaboration between \u003ca href=\"https://www.kqed.org/\">KQED\u003c/a>, The Guardian US, and the \u003ca href=\"https://www.kqed.org/californianewsroom\">California Newsroom\u003c/a>.\u003c/em>\u003c/p>\n\n",
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"excerpt": "East Palo Alto is among a handful of California departments that have started to use or test the AI-powered software developed by Axon, an industry leader in body cameras and tasers. Some experts wonder if they give AI too big a part in the criminal justice system. ",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">O\u003c/span>\u003c/p>\u003cp>fficer Wendy Venegas spoke softly in Spanish to the 14-year-old standing on the side of a narrow residential road in East Palo Alto. The girl’s face was puffy from crying as she quietly explained what had happened.\u003c/p>\n\u003cp>The girl said her father had caught her and her boyfriend “doing stuff” that morning, and her dad had either struck or pushed the boy, Venegas later explained. Now, the police had arrived to interview all three of them. So far, this was all standard procedure.\u003c/p>\n\u003cp>But when it came time to turn this incident into a report, Venegas would have help from a new assistant: a cutting-edge artificial intelligence tool called Draft One.\u003c/p>\n\u003cp>East Palo Alto, a small working-class city that can feel a world away from its Silicon Valley neighbors, is among a handful of California departments, including Campbell, San Mateo, Bishop and Fresno, that have started to use or test the AI-powered software developed by Axon, an industry leader in body cameras and tasers. Axon said the program can help officers produce more objective reports in less time. But as more agencies adopt these kinds of tools, some experts wonder if they give artificial intelligence too big a part in the criminal justice system.\u003c/p>\n\u003cp>“We forget that that document plays a really central role in decisions that change people’s lives,” said Andrew Ferguson, a criminal law professor at American University Washington College of Law who wrote the first law review \u003ca href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4897632\">article\u003c/a> on AI-assisted police reports, which he expects to publish next year.\u003c/p>\n\u003cfigure id=\"attachment_12007615\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12007615\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5.jpg\" alt=\"A woman dressed in a police uniform sits at a desk in an office looking at a computer screen.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-15-KQED-5-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officer Wendy Venegas reviews body camera footage and uses Axon’s Draft One AI-based system to draft reports based on the audio from the camera at police headquarters in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>From documenting the details of complex homicides to recording the basics of a stolen bicycle, police reports have been at the heart of police work.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“They actually are kind of the building block of the criminal justice system because they are the official sort of memorialization of what happened, when, and sometimes why,” Ferguson said.\u003c/p>\n\u003cp>Prosecutors make charging decisions, judges make bail decisions and people make decisions about their own defense based — at least in part — on what is on this initial piece of paper.\u003c/p>\n\u003cp>“If part of that is being shaped by AI, it raises some real concerns about whether we can rely on it,” Ferguson said. The potential for error or bias introduced by AI is still being studied. But, he added, law enforcement leaders have an understandable desire to improve efficiency.\u003c/p>\n\u003cfigure id=\"attachment_12006137\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED.jpg?ver=1727233046\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12006137\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED.jpg\" alt=\"A woman wearing a pink shirt stands in front of a man and woman dressed in police uniforms.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-03-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officers Wendy Venegas (left) and Spencer Lawrence take a statement from a subject while responding to a call in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Axon is marketing its Draft One tool as a force multiplier, which is attractive to many police departments struggling to recruit and retain officers, a \u003ca href=\"https://www.theiacp.org/sites/default/files/239416_IACP_RecruitmentBR_HR_0.pdf\">crisis\u003c/a> that many in law enforcement say was exacerbated by the murder of George Floyd and the subsequent protests.\u003c/p>\n\u003cp>“The pendulum is swinging, but many of them are still 15, 20% below their targeted force numbers,” Axon founder Rick Smith said on an August earnings call with shareholders. “And so that’s where we’re hearing this sort of magical feedback, where they’re like, ‘Man, with Draft One, if it’s freeing up 20, 25% of my officers’ day from writing reports, that’s almost like a 20% bump in my, in my force power overnight.’”\u003c/p>\n\u003cp>East Palo Alto Chief Jeff Liu said his agency isn’t immune to these staffing concerns. The department is budgeted for 36 sworn officers, including the chief, but he’s currently short eight positions. He doesn’t see Draft One as a turn-key solution but hopes it can help officers spend more time on the streets.\u003c/p>\n\u003cp>“If this AI is going to speed up the reports, but without compromising accuracy, I think it’s a win,” he said. East Palo Alto’s \u003ca href=\"https://d3n9y02raazwpg.cloudfront.net/cityofepa/0b769671-d804-11ee-98bb-0050569183fa-3408cd31-ecd7-4429-9d91-65986d552499-1721442774.pdf\">contract\u003c/a> shows Draft One costs the city about $70 per body camera per month or about $40,000 per year.\u003c/p>\n\u003cfigure id=\"attachment_12006138\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12006138\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED.jpg\" alt=\"The torso of a person dressed in a police uniform holds a hand over a body camera.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-06-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officer Wendy Venegas’ Axon body camera in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Liu said while he doesn’t write many reports these days, he does use Chat GPT to draft social media posts and even condolence letters, which he then customizes in his own voice. Working with the popular AI chatbot made him more open to Draft One, he said. Draft One uses the same underlying AI as \u003ca href=\"https://openai.com/index/chatgpt/\">Chat GPT\u003c/a>, but departmental data is stored on a secure government cloud service developed by Microsoft.\u003c/p>\n\u003cp>Axon is not the only company that offers this service. \u003ca href=\"https://truleo.co/\">Truleo\u003c/a> — a company that uses AI to analyze vast swaths of bodycam footage to make sure officers are acting professionally — offers a similar report-writing program, but it hasn’t been marketed or adopted as widely as Axon’s Draft One.\u003c/p>\n\u003cp>In nearby Santa Clara County, Campbell police Capt. Ian White said that in his department’s first month of testing Draft One, officers said it saved them about 50 hours overall. The police department in Fort Collins, Colorado, found that, on average, reports written with Draft One were produced in eight minutes, while those not using the software took 23 minutes.\u003c/p>\n\u003cp>But the first independent \u003ca class=\"c-link\" href=\"https://link.springer.com/article/10.1007/s11292-024-09644-7\" target=\"_blank\" rel=\"noopener noreferrer\" data-stringify-link=\"https://link.springer.com/article/10.1007/s11292-024-09644-7\" data-sk=\"tooltip_parent\">study\u003c/a> of the Draft One software published this week in The Journal of Experimental Criminology, did not corroborate the time savings that White and others reported. Researchers at the University of South Carolina did a randomized controlled trial with a New Hampshire police department over the past year, which found officers who used Draft One didn’t write reports any faster than those in the control group.