Nevada Court Latest To Say Mandatory Detention Of Migrants Is Illegal

Legal Issues

from the can't-pretend-rights-just-don't-exist dept

More of the same for the Trump administration — one that seems incapable of achieving its goals without breaking the law or disregarding the Constitution.

Hundreds of judges handling thousands of cases have already told the administration it can’t do the things it thinks it can when it comes to satisfying its anti-migrant bloodlust/Stephen Miller’s 3,000-arrests-per-day quota (they’re the same thing!). And, outside of the Fifth Circuit, where the majority seems to believe Trump should get whatever he wants, this steady stream of judicial rejections continues.

Yet another class-action suit alleging the wholesale violation of Constitutional rights has resulted in a ruling siding with the Constitution. This case is one of several being handled by the ACLU. This particular one originates in Nevada, which at least keeps it out of the hands of the Fifth Circuit. (Unfortunately, the administration knows who’s buttering its bread, which is why detainees are often shipped immediately to detention centers in Texas and Louisiana.)

The administration has only a single argument to present in its defense of its unconstitutional mandatory detention activities. It involves selectively quoting two related (yet distinct!) immigration statutes and pretending that 1+1=whatever the fuck we say it does.

One of the most concise explanations of the administration’s deliberate misreading of these statutes was delivered by Judge Dale Ho of the Southern District of New York last year. The government wants to pretend people who encounter immigration agents while crossing the border are indistinct from migrants who have already been in this country for weeks, months, or years. They’re not the same thing, but the administration insists they are, despite having only convinced the Fifth Circuit that the laws don’t actually say the things they say.

Given that detention under § 1225(b)(2) is essentially mandatory and that detention under § 1226(a) is largely discretionary, it follows that whichever statute Mr. Lopez Benitez is subject to is potentially dispositive here. That is, if Mr. Lopez Benitez was detained as a noncitizen “seeking admission” to the country under § 1225(b)(2) (as Respondents argue), his detention would be mandatory. If, instead, he was detained as a noncitizen “already in the country” under § 1226(a), then his detention is discretionary and he would be, at a minimum, entitled to an appeal before an immigration judge.

To be sure, the line between when a person is “seeking admission” as opposed to being “already in the country” is not necessarily obvious. For instance, someone who has just crossed the border may technically be “in” the country but is still treated as “an alien seeking initial entry.” Thuraissigiam, 591 U.S. at 114, 139 (holding that a noncitizen detained “within 25 yards of the border” is treated as if stopped at the border). But there is no dispute that the provisions at issue here are mutually exclusive—a noncitizen cannot be subject to both mandatory detention under 1225 and discretionary detention under § 1226, a point that Respondents conceded.

These are not the same thing. Section 1226 deals with people already in the country, who are given Constitutional protections. Section 1225 deals with people crossing the border who are met immediately by immigration agents, who don’t have access to the same due process rights.

As the court points out in this case, the language of the statutes makes it clear Section 1225 is “temporally and geographically limited to the border” by other language contained in the Immigration and Nationality Act (INA). The government, however, wants to pretend it’s indistinct from Section 1226, which deals with people who are already in the country and have been there for a significant amount of time.

The only way the government can present its defense of indefinite detention of migrants without bond hearings is to twist the wording of both statutes. The Nevada court [PDF] isn’t going to let that happen. It calls out Trump’s DOJ for its cut-and-paste antics.

The government contends that the plain language of § 1225(b)(2) requires DHS to detain all noncitizens like Plaintiffs, who are present in the U.S. without admission or parole and subject to removal proceedings, regardless of how long they have been in the country or how far from the border they are apprehended. But this Court finds that the government reads § 1225(b)(2 (A) as a fragment of statutory text in isolation.

Context matters. The government knows this, which is why its arguments remove the parts of the law it wants to use from the context that indicates its actions are illegal.