\u003c/p>\n\u003cp>Assistant Professor Ian Adams, who led the study, said he can’t yet draw conclusions about why there were no time-savings — he and his colleagues are still looking into that — but he said the results surprised him. He also cautioned against giving his findings too much weight. “It is in one agency, about one outcome at one point in time,” Adams said.\u003c/p>\n\u003cp>His team is still researching whether there could be other benefits like accuracy or completeness. If technology like Draft One can produce better-written reports, he said, “maybe they get returned for editing or revision less [often], and so you could maybe see systemic savings.”\u003c/p>\n\u003cfigure id=\"attachment_12006142\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED.jpg?ver=1727270167\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12006142\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED.jpg\" alt=\"A woman dressed in a police uniform sits at a desk in an office looking at a computer screen.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-13-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officer Wendy Venegas reviews body camera footage and uses Axon’s Draft One AI-based software to draft reports based on the audio from the camera at police headquarters in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Officer Venegas in East Palo Alto said the program helps her overcome writer’s block, especially after a long day on patrol. She can just push the Draft One button on her computer, and a narrative based on the audio transcript of her bodycam footage appears within seconds.\u003c/p>\n\u003cp>“When you don’t know what words you’re trying to write, and then you just look, and you’re like, ‘Oh, that’s exactly what I was thinking!’ That’s the best,” she said. Draft One is also changing the way she works in the field. Because the report is based on the audio transcript, Venegas said she will purposefully talk about what is happening during an incident.\u003c/p>\n\u003cp>“I’ll be like, ‘Did you see that? The mirror is broken,’” Venegas said. “‘Did you see that? There’s stuff on the floor. The knife, the bloody knife, is on the floor.’”\u003c/p>\n\u003cp>Axon product designer Noah Spitzer-Williams said this was one of the most surprising and fascinating side-effects of the software: it incentivizes officers to be more verbal overall, even talking into their camera’s microphone to provide context — like the parole status of a subject or whether a weapon has been reported before arriving at a scene — so the audio transcript contains key details that Draft One puts in the report.\u003c/p>\n\u003cp>“Then, during the interaction, the officer is asking more questions,” Spitzer-Williams said. “They’re echoing back statements like, ‘Okay, Jimmy. You’re giving me consent to search your backpack.’”\u003c/p>\n\u003cp>Spitzer-Williams said this also helps community relations because officers are explaining what they’re doing and why.\u003c/p>\n\u003cp>But \u003ca href=\"https://www.aclu.org/news/privacy-technology/acting-and-directing-police-cameras\">research\u003c/a> by the American Civil Liberties Union shows the ways officers’ real-time narration has also been used to manipulate evidence. A common example is when officers shout “stop resisting” to justify use of force even when the individual is complying. Axon’s Spitzer-Williams said he doesn’t believe Draft One will make this “real concern” any worse.\u003c/p>\n\u003cp>Spitzer-Williams also pointed to an Axon \u003ca href=\"https://a.storyblok.com/f/198504/x/7a83779017/axon_marketing_draft-one_double-blind-study_fnl.pdf\">study\u003c/a> that found reports written by the software tended to use less biased language than reports written by officers.\u003c/p>\n\u003cp>Back in a conference room at the East Palo Alto Police Department, Venegas read from her AI-generated report. “September 23, 2024, at approximately 10:49, I, Officer Venegas, responded to a call for service involving a minor and a domestic disturbance.’”\u003c/p>\n\u003cp>The program produced a good rough draft, she said, but it has some limitations. At this point, Draft One only understands English, so it got some things wrong, like who was speaking and who was related to whom.\u003c/p>\n\u003cp>“Sometimes it makes small mistakes like that,” Venegas said, “Which are easy to correct.”\u003c/p>\n\u003cfigure id=\"attachment_12006139\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12006139\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED.jpg\" alt=\"Three people dressed in police uniforms stand around outside next to a man with a white t-shirt.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/240923-AI-IN-POLICING-MD-08-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officers (from left) Guadalupe Juarez, Spencer Lawrence and Wendy Venegas speak with a subject while responding to a call in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Some in the criminal justice sector said these seemingly small mistakes point to bigger questions of authorship, which can become critical in the adjudication process. Dr. Matthew Guariglia, a policy analyst for the Electronic Frontier Foundation, said he’s concerned these reports are “going to destroy the ability to cross-examine officers. Because if an officer is caught in a lie on the stand, they can always just say, ‘Well, the AI wrote that.’” \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Capt. Ian White of the Campbell Police Department, which has been using the software since May, said his department’s policy ensures officers take responsibility for authoring the reports produced by Draft One. Even if an officer “screwed up” and an error was introduced into the report, he said, it should be easily resolvable by reviewing what he called the “gold standard” of evidence: the bodycam video.\u003c/p>\n\u003cp>“There’s error in any human activity,” White said. He thinks AI will make things more accurate, not less.\u003c/p>\n\u003cp>San Mateo County Assistant District Attorney Rebecca Baum, who has been talking with East Palo Alto and San Mateo police departments about their shift toward AI-assisted reports, said her office is cautiously optimistic about the new program. Her chief concern is that body cameras, and especially body camera audio, don’t capture everything that happens during an incident.\u003c/p>\n\u003cp>“Witness demeanor, if someone’s under the influence of drugs or alcohol, if there’s injuries,” Baum said, “this is not coming through from an audio recording of the body camera.”\u003c/p>\n\u003cfigure id=\"attachment_12007590\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12007590\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED.jpg\" alt=\"An image of a computer screen with text highlighted in blue.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/240923-AI-IN-POLICING-MD-16.-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">East Palo Alto Police Officer Wendy Venegas reviews the draft report generated by Axon Draft One’s based on the audio from her body camera at police headquarters in East Palo Alto on Sept. 23, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Officers need to remain very engaged in the process of writing these reports, Baum said, so they don’t leave something out — particularly information that shows a person might be innocent, which prosecutors have a duty to turn over.\u003c/p>\n\u003cp>For its part, Axon has also built a number of safeguards into the application to ensure that an officer goes through the report in detail to proofread it and make sure it’s accurate.\u003c/p>\n\u003cp>On the computer screen, Officer Venegas demonstrated how each paragraph of the report includes comments that need to be resolved before she can move the report out of Draft One and into the departmental system.\u003c/p>\n\u003cp>And at the very bottom of the screen, Venegas pointed to a box she has to click, a final step that Spitzer-Williams, of Axon, said is “arguably the most important,” given the potential ramifications of each report.\u003c/p>\n\u003cp>“I acknowledge that this report was generated using Draft One by Axon,” Venegas read aloud. “And that I further acknowledge that I have viewed the report in detail, made any necessary edits, and believe it to be an accurate representation of my recollection of the reported events. If needed, I’m willing to testify to the accuracy of this report.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This story is a collaboration between \u003ca href=\"https://www.kqed.org/\">KQED\u003c/a>, The Guardian US, and the \u003ca href=\"https://www.kqed.org/californianewsroom\">California Newsroom\u003c/a>.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "sf-waymo-riders-viral-video-shows-men-blocking-her-car-to-demand-her-number",