The Court finds the government’s reading of the statutory text inapposite for severalreasons. First, the government distorts the statutory text, including terms of art specially defined by Congress. Second, the government isolates and abstracts the phrases it favors in § 1225(b)(2)(A) from their context within § 1225 and the statutory scheme, while rendering language it finds inconvenient within § 1225(b)(2)(A) both contrary to ordinary meaning and needless surplusage. Finally, the government’s interpretation unnecessarily renders provisions of § 1226(c) superfluous in all but the rarest cases, unjustifiably construes Congress’ addition of § 1226(c)(1)(E) through the 2025 Laken Riley Act to be utterly ineffectual, and creates unnecessary tension between the relevant provisions, §§ 1225 and 1226.

This is what it looks like when you know you can’t win on the merits. This is the government pretending the law says what it wants it to say and hoping to slip it past a judge and under the skirts of Lady Liberty.

Courts aren’t as dumb as the Trump administration hopes. Let’s look at the statutes, the court says, but the whole thing rather than just the things the government thinks might be usable.

The Court cannot accept such a fraught interpretation when a reading devoid of such conflict, which gives each statutory phrase and section independent meaning and force, is far more plausible.

What follows is a few dozen pages making everything summarized above granular and specific. And if Trump doesn’t like it, he can always ask the legislators he treats as extraneous to rewrite the law in his favor. Take it up with Congress if you don’t like the way the law is actually written, the court says without actually saying it:

[E]ven with regards to removal proceedings as opposed to custody determinations, Congress explicitly reflected its understanding of longstanding due process precedent that recognizes the more substantial due process rights of noncitizens already present and residing in the U.S. compared to the minimal rights of noncitizens seeking to enter.

Even a Congress loaded with MAGA bitchboys isn’t going to be able to erase Constitutional protections for migrants no one really seemed to have a problem with until white Christian nationalists took over the West Wing (on two non-consecutive occasions). The current Congress is merely an afterthought in service to Federalist Society theories of unitary executive power — something that surely won’t come back to haunt them when America decides it’s time to hand the reins to the opposition party.

And that’s not all of the bad news for Trump and his enablers. The due process thing is already a known issue and one that has resulted in hundreds of losses for the administration’s lawyers. This court also points out the Fourth Amendment implications of its actions. While this doesn’t necessarily create the sort of precedent that would shut down the DHS’s extremely creative interpretation of the Constitution, it will provide plenty of citation pull-quotes for litigants challenging ICE’s warrantless arrests and home entries.

[N]o administrative warrant requirements exist in the text of § 1225(b)(2)(A) or its implementing regulations. The government’s interpretation of that provision as geographically unlimited is thus in tension with the application of the Fourth Amendment within the country’s interior, which “requires that immigration stops must be based on reasonable suspicion of illegal presence, stops must be brief, arrests must be based on probable cause, and officers must not employ excessive force.”

I’m sure this quotation of Justice Kavanaugh’s concurrence in Trump v. Illinois is deliberate. The guy behind “Kavanaugh stops” (TL;DR: looking foreign is probable cause when it comes to immigration enforcement) is being directly quoted to reject the government’s reliance on administrative warrants to bypass the Constitution. [Chef’s kiss gesture.]

Great stuff. But, as always, tempered by the realization that this administration will not stop doing illegal things just because a court has directly told them these actions are illegal. The old equation — asking forgiveness > asking permission — doesn’t really apply. This administration will do neither. It will simply DO until it becomes impossible to continue.

Don’t let that discourage you, though. Even if the co-equal branches don’t seem to be living up to the “checks and balances” hype, we’re a nation of millions spread across a considerable number of square miles. They can’t take us all at once.

Filed Under: 14th amendment, bigotry, dhs, due process, ice, mass deportation, nevada, trump administration
Companies: aclu

Whoops: Russia’s Attempt To Block VPNs Causes Major Banking Failure

(Mis)Uses of Technology

from the whoops-a-daisy dept

VPNs (when integrity is maintained and the owners aren’t sleazy scammers) have long been the mortal enemy of shitty, surveillance-happy governments.

And when shitty, surveillance-happy governments try to block or degrade the use of VPNs, bad things can happen. As Russia found out recently when a ham-fisted effort to block VPN users from accessing Telegram resulted in a massive outage for online banking across the entire country.

Last February Russia tried to delete WhatsApp and Telegram from its version of the internet in the hopes of driving Russians to Max, the country’s approved “everything app.” Max has no encryption or privacy protections, making it easier for Vladimir Putin’s government to engage in mass surveillance of the public’s online activities.

VPN use makes that harder. An estimated 50 million Russians still use VPNs to access Telegram, according to CEO Pavel Durov (happily posting away over at Elon Musk’s right wing propaganda website):

So last May, Russia’s Digital Minister Maksut Shadayev announced an effort to “reduce VPN ​usage.” But Durov says those efforts have been a broad failure, recently resulting in a massive outage (Bloomberg paywalled, Gizmodo alternative) for all online banking apps in Russia:

“But amid its effort to weaken VPNs on Friday, according to Bloomberg, accounts from “The Bell and other Russian media” banking apps were disrupted. This disruption might have been, “caused by an overload in the filtering systems run by Russia’s communications watchdog, according to the reports,” Bloomberg explained, “with experts warning that major restrictions risk undermining network stability.”

Something similar happened in 2018. Whoops. Apparently the Russian government was so eager to ban VPNs, they erroneously targeted IP addresses tied to banking infrastructure owned by Sberbank, VTB, and T-Bank, demonstrating the fragile nature of centralized financial infrastructure. The outage briefly made mobile payment apps unusable, making cash the only viable transaction option for part of a day.

Given that shitty autocratic governments (like our own) are incapable of learning anything useful from experience, you can expect the problem to repeat itself.

Filed Under: autocracy, banking, bans, freedom, outage, russia, spying, surveillance, vpns
Companies: telegram

Funniest/Most Insightful Comments Of The Week At Techdirt

Techdirt

from the so-you-say dept

This week, we’ve got a double-winning comment from Shannon Vanshoon that took first place on the insightful side and second place on the funny side. It’s a response to a particular passage in our post about the scammy AI company that fooled the New York Times:

Or in other words…

“So to my friends and family members wondering why I haven’t built my own billion-dollar AI company: apparently the missing ingredient wasn’t AI — it was being willing to run a deepfake-powered spam operation selling potentially inert pills to desperate people.“

Or, to quote my partner, ‘I’d be rich if I was just a little more evil.’

In second place on the insightful side, it’s a comment from Thad about the depths of dysfunction in American government and beyond:

I forget who said it, but I once saw it framed as “If you want to know whether this is a Trump problem or a GOP problem, consider that the two most pro-Trump justices on the Supreme Court were appointed by the Bushes.”

That comment was a reply to Heart of Dawn‘s comment raising the subject, so we’ll start with that comment for our first editor’s choice on the insightful side:

What gets me is not the pedophile war monger’s unhinged rant, crashing of the global economy, or taking a sledgehammer to America’s status as an ally to the West and a global superpower- it’s that despite all this, he still has full support of Congress, the Supreme Court, and 30% of the US population.

The country has a rot to it’s very core that won’t be removed by ousting Trump alone.

Next, it’s an anonymous comment about the limits of the DMCA and the companies that go beyond them:

But, as bad as the law is, it doesn’t actually allow for takedowns of references to copyright infringement (unless perhaps judges invented such a requirement via case law). Google apparently chose to allow people to use notices that way, despite a lack of any legal basis. And other search engines kind of copied from them. Maybe the film companies applied pressure as advertisers.

By contrast, in the old days, I don’t think anyone ever had their phone number removed from the phone book, or disconnected altogether, based purely on unproven accusations of illegal activity (like maybe a video store that was a little shady regarding copyright law). I’m not sure that was even an option after a court found someone guilty or liable.

Over on the funny side, our first place winner is MrWilson with another comment about Medvi and the New York Times:

I’m half expecting an announcement that Elizabeth Holmes has endorsed MEDVI from her cell and is being given a seat on the board.