"title": "SF Waymo Rider’s Viral Video Shows Men Blocking Her Car to Demand Her Number",
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"headTitle": "SF Waymo Rider’s Viral Video Shows Men Blocking Her Car to Demand Her Number | KQED",
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"content": "\u003cp>San Franciscans have gotten fairly used to seeing driverless vehicles cruising in the lane next to them, but a viral video of a woman trapped in a Waymo by two men demanding her phone number is raising new concerns about passenger safety in the \u003ca href=\"https://www.kqed.org/news/tag/autonomous-vehicles\">autonomous vehicles\u003c/a>.\u003c/p>\n\u003cp>The woman, who identified herself as Amina V., posted the video of her frightening experience in the front passenger seat of a Waymo stalled on Mission Street after a man approached it at a red light.\u003c/p>\n\u003cp>“Warning to women in SF,” she wrote Monday in a \u003ca href=\"https://x.com/Amina_io/status/1840759345354809414\">post on social media platform X\u003c/a> accompanying the minute-long video, which shows two men standing in front of the car and gesturing to her, requesting her phone number. Amina asks them to move repeatedly, saying, “Get out of the way” and “Please stop. You’re holding traffic.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>She said via email that the whole exchange lasted a few minutes, during which a message appeared on the vehicle’s internal display that said something along the lines of “We will help you shortly.”\u003c/p>\n\u003cp>Amina said Waymo’s team reached out to her numerous times during and following the incident.\u003c/p>\n\u003cp>https://twitter.com/Amina_io/status/1840759345354809414\u003c/p>\n\u003cp>Waymo said in an email that “the trust and safety of our riders and community is our top priority, and we promptly connected with the rider to ensure their well-being.”\u003c/p>\n\u003cp>“In an instance like this, our riders have 24/7 access to Rider Support agents who will help them navigate the situation in real-time and coordinate closely with law enforcement officers to provide further assistance as needed,” Waymo said.\u003c/p>\n\u003cp>The company added that these situations are “exceedingly rare,” noting that it records about 100,000 rides a week in San Francisco, Los Angeles and Phoenix.\u003c/p>\n\u003cp>Amina’s experience is the second video of a San Francisco Waymo ride gone wrong to circulate in the past few weeks. Another video picked up by TikTok users \u003ca href=\"https://www.tiktok.com/@2urbangirls/video/7418298419674008875?q=waymo%20grafitti&t=1727882742484\">shows a man and his dog\u003c/a> in a stalled Waymo as two people tag the vehicle with markers.\u003c/p>\n\u003cp>Amina said that before she started filming, one of the two men in her video approached the vehicle and stood in front of it while she was stopped at a red light. He left and returned with a second man, and the two of them demanded her number.\u003c/p>\n\u003cp>[aside postID=news_12001637 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/08/231214-CRUISE-MD-06_qed-1020x680.jpg']\u003c/p>\n\u003cp>She said she was “afraid more men would crowd around, which thankfully didn’t happen.”\u003c/p>\n\u003cp>After the men moved, the car remained stalled, and Amina clicked an “in-car support” button.\u003c/p>\n\u003cp>“They seemed to be aware of the issue. They asked if I was OK, and the car began to drive towards my location. They asked if I needed police support, and I said no,” she said.\u003c/p>\n\u003cp>When she was nearing her destination, the support team called again to ask her if she was OK. She said she was in a rush to get to her hair appointment, which she was now running late to because of the incident, but assured them that she was fine. They reached out again hours later and let her know she would receive at least one free ride.\u003c/p>\n\u003cp>Amina said she is a fan of autonomous vehicles and might ride in one again despite the experience. She said she has anxiety about driving due to a serious car accident as a child and has been looking forward to this kind of technology for years.\u003c/p>\n\u003cp>How Waymo and other autonomous vehicle companies deal with “the human factor,” though, could be difficult, she told KQED.\u003c/p>\n\u003cp>“On Waymo’s side of things — they can encourage the cars to avoid driving in the Tenderloin or certain areas of SOMA. Having lived in SF for a while, I know that certain areas have a higher amount of people running in the streets, which would probably increase incidents like this happening,” she said.\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "The San Francisco woman’s video raises new concerns about passenger safety in driverless vehicles when they’re blocked.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Franciscans have gotten fairly used to seeing driverless vehicles cruising in the lane next to them, but a viral video of a woman trapped in a Waymo by two men demanding her phone number is raising new concerns about passenger safety in the \u003ca href=\"https://www.kqed.org/news/tag/autonomous-vehicles\">autonomous vehicles\u003c/a>.\u003c/p>\n\u003cp>The woman, who identified herself as Amina V., posted the video of her frightening experience in the front passenger seat of a Waymo stalled on Mission Street after a man approached it at a red light.\u003c/p>\n\u003cp>“Warning to women in SF,” she wrote Monday in a \u003ca href=\"https://x.com/Amina_io/status/1840759345354809414\">post on social media platform X\u003c/a> accompanying the minute-long video, which shows two men standing in front of the car and gesturing to her, requesting her phone number. Amina asks them to move repeatedly, saying, “Get out of the way” and “Please stop. You’re holding traffic.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>She said via email that the whole exchange lasted a few minutes, during which a message appeared on the vehicle’s internal display that said something along the lines of “We will help you shortly.”\u003c/p>\n\u003cp>Amina said Waymo’s team reached out to her numerous times during and following the incident.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Waymo said in an email that “the trust and safety of our riders and community is our top priority, and we promptly connected with the rider to ensure their well-being.”\u003c/p>\n\u003cp>“In an instance like this, our riders have 24/7 access to Rider Support agents who will help them navigate the situation in real-time and coordinate closely with law enforcement officers to provide further assistance as needed,” Waymo said.\u003c/p>\n\u003cp>The company added that these situations are “exceedingly rare,” noting that it records about 100,000 rides a week in San Francisco, Los Angeles and Phoenix.\u003c/p>\n\u003cp>Amina’s experience is the second video of a San Francisco Waymo ride gone wrong to circulate in the past few weeks. Another video picked up by TikTok users \u003ca href=\"https://www.tiktok.com/@2urbangirls/video/7418298419674008875?q=waymo%20grafitti&t=1727882742484\">shows a man and his dog\u003c/a> in a stalled Waymo as two people tag the vehicle with markers.\u003c/p>\n\u003cp>Amina said that before she started filming, one of the two men in her video approached the vehicle and stood in front of it while she was stopped at a red light. He left and returned with a second man, and the two of them demanded her number.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>She said she was “afraid more men would crowd around, which thankfully didn’t happen.”\u003c/p>\n\u003cp>After the men moved, the car remained stalled, and Amina clicked an “in-car support” button.\u003c/p>\n\u003cp>“They seemed to be aware of the issue. They asked if I was OK, and the car began to drive towards my location. They asked if I needed police support, and I said no,” she said.