We’ve already had our second place funny winner above, so we’ll head straight on to the editor’s choice, starting with That One Guy and a comment passing on a famous book passage that suits Congress’s latest attempt to put the law behind a paywall:

‘Publicly acessible’ doesn’t mean ‘Publicly accessible in a usable format’

And the bill is sneaky about it: it includes a provision requiring that incorporated standards be made “publicly accessible online,” which the bill’s supporters point to as proof of their commitment to transparency.

” …You hadn’t exactly gone out of your way to call attention to them had you? I mean like actually telling anyone or anything.’

‘But the plans were on display…’

‘On display? I eventually had to go down to the cellar to find them.’

‘That’s the display department.’

‘With a torch.’

‘Ah, well the lights had probably gone.’

‘So had the stairs.’

‘But look you found the notice didn’t you?’

‘Yes,’ said Arthur, ‘yes I did. It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying “Beware of The Leopard”.’ –Hitchhiker’s Guide To The Galaxy, Douglas Adams.

Finally, because someone had to say it, it’s an anonymous comment about the prosecutors who are still trying to convict a 62-year-old woman for wearing a 7-foot-tall inflatable penis costume to a protest:

Somehow isn’t the biggest dick of this story.

That’s all for this week, folks!

Game Jam Winner Spotlight: As I Lay Flying

Culture

from the gaming-like-it's-1930 dept

It’s time for the third in our series of spotlight posts looking at the winners of our eighth annual public domain game jam, Gaming Like It’s 1930! We’ve already covered the Best Adaptation and Best Deep Cut winners, and this week we’re looking at the winner of Best Visuals: As I Lay Flying by Geouug.

In a first for these game jams, Geouug is a double winner, having taken the prize in two different categories with two different games. As I Lay Flying is the more ambitious submission of the two: it’s a challenging physics-based game based on William Faulkner’s 1930 novel As I Lay Dying, which tells the story of the Bundren family’s effort to return their recently deceased aunt’s body to her hometown. In the book, it’s a journey of diverse trials and tribuilations; in the game, it’s a slapstick adventure about launching a wagon through the sky.

It’s a fun if slightly finnicky challenge that’s easy to understand but hard to master. There’s more than just the core physics gameplay too: progressing requires purchasing upgrades using the money you earn with each attempt, and the selection of these upgrades is crucial to finishing each stage.

The resource management layer turns As I Lay Flying into a complete game, and it was a strong competitor for Best Digital Game. But even more than that, the game stands out for its graphical ambition, completeness, and attention to detail. Everything is designed to fit into the style and setting, and no interface element is left plain and generic: they are rendered in wood and paint and cloth, with little touches like period-appropriate stamps to mark purchased upgrades. During the main gameplay there are parallax-scrolling backgrounds and physics-based animation of the wagon and its occupants, and the levels are bookended by dialogue and narration scenes illustrated with photos and original character portraits.

Though most of the graphics are composed of very simple pieces (stock grass textures and vector tree silhouettes abound), the whole is much greater than the sum of its parts. No corners are cut and nothing feels overlooked. For achieving such a comprehensive graphical style that ties together every element of the game, and with some fun gameplay to boot, it’s this year’s winner for Best Visuals.

Congratulations to Geouug for the win! You can play As I Lay Flying in your browser on Itch. We’ll be back next week with another winner spotlight, and don’t forget to check out the many great entries that didn’t quite make the cut. And stay tuned for next year, when we’ll be back for Gaming Like It’s 1931!

Filed Under: game jam, games, gaming, gaming like it's 1930, public domain, winner spotlight

NVIDIA’s DLSS 5 Demo Video Briefly Taken Down Because YouTube’s Take Down Process Sucks

Copyright

from the the-italian-job dept

Last month, we discussed NVIDIA’s demo video for its forthcoming DLSS 5 technology and the controversy surrounding it. While I’m going to continue to be of the posture that an injection of nuance is desperately needed in the reaction to AI tools and the like, our comments section largely disagreed with me on that post. That’s cool, that’s what this place is for, and I still love you all.

But this post is not about DLSS 5. Rather, it’s about the video itself and how it was briefly taken down over automated copyright claims thanks to an Italian news channel. Please note that the source material here was written while the video was still down, but it has since been restored.

And now, here we are in April, and NVIDIA’s DLSS 5 announcement trailer is no longer available to watch on YouTube on the company’s official GeForce channel. And no, it’s not because NVIDIA is responding to the feedback and retooling the technology for a re-reveal or re-announcement; it’s now blocked on “copyright grounds.”

A clear mistake, but also one that highlights the limitations of Google’s automated system for YouTube. Apparently, the Italian television channel La7 included footage from the DLSS 5 reveal in a recent broadcast and has since copyrighted it. From there, essentially every video on YouTube with DLSS 5 trailer footage was issued a copyright strike and said to be in violation, with the videos taken down with the following message: “Video unavailable: This video contains content from La7, who has blocked it in your country on copyright grounds.”

Yes, this was clearly a mistake. But it’s a mistake that I’m frankly tired of hearing about, all while Google does absolutely nothing to iterate on its copyright process and systems to mitigate such mistakes. The examples of this very thing are so legion as to be laughable. Whether due to error or due to malicious intent, videos that include content from other videos for the purposes of reporting and commentary, which are then copyrighted and result in takedowns of the source material, happens all the damned time.

This is almost certainly all automated, which means there are no human eyes looking for an error in the flagging of a copyright violation. It just gets tagged as such and taken down. And, no, the irony is not lost on me that we need human eyes to keep an automated copyright takedown on a video about AI from occurring.

What makes this alarming is that the video was taken down with seemingly no human interaction or input, as it’s clear that NVIDIA not only created DLSS 5, for better or worse, but also the trailer that has been a hot topic of discussion this year. We’re assuming this will be resolved fairly quickly. Still, it will be interesting to see whether YouTube responds to this case and claims that false copyright infringement notices like this are prevalent on the platform.

Google hasn’t been terribly interested in commenting on the plethora of cases like this in the past, so I strongly doubt it will now. Which is a damned shame, honestly, because the company really should be advocating for all of the users on its platform, if not especially those that are negatively impacted by this haphazard process.

But, for now, the video is back, so you can go hate-watch it again if you like.

Filed Under: copyright, dlss 5, geforce, takedowns, video games
Companies: la7, nvidia, youtube

Trump’s Two-Faced AI Policy 

Failures

from the it's-all-about-power dept

The Trump administration’s AI policy is two-faced, torn between deregulation and despotism.

In March, the administration released its National AI Legislative Framework, directing Congress to “prevent the United States government from coercing technology providers, including AI providers, to ban, compel, or alter content based on partisan or ideological agendas.” This policy against government interference with AI is consistent with the administration’s purported light-touch approach to regulating the technology—but contrary to its recent actions.

In February 2025, Vice President Vance denounced “excessive regulation of the AI sector,” endorsing a “deregulatory flavor” of AI policy. Several months later, the administration released its AI Action Plan, pledging to “dismantle unnecessary regulatory barriers” and “onerous regulation.”

At first, the Trump administration followed through on this deregulatory promise. Three days into his second term, President Trump revoked an Executive Order from President Biden which established a government-wide effort to regulate and guide the development of the AI industry. Next, as directed by President Trump’s AI Action Plan, the Office of Science and Technology Policy initiated a proceeding to identify federal rules and regulations “that unnecessarily hinder” AI in order to implement “regulatory reform” and “promote” the technology. Last December, the Federal Trade Commission, led by two Trump appointees, set aside a Biden-era enforcement action against Rytr, an AI-powered writing assistant. The FTC explained that, “after reviewing the final order in response to President Trump’s AI Action Plan,” it concluded “the order unduly burdens innovation in the nascent AI industry.”