\u003c/p>\n\u003cp>When she was nearing her destination, the support team called again to ask her if she was OK. She said she was in a rush to get to her hair appointment, which she was now running late to because of the incident, but assured them that she was fine. They reached out again hours later and let her know she would receive at least one free ride.\u003c/p>\n\u003cp>Amina said she is a fan of autonomous vehicles and might ride in one again despite the experience. She said she has anxiety about driving due to a serious car accident as a child and has been looking forward to this kind of technology for years.\u003c/p>\n\u003cp>How Waymo and other autonomous vehicle companies deal with “the human factor,” though, could be difficult, she told KQED.\u003c/p>\n\u003cp>“On Waymo’s side of things — they can encourage the cars to avoid driving in the Tenderloin or certain areas of SOMA. Having lived in SF for a while, I know that certain areas have a higher amount of people running in the streets, which would probably increase incidents like this happening,” she said.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>In an 11th hour decision, Governor Gavin Newsom has vetoed a bill widely seen as one of the most ambitious efforts to regulate the generative AI industry. SB 1047 was one of hundreds of bills floated around the country in the absence of meaningful action from Congress to address potentially catastrophic impacts of the software.\u003c/p>\n\u003cp>SB 1047 would have required developers to submit their safety plans to the state attorney general, who could hold them liable if AI models they directly control were to cause harm or imminent threats to public safety.\u003c/p>\n\u003cp>“The harms at issue in SB 1047 are harms that people are trying to perpetrate today,” state Senator Scott Wiener (D-San Francisco) told KQED. “The question is, are we going to allow large AI models to make it even easier and smoother for people to do things like shut down the electric grid or build a chemical weapon? It’s not science fiction at all.”\u003c/p>\n\u003cp>In his \u003ca href=\"http://chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://s3.documentcloud.org/documents/25178071/sb-1047-veto-message.pdf\">veto message\u003c/a> on the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB1047\">Safe and Secure Innovation for Frontier Artificial Intelligence Models Act\u003c/a>, Newsom made it clear that he’s not averse to regulating AI companies, noting that he’s already approved more than a dozen bills around specific risks of harm to democracy, online privacy, and critical infrastructure. But he criticized SB 1047’s limited focus on the most expensive and large-scale models, saying it “establishes a regulatory framework that could give the public a false sense of security about controlling this fast-moving technology.”\u003c/p>\n\u003cp>Wiener spent the last year in a \u003ca href=\"https://www.kqed.org/news/12000892/ai-safety-testing-bill-heads-for-a-floor-vote-in-sacramento-taking-heavy-fire-from-silicon-valley\">pitched battle\u003c/a> with some of the most prominent figures in the AI industry, including many who warned the measure could stifle the growth of the technology in California. Wiener said he amended the measure to reflect counsel from leaders in the AI space, including safety groups, academics, startups and developers like Amazon-backed Anthropic.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Jack Clark, co-founder of Anthropic, tweeted Sunday that, “While the final version of SB 1047 was not perfect, it was a promising first step towards mitigating potentially severe and far reaching risks associated with AI development.”\u003c/p>\n\u003cp>https://twitter.com/jackclarkSF/status/1840509202352984550\u003c/p>\n\u003cp>Wiener eliminated text that would have allowed California’s attorney general to sue AI companies for negligent safety practices before a catastrophic event has occurred, along with plans to establish a division within the California Department of Technology that would have provided oversight and enforcement.\u003c/p>\n\u003cp>Compared to the original language of the bill, what landed on the governor’s desk was substantially weaker, according to Gary Marcus, a scientist, entrepreneur and author of \u003ca href=\"https://www.amazon.com/Taming-Silicon-Valley-Ensure-Works/dp/0262551063/ref=sr_1_1?crid=3A88EX2BVWA8H&dib=eyJ2IjoiMSJ9.F31swn2jM8u95GwAae9mH9FtgLBwUwaWK0GYU8T73IeQzBQQZgNmHvqkTzpmOdLL3Cl3xGckiQPC0QdJAKKOYoriPQEYkLaDfuMKFNOAOAYq85KJ5JOQU8s7XYTGk5qGUWMGp2mOorCYamVYxtwjzw.F1IisiErR1kWYZw0nuDn_CLFRvoRFMUlti7pxm2y61Q&dib_tag=se&keywords=Taming+Silicon+Valley&qid=1727652464&sprefix=taming+silicon+valley%2Caps%2C145&sr=8-1\">Taming Silicon Valley\u003c/a>, a book highly critical of generative AI. “The bill was watered down,” Marcus said, adding he feels its value was primarily symbolic, and that Newsom’s decision signaled to Silicon Valley that it can “cause enormous chaos, and probably nobody’s going to make them fix it.”\u003c/p>\n\u003cp>As with other measures before Newsom, the governor had a month to consider whether to sign SB 1047 or veto it, and during that time, his office was lobbied heavily by industry insiders on both sides, as well as local \u003ca href=\"https://www.kqed.org/news/12002254/california-bill-to-regulate-catastrophic-effects-of-ai-heads-to-newsoms-desk\">congressional representatives\u003c/a> and \u003ca href=\"https://www.latimes.com/entertainment-arts/business/story/2024-09-24/mark-hamill-jane-fonda-joseph-gordon-levitt-sign-letter-in-support-of-ai-safety-bill-sb-1047\">Hollywood celebrities\u003c/a>.\u003c/p>\n\u003cp>“I don’t have the technical capacity to perfectly predict how [SB 1047] would have affected the AI industry,” said Thad Kousser, a political science professor at UC San Diego. “Many people in Sacramento don’t have that ability. Maybe they just decided to err on the side of caution, thinking, ‘Wow, there’s so many industry voices saying this particular bill is dangerous and could have a chilling effect.’ Not really knowing 100%, maybe the safer step is just vetoing,” Kousser said.\u003c/p>\n\u003cp>Wiener said the governor’s office did not engage with his office as the bill made its way through the state Assembly and Senate. “I personally met with some of the most vocal opponents of the bill, with the Andreessen Horowitz firm, with several of the Stanford professors who were opposing the bill, with the large tech companies that were opposing the bill. I also met with individuals and businesses that had constructive criticism of the bill. And we made significant changes to the bill in response to those constructive critiques.”\u003c/p>\n\u003cp>Those changes were not enough for many critics, including Congresswoman Zoe Lofgren of San José, who wrote, “Any AI risk framework should be based on empirical data and fit for purpose. I also believe this is an issue that should be handled at the federal level. Congress and the Administration are both moving on AI governance. I look forward to working with the Governor as we move forward.”\u003c/p>\n\u003cp>Lofgren is the ranking member of the \u003ca href=\"https://science.house.gov/committee-members\">House Science, Space and Technology Committee\u003c/a>, which has in recent weeks moved nine bills forward, but all \u003ca href=\"https://www.dlapiper.com/en-us/insights/publications/ai-outlook/2024/ai-legislation-advances-in-us-house-of-representatives\">face an uncertain future\u003c/a> in the House of Representatives. Nothing addressing the scope and scale of SB 1047 has passed out of any committee. But Lina Khan of the Federal Trade Commission has said that federal regulators are keen to use \u003ca href=\"http://chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.ftc.gov/system/files/ftc_gov/pdf/remarks-of-chair-lina-m-khan-re-joint-interagency-statement-on-ai.pdf\">existing laws (PDF)\u003c/a> to go after bad behavior in Silicon Valley and elsewhere.\u003c/p>\n\u003cp>Unlike the \u003ca href=\"https://www.kqed.org/news/11987803/how-california-and-the-eu-work-together-to-regulate-artificial-intelligence\">European Union\u003c/a> and Colorado, both of which passed comprehensive laws, California lawmakers have largely focused on discrete bills addressing specific issues with generative AI. Gov. Newsom signed 17 of these bills this year, as he noted in his veto message, and California is among a host of states taking steps to regulate generative AI.\u003c/p>\n\u003cp>Given the inertia in Washington, D.C., most political analysts see the state level as the only hope for aggressive regulation of technology.\u003c/p>\n\u003cp>In the race for the White House this year, both Kamala Harris and Donald Trump have sought the support of Silicon Valley’s most powerful players. Newsom’s presidential ambitions are presumably on hold for the foreseeable future, but given the national profile of SB 1047, some have wondered if he might be loath to make enemies among those profiting from the rise of generative artificial intelligence.\u003c/p>\n\u003cp>“I think, like any good politician who’s ascended to the heights Gavin Newsom has, you’ve got to be thinking about ‘How will I be judged today, tomorrow, in 5 or 10 years,” said Professor Kousser. “That forward thinking has guided his decisions on many bills throughout his governorship. He’s been on the right side of history in many of the strong policy stands he has taken, as mayor and as governor — and he’s hoping that he’ll be on the right side of history on this one.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Industry critics like Marcus argue something much more cynical: that the biggest of the big Silicon Valley companies have become so wealthy and powerful that few U.S. politicians appear willing to go up against them. “Existing laws didn’t anticipate the AI era, and so there are lots of gaps in those laws. We don’t really have clarity about what to do about copyright. We don’t have clarity about what to do with machines when they go out of control in some way.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In an 11th hour decision, Governor Gavin Newsom has vetoed a bill widely seen as one of the most ambitious efforts to regulate the generative AI industry. SB 1047 was one of hundreds of bills floated around the country in the absence of meaningful action from Congress to address potentially catastrophic impacts of the software.\u003c/p>\n\u003cp>SB 1047 would have required developers to submit their safety plans to the state attorney general, who could hold them liable if AI models they directly control were to cause harm or imminent threats to public safety.\u003c/p>\n\u003cp>“The harms at issue in SB 1047 are harms that people are trying to perpetrate today,” state Senator Scott Wiener (D-San Francisco) told KQED. “The question is, are we going to allow large AI models to make it even easier and smoother for people to do things like shut down the electric grid or build a chemical weapon? It’s not science fiction at all.”\u003c/p>\n\u003cp>In his \u003ca href=\"http://chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://s3.documentcloud.org/documents/25178071/sb-1047-veto-message.pdf\">veto message\u003c/a> on the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB1047\">Safe and Secure Innovation for Frontier Artificial Intelligence Models Act\u003c/a>, Newsom made it clear that he’s not averse to regulating AI companies, noting that he’s already approved more than a dozen bills around specific risks of harm to democracy, online privacy, and critical infrastructure. But he criticized SB 1047’s limited focus on the most expensive and large-scale models, saying it “establishes a regulatory framework that could give the public a false sense of security about controlling this fast-moving technology.”\u003c/p>\n\u003cp>Wiener spent the last year in a \u003ca href=\"https://www.kqed.org/news/12000892/ai-safety-testing-bill-heads-for-a-floor-vote-in-sacramento-taking-heavy-fire-from-silicon-valley\">pitched battle\u003c/a> with some of the most prominent figures in the AI industry, including many who warned the measure could stifle the growth of the technology in California. Wiener said he amended the measure to reflect counsel from leaders in the AI space, including safety groups, academics, startups and developers like Amazon-backed Anthropic.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Jack Clark, co-founder of Anthropic, tweeted Sunday that, “While the final version of SB 1047 was not perfect, it was a promising first step towards mitigating potentially severe and far reaching risks associated with AI development.”\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Wiener eliminated text that would have allowed California’s attorney general to sue AI companies for negligent safety practices before a catastrophic event has occurred, along with plans to establish a division within the California Department of Technology that would have provided oversight and enforcement.\u003c/p>\n\u003cp>Compared to the original language of the bill, what landed on the governor’s desk was substantially weaker, according to Gary Marcus, a scientist, entrepreneur and author of \u003ca href=\"https://www.amazon.com/Taming-Silicon-Valley-Ensure-Works/dp/0262551063/ref=sr_1_1?crid=3A88EX2BVWA8H&dib=eyJ2IjoiMSJ9.F31swn2jM8u95GwAae9mH9FtgLBwUwaWK0GYU8T73IeQzBQQZgNmHvqkTzpmOdLL3Cl3xGckiQPC0QdJAKKOYoriPQEYkLaDfuMKFNOAOAYq85KJ5JOQU8s7XYTGk5qGUWMGp2mOorCYamVYxtwjzw.F1IisiErR1kWYZw0nuDn_CLFRvoRFMUlti7pxm2y61Q&dib_tag=se&keywords=Taming+Silicon+Valley&qid=1727652464&sprefix=taming+silicon+valley%2Caps%2C145&sr=8-1\">Taming Silicon Valley\u003c/a>, a book highly critical of generative AI. “The bill was watered down,” Marcus said, adding he feels its value was primarily symbolic, and that Newsom’s decision signaled to Silicon Valley that it can “cause enormous chaos, and probably nobody’s going to make them fix it.”\u003c/p>\n\u003cp>As with other measures before Newsom, the governor had a month to consider whether to sign SB 1047 or veto it, and during that time, his office was lobbied heavily by industry insiders on both sides, as well as local \u003ca href=\"https://www.kqed.org/news/12002254/california-bill-to-regulate-catastrophic-effects-of-ai-heads-to-newsoms-desk\">congressional representatives\u003c/a> and \u003ca href=\"https://www.latimes.com/entertainment-arts/business/story/2024-09-24/mark-hamill-jane-fonda-joseph-gordon-levitt-sign-letter-in-support-of-ai-safety-bill-sb-1047\">Hollywood celebrities\u003c/a>.\u003c/p>\n\u003cp>“I don’t have the technical capacity to perfectly predict how [SB 1047] would have affected the AI industry,” said Thad Kousser, a political science professor at UC San Diego. “Many people in Sacramento don’t have that ability. Maybe they just decided to err on the side of caution, thinking, ‘Wow, there’s so many industry voices saying this particular bill is dangerous and could have a chilling effect.’ Not really knowing 100%, maybe the safer step is just vetoing,” Kousser said.\u003c/p>\n\u003cp>Wiener said the governor’s office did not engage with his office as the bill made its way through the state Assembly and Senate. “I personally met with some of the most vocal opponents of the bill, with the Andreessen Horowitz firm, with several of the Stanford professors who were opposing the bill, with the large tech companies that were opposing the bill. I also met with individuals and businesses that had constructive criticism of the bill. And we made significant changes to the bill in response to those constructive critiques.”\u003c/p>\n\u003cp>Those changes were not enough for many critics, including Congresswoman Zoe Lofgren of San José, who wrote, “Any AI risk framework should be based on empirical data and fit for purpose. I also believe this is an issue that should be handled at the federal level. Congress and the Administration are both moving on AI governance. I look forward to working with the Governor as we move forward.”\u003c/p>\n\u003cp>Lofgren is the ranking member of the \u003ca href=\"https://science.house.gov/committee-members\">House Science, Space and Technology Committee\u003c/a>, which has in recent weeks moved nine bills forward, but all \u003ca href=\"https://www.dlapiper.com/en-us/insights/publications/ai-outlook/2024/ai-legislation-advances-in-us-house-of-representatives\">face an uncertain future\u003c/a> in the House of Representatives. Nothing addressing the scope and scale of SB 1047 has passed out of any committee. But Lina Khan of the Federal Trade Commission has said that federal regulators are keen to use \u003ca href=\"http://chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.ftc.gov/system/files/ftc_gov/pdf/remarks-of-chair-lina-m-khan-re-joint-interagency-statement-on-ai.pdf\">existing laws (PDF)\u003c/a> to go after bad behavior in Silicon Valley and elsewhere.