Despite the laissez-faire gesturing, however, the administration demonstrates a tyrannical impulse to control AI. In the same breath as denouncing excessive regulation, Vice President Vance demanded that “AI must remain free from ideological bias.” President Trump’s AI Action Plan echoed this command, directing AI companies to design their models “to pursue objective truth rather than social engineering agendas.” This rhetoric elides the fact that the First Amendment bars the government from deciding what constitutes “truth.”

In recent months, the administration has sought to exert control over the industry under the guise of combatting so-called “woke AI.” Last July, President Trump issued an Executive Order on Preventing Woke AI in the Federal Government, prohibiting government procurement of AI models unless they are ideologically “neutral,” i.e., “nonpartisan tools that do not manipulate responses in favor of ideological dogmas such as DEI.” In January, Secretary of Defense Hegseth issued a memo instructing the Department of Defense to “utilize models free from usage policy constraints” and banning the DoD from “employ[ing] AI models which incorporate ideological ‘tuning.’”

The memo set the stage for the ongoing dispute between the administration and Anthropic, an American AI company. In July 2025, the DoD contracted with Anthropic to deploy its AI models for national security applications like intelligence analysis, modeling and simulation, operational planning, and cyber operations. In the contract, Anthropic stipulated that the government could not use its models for mass domestic surveillance or to power fully autonomous weapons—arguably violating Hegseth’s rule against usage constraints.

Consequently, in late February, Hegseth threatened to cut ties with Anthropic unless the company allowed the military to use its AI for “all lawful purposes.” When Anthropic refused, President Trump directed federal agencies to “IMMEDIATELY CEASE all use of Anthropic’s technology,” deriding the firm as “A RADICAL LEFT, WOKE COMPANY.” He threatened to “use the Full Power of the Presidency to make [Anthropic] comply, with major civil and criminal consequences to follow.”

The DoD then designated Anthropic a “supply chain risk” under the Federal Acquisition Supply Chain Security Act of 2018, defined as an entity that “may sabotage, maliciously introduce unwanted function, extract data, or otherwise manipulate” the technology it provides “so as to surveil, deny, disrupt, or otherwise manipulate” the use of the technology or the “information stored or transmitted” thereon. The government has never applied this designation to a U.S. company; it is typically reserved for foreign intelligence agencies, terrorists, and hostile actors. As a result, Anthropic may not provide products or services to the DoD, and contractors may not use its products while working on DoD projects. 

On March 9, Anthropic sued the administration in federal court, challenging the designation and seeking an injunction blocking its implementation. The company pleaded that the Trump administration has “harm[ed] Anthropic irreparably,” jeopardizing public and private contracts and costing it “hundreds of millions of dollars in the near-term,” as well as attacking “Anthropic’s reputation and core First Amendment freedoms.”

On March 26, the District Court for the Northern District of California sided with Anthropic and granted a preliminary injunction barring a variety of federal agencies from terminating their contracts. The court also blocked the DoD and Hegseth from implementing the supply chain risk designation. U.S. District Judge Rita Lin observed that the Trump administration is “punishing Anthropic for bringing public scrutiny to the government’s contracting position,” which “is classic illegal First Amendment retaliation.” Last week, the administration appealed the ruling to the Ninth Circuit.

Hegseth accused Anthropic of “duplicity,” but it is the Trump administration that has been duplicitous about its approach to AI. Despite championing deregulation, the administration has weaponized the federal government to punish an American AI company for refusing to bend to its will. Abusing the government procurement process to crush domestic AI firms is the opposite of light-touch regulation.

Judge Lin described the Trump administration’s actions against Anthropic as “Orwellian.” The administration has shown its ugly side on AI, and it looks a lot like tyranny. 

Andy Jung is associate counsel at TechFreedom, a nonprofit, nonpartisan think tank focused on technology law and policy.

Filed Under: ai, ai policy, defense department, dod, donald trump, free market, pete hegseth

AI And Cybersecurity: A Glass Half-Empty/Half-Full Proposition, Where The Glass Is Holding Nitroglycerin

(Mis)Uses of Technology

from the yikes dept

First, some of the good news: certain AI models—currently Anthropic