\u003c/p>\n\u003cp>Unlike the \u003ca href=\"https://www.kqed.org/news/11987803/how-california-and-the-eu-work-together-to-regulate-artificial-intelligence\">European Union\u003c/a> and Colorado, both of which passed comprehensive laws, California lawmakers have largely focused on discrete bills addressing specific issues with generative AI. Gov. Newsom signed 17 of these bills this year, as he noted in his veto message, and California is among a host of states taking steps to regulate generative AI.\u003c/p>\n\u003cp>Given the inertia in Washington, D.C., most political analysts see the state level as the only hope for aggressive regulation of technology.\u003c/p>\n\u003cp>In the race for the White House this year, both Kamala Harris and Donald Trump have sought the support of Silicon Valley’s most powerful players. Newsom’s presidential ambitions are presumably on hold for the foreseeable future, but given the national profile of SB 1047, some have wondered if he might be loath to make enemies among those profiting from the rise of generative artificial intelligence.\u003c/p>\n\u003cp>“I think, like any good politician who’s ascended to the heights Gavin Newsom has, you’ve got to be thinking about ‘How will I be judged today, tomorrow, in 5 or 10 years,” said Professor Kousser. “That forward thinking has guided his decisions on many bills throughout his governorship. He’s been on the right side of history in many of the strong policy stands he has taken, as mayor and as governor — and he’s hoping that he’ll be on the right side of history on this one.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Industry critics like Marcus argue something much more cynical: that the biggest of the big Silicon Valley companies have become so wealthy and powerful that few U.S. politicians appear willing to go up against them. “Existing laws didn’t anticipate the AI era, and so there are lots of gaps in those laws. We don’t really have clarity about what to do about copyright. We don’t have clarity about what to do with machines when they go out of control in some way.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cem>Updated 4:30 p.m. Sunday\u003c/em>\u003c/p>\n\u003cp>Gov. Gavin Newsom vetoed a landmark bill aimed at establishing first-in-the-nation \u003ca href=\"https://apnews.com/article/california-ai-regulation-bill-vote-cf581ef29fe47df8ce2ae3b979e07f73\">safety measures\u003c/a> for large artificial intelligence models Sunday.\u003c/p>\n\u003cp>The decision is a major blow to efforts attempting to rein in the homegrown industry that is rapidly evolving with little oversight. The bill would have established some of the first regulations on large-scale AI models in the nation and paved the way for AI safety regulations across the country, supporters said.\u003c/p>\n\u003cp>Earlier this month, the Democratic governor told an audience at Dreamforce, an annual conference hosted by software giant Salesforce, that California must lead in regulating AI in the face of federal inaction but that \u003ca href=\"https://apnews.com/article/california-meta-google-ai-regulation-fight-e3a9c25b597b5f469fe0de149572f87e\">the proposal\u003c/a> “can have a chilling effect on the industry.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The proposal, which drew fierce opposition from startups, tech giants and several Democratic House members, could have hurt the homegrown industry by establishing rigid requirements, Newsom said.\u003c/p>\n\u003cp>“While well-intentioned, SB 1047 does not take into account whether an AI system is deployed in high-risk environments, involves critical decision-making or the use of sensitive data,” Newsom said in a statement. “Instead, the bill applies stringent standards to even the most basic functions — so long as a large system deploys it. I do not believe this is the best approach to protecting the public from real threats posed by the technology.”\u003c/p>\n\u003cp>Newsom on Sunday instead announced that the state will partner with several industry experts, including AI pioneer \u003ca href=\"https://apnews.com/article/ai-pioneer-feifei-li-stanford-computer-vision-imagenet-702717c10defd89feabf01e6c1566a4b\">Fei-Fei Li\u003c/a>, to develop guardrails around powerful AI models. Li opposed the AI safety proposal.\u003c/p>\n\u003cp>The author of SB 1047, state Sen. Scott Wiener of San Francisco, told KQED Sunday said it was a major missed opportunity for California to lead on tech regulation and on AI safety.\u003c/p>\n\u003cp>“\u003cb>\u003c/b>This bill was meticulously put together. We worked with some of the most brilliant AI experts in the world. We worked with technology companies. We we worked with a huge coalition on this bill and it deserved to be signed,” Wiener said. “The governor obviously disagreed, and it’s a missed opportunity.”\u003c/p>\n\u003cp>The measure, aimed at reducing potential risks created by AI, would have required companies to test their models and publicly disclose their safety protocols to prevent the models from being manipulated to, for example, wipe out the state’s electric grid or help build chemical weapons. Experts say those scenarios could be possible in the future as the industry continues to rapidly advance. It also would have provided whistleblower protections to workers.\u003c/p>\n\u003cp>The legislation is among \u003ca href=\"https://apnews.com/article/california-ai-election-deepfakes-safety-regulations-eb6bbc80e346744dbb250f931ebca9f3\">a host of bills\u003c/a> passed by the Legislature this year to regulate AI, \u003ca href=\"https://apnews.com/article/california-artificial-intelligence-deepfakes-election-0e70cb32b06d9187eaef5bdacaba6d77\">fight deepfakes\u003c/a> and \u003ca href=\"https://apnews.com/article/california-hollywood-actors-ai-protections-artificial-intelligence-d3d53135ee76849c2da1388efcfc8975\">protect workers\u003c/a>. State lawmakers said California must take actions this year, citing hard lessons they learned from failing to rein in social media companies when they might have had a chance.\u003c/p>\n\u003cp>Proponents of the measure, including Elon Musk and Anthropic, said the proposal could have injected some levels of transparency and accountability around large-scale AI models, as developers and experts say they still don’t have a full understanding of how AI models behave and why.\u003c/p>\n\u003cp>The bill targeted systems that require \u003ca href=\"https://apnews.com/article/measuring-ai-safety-risk-flops-california-1047-6d556799683b02aa192b821462422aa2\">more than $100 million\u003c/a> to build. No current AI models have hit that threshold, but some experts said that could change within the next year.\u003c/p>\n\u003cp>“This is because of the massive investment scale-up within the industry,” said Daniel Kokotajlo, a former OpenAI researcher who resigned in April over what he saw as the company’s disregard for AI risks. “This is a crazy amount of power to have any private company control unaccountably, and it’s also incredibly risky.”\u003c/p>\n\u003cp>The United States is already behind \u003ca href=\"https://apnews.com/article/european-union-artificial-intelligence-8ed875df104fbc254b3dd09f348255e8\">Europe in regulating AI\u003c/a> to limit risks. The California proposal wasn’t as comprehensive as regulations in Europe, but it would have been a good first step to set guardrails around the rapidly growing technology that is raising concerns about job loss, misinformation, invasions of privacy and \u003ca href=\"https://apnews.com/article/artificial-intelligence-ai-explained-policy-technology-regulations-discrimination-d3226c9139d3d06af263e7ff467d0666\">automation bias\u003c/a>, supporters said.\u003c/p>\n\u003cp>A number of leading AI companies last year \u003ca href=\"https://apnews.com/article/artificial-intelligence-safeguards-joe-biden-kamala-harris-4caf02b94275429f764b06840897436c\">voluntarily agreed\u003c/a> to follow safeguards set by the White House, such as testing and sharing information about their models. The California bill would have mandated AI developers to follow requirements similar to those commitments, said the measure’s supporters.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_12002254,news_12003542,forum_2010101906887,news_12005269\"]\u003c/p>\n\u003cp>But critics, including former U.S. House Speaker Nancy Pelosi, argued that the bill would “kill California tech” and stifle innovation. It would have discouraged AI developers from investing in large models or sharing open-source software, they said.\u003c/p>\n\u003cp>Newsom’s decision to veto the bill marks another win in California for big tech companies and AI developers, many of whom spent the past year lobbying alongside the California Chamber of Commerce to sway the governor and lawmakers from advancing AI regulations.\u003c/p>\n\u003cp>Two other sweeping AI proposals, which also faced mounting opposition from the tech industry and others, died ahead of a legislative deadline last month. The bills would have required AI developers to label AI-generated content and \u003ca href=\"https://apnews.com/article/artificial-intelligence-bias-discrimination-regulation-ai-ff1d0860663723079aac3666b38f2320\">ban discrimination from AI tools\u003c/a> used to make employment decisions.\u003c/p>\n\u003cp>The governor said earlier this summer he wanted to protect California’s status as a global leader in AI, noting that 32 of the world’s top 50 AI companies are located in the state.\u003c/p>\n\u003cp>He has promoted California as an early adopter as the state \u003ca href=\"https://apnews.com/article/california-ai-generative-artificial-intelligence-contracts-c178a60b679193ca03168d053f3b811b\">could soon deploy generative AI tools\u003c/a> to address highway congestion, provide tax guidance and streamline homelessness programs. The state also announced last month \u003ca href=\"https://apnews.com/article/nvidia-artificial-intelligence-ai-california-0958f43b6aecbdb7617dfcb78bad7319\">a voluntary partnership\u003c/a> with AI giant Nvidia to help train students, college faculty, developers and data scientists. California is also considering new rules against AI discrimination in hiring practices.\u003c/p>\n\u003cp>Earlier this month, Newsom signed some of the toughest laws in the country to crack down on \u003ca href=\"https://apnews.com/article/california-artificial-intelligence-deepfakes-election-0e70cb32b06d9187eaef5bdacaba6d77\">election deepfakes\u003c/a> and measures to \u003ca href=\"https://apnews.com/article/california-hollywood-actors-ai-protections-artificial-intelligence-d3d53135ee76849c2da1388efcfc8975\">protect Hollywood workers\u003c/a> from unauthorized AI use.\u003c/p>\n\u003cp>But even with Newsom’s veto, the California safety proposal is inspiring lawmakers in other states to take up similar measures, said Tatiana Rice, deputy director of the Future of Privacy Forum, a nonprofit that works with lawmakers on technology and privacy proposals.\u003c/p>\n\u003cp>“They are going to potentially either copy it or do something similar next legislative session,” Rice said. “So it’s not going away.”\u003c/p>\n\u003cp>\u003cem>KQED’s Nik Altenberg contributed reporting to this story. The Associated Press and OpenAI have \u003ca href=\"https://apnews.com/article/openai-chatgpt-associated-press-ap-f86f84c5bcc2f3b98074b38521f5f75a\">a licensing and technology agreement\u003c/a> that allows OpenAI access to part of AP’s text archives.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 4:30 p.m. Sunday\u003c/em>\u003c/p>\n\u003cp>Gov. Gavin Newsom vetoed a landmark bill aimed at establishing first-in-the-nation \u003ca href=\"https://apnews.com/article/california-ai-regulation-bill-vote-cf581ef29fe47df8ce2ae3b979e07f73\">safety measures\u003c/a> for large artificial intelligence models Sunday.\u003c/p>\n\u003cp>The decision is a major blow to efforts attempting to rein in the homegrown industry that is rapidly evolving with little oversight. The bill would have established some of the first regulations on large-scale AI models in the nation and paved the way for AI safety regulations across the country, supporters said.\u003c/p>\n\u003cp>Earlier this month, the Democratic governor told an audience at Dreamforce, an annual conference hosted by software giant Salesforce, that California must lead in regulating AI in the face of federal inaction but that \u003ca href=\"https://apnews.com/article/california-meta-google-ai-regulation-fight-e3a9c25b597b5f469fe0de149572f87e\">the proposal\u003c/a> “can have a chilling effect on the industry.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The proposal, which drew fierce opposition from startups, tech giants and several Democratic House members, could have hurt the homegrown industry by establishing rigid requirements, Newsom said.\u003c/p>\n\u003cp>“While well-intentioned, SB 1047 does not take into account whether an AI system is deployed in high-risk environments, involves critical decision-making or the use of sensitive data,” Newsom said in a statement. “Instead, the bill applies stringent standards to even the most basic functions — so long as a large system deploys it. I do not believe this is the best approach to protecting the public from real threats posed by the technology.”\u003c/p>\n\u003cp>Newsom on Sunday instead announced that the state will partner with several industry experts, including AI pioneer \u003ca href=\"https://apnews.com/article/ai-pioneer-feifei-li-stanford-computer-vision-imagenet-702717c10defd89feabf01e6c1566a4b\">Fei-Fei Li\u003c/a>, to develop guardrails around powerful AI models. Li opposed the AI safety proposal.\u003c/p>\n\u003cp>The author of SB 1047, state Sen. Scott Wiener of San Francisco, told KQED Sunday said it was a major missed opportunity for California to lead on tech regulation and on AI safety.\u003c/p>\n\u003cp>“\u003cb>\u003c/b>This bill was meticulously put together. We worked with some of the most brilliant AI experts in the world. We worked with technology companies. We we worked with a huge coalition on this bill and it deserved to be signed,” Wiener said. “The governor obviously disagreed, and it’s a missed opportunity.”\u003c/p>\n\u003cp>The measure, aimed at reducing potential risks created by AI, would have required companies to test their models and publicly disclose their safety protocols to prevent the models from being manipulated to, for example, wipe out the state’s electric grid or help build chemical weapons. Experts say those scenarios could be possible in the future as the industry continues to rapidly advance. It also would have provided whistleblower protections to workers.\u003c/p>\n\u003cp>The legislation is among \u003ca href=\"https://apnews.com/article/california-ai-election-deepfakes-safety-regulations-eb6bbc80e346744dbb250f931ebca9f3\">a host of bills\u003c/a> passed by the Legislature this year to regulate AI, \u003ca href=\"https://apnews.com/article/california-artificial-intelligence-deepfakes-election-0e70cb32b06d9187eaef5bdacaba6d77\">fight deepfakes\u003c/a> and \u003ca href=\"https://apnews.com/article/california-hollywood-actors-ai-protections-artificial-intelligence-d3d53135ee76849c2da1388efcfc8975\">protect workers\u003c/a>. State lawmakers said California must take actions this year, citing hard lessons they learned from failing to rein in social media companies when they might have had a chance.\u003c/p>\n\u003cp>Proponents of the measure, including Elon Musk and Anthropic, said the proposal could have injected some levels of transparency and accountability around large-scale AI models, as developers and experts say they still don’t have a full understanding of how AI models behave and why.\u003c/p>\n\u003cp>The bill targeted systems that require \u003ca href=\"https://apnews.com/article/measuring-ai-safety-risk-flops-california-1047-6d556799683b02aa192b821462422aa2\">more than $100 million\u003c/a> to build. No current AI models have hit that threshold, but some experts said that could change within the next year.\u003c/p>\n\u003cp>“This is because of the massive investment scale-up within the industry,” said Daniel Kokotajlo, a former OpenAI researcher who resigned in April over what he saw as the company’s disregard for AI risks. “This is a crazy amount of power to have any private company control unaccountably, and it’s also incredibly risky.”\u003c/p>\n\u003cp>The United States is already behind \u003ca href=\"https://apnews.com/article/european-union-artificial-intelligence-8ed875df104fbc254b3dd09f348255e8\">Europe in regulating AI\u003c/a> to limit risks. The California proposal wasn’t as comprehensive as regulations in Europe, but it would have been a good first step to set guardrails around the rapidly growing technology that is raising concerns about job loss, misinformation, invasions of privacy and \u003ca href=\"https://apnews.com/article/artificial-intelligence-ai-explained-policy-technology-regulations-discrimination-d3226c9139d3d06af263e7ff467d0666\">automation bias\u003c/a>, supporters said.\u003c/p>\n\u003cp>A number of leading AI companies last year \u003ca href=\"https://apnews.com/article/artificial-intelligence-safeguards-joe-biden-kamala-harris-4caf02b94275429f764b06840897436c\">voluntarily agreed\u003c/a> to follow safeguards set by the White House, such as testing and sharing information about their models. The California bill would have mandated AI developers to follow requirements similar to those commitments, said the measure’s supporters.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But critics, including former U.S. House Speaker Nancy Pelosi, argued that the bill would “kill California tech” and stifle innovation. It would have discouraged AI developers from investing in large models or sharing open-source software, they said.\u003c/p>\n\u003cp>Newsom’s decision to veto the bill marks another win in California for big tech companies and AI developers, many of whom spent the past year lobbying alongside the California Chamber of Commerce to sway the governor and lawmakers from advancing AI regulations.\u003c/p>\n\u003cp>Two other sweeping AI proposals, which also faced mounting opposition from the tech industry and others, died ahead of a legislative deadline last month. The bills would have required AI developers to label AI-generated content and \u003ca href=\"https://apnews.com/article/artificial-intelligence-bias-discrimination-regulation-ai-ff1d0860663723079aac3666b38f2320\">ban discrimination from AI tools\u003c/a> used to make employment decisions.\u003c/p>\n\u003cp>The governor said earlier this summer he wanted to protect California’s status as a global leader in AI, noting that 32 of the world’s top 50 AI companies are located in the state.\u003c/p>\n\u003cp>He has promoted California as an early adopter as the state \u003ca href=\"https://apnews.com/article/california-ai-generative-artificial-intelligence-contracts-c178a60b679193ca03168d053f3b811b\">could soon deploy generative AI tools\u003c/a> to address highway congestion, provide tax guidance and streamline homelessness programs. The state also announced last month \u003ca href=\"https://apnews.com/article/nvidia-artificial-intelligence-ai-california-0958f43b6aecbdb7617dfcb78bad7319\">a voluntary partnership\u003c/a> with AI giant Nvidia to help train students, college faculty, developers and data scientists. California is also considering new rules against AI discrimination in hiring practices.\u003c/p>\n\u003cp>Earlier this month, Newsom signed some of the toughest laws in the country to crack down on \u003ca href=\"https://apnews.com/article/california-artificial-intelligence-deepfakes-election-0e70cb32b06d9187eaef5bdacaba6d77\">election deepfakes\u003c/a> and measures to \u003ca href=\"https://apnews.com/article/california-hollywood-actors-ai-protections-artificial-intelligence-d3d53135ee76849c2da1388efcfc8975\">protect Hollywood workers\u003c/a> from unauthorized AI use.\u003c/p>\n\u003cp>But even with Newsom’s veto, the California safety proposal is inspiring lawmakers in other states to take up similar measures, said Tatiana Rice, deputy director of the Future of Privacy Forum, a nonprofit that works with lawmakers on technology and privacy proposals.\u003c/p>\n\u003cp>“They are going to potentially either copy it or do something similar next legislative session,” Rice said. “So it’s not going away.”\u003c/p>\n\u003cp>\u003cem>KQED’s Nik Altenberg contributed reporting to this story. The Associated Press and OpenAI have \u003ca href=\"https://apnews.com/article/openai-chatgpt-associated-press-ap-f86f84c5bcc2f3b98074b38521f5f75a\">a licensing and technology agreement\u003c/a> that allows OpenAI access to part of AP’s text archives.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
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"marketplace": {
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"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
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"politicalbreakdown": {
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"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
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"possible": {
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"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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"pri-the-world": {
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"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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"radiolab": {
"id": "radiolab",
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"info": "A two-time Peabody Award-winner, Radiolab is an investigation told through sounds and stories, and centered around one big idea. In the Radiolab world, information sounds like music and science and culture collide. Hosted by Jad Abumrad and Robert Krulwich, the show is designed for listeners who demand skepticism, but appreciate wonder. WNYC Studios is the producer of other leading podcasts including Freakonomics Radio, Death, Sex & Money, On the Media and many more.",
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"reveal": {
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"info": "Created by The Center for Investigative Reporting and PRX, Reveal is public radios first one-hour weekly radio show and podcast dedicated to investigative reporting. Credible, fact based and without a partisan agenda, Reveal combines the power and artistry of driveway moment storytelling with data-rich reporting on critically important issues. The result is stories that inform and inspire, arming our listeners with information to right injustices, hold the powerful accountable and improve lives.Reveal is hosted by Al Letson and showcases the award-winning work of CIR and newsrooms large and small across the nation. In a radio and podcast market crowded with choices, Reveal focuses on important and often surprising stories that illuminate the world for our listeners.",
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},
"rightnowish": {
"id": "rightnowish",
"title": "Rightnowish",
"tagline": "Art is where you find it",
"info": "Rightnowish digs into life in the Bay Area right now… ish. Journalist Pendarvis Harshaw takes us to galleries painted on the sides of liquor stores in West Oakland. We'll dance in warehouses in the Bayview, make smoothies with kids in South Berkeley, and listen to classical music in a 1984 Cutlass Supreme in Richmond. Every week, Pen talks to movers and shakers about how the Bay Area shapes what they create, and how they shape the place we call home.",
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},
"science-friday": {
"id": "science-friday",
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"info": "Science Friday is a weekly science talk show, broadcast live over public radio stations nationwide. Each week, the show focuses on science topics that are in the news and tries to bring an educated, balanced discussion to bear on the scientific issues at hand. Panels of expert guests join host Ira Flatow, a veteran science journalist, to discuss science and to take questions from listeners during the call-in portion of the program.",
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"snap-judgment": {
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"title": "Snap Judgment",
"tagline": "Real stories with killer beats",
"info": "The Snap Judgment radio show and podcast mixes real stories with killer beats to produce cinematic, dramatic radio. Snap's musical brand of storytelling dares listeners to see the world through the eyes of another. This is storytelling... with a BEAT!! Snap first aired on public radio stations nationwide in July 2010. Today, Snap Judgment airs on over 450 public radio stations and is brought to the airwaves by KQED & PRX.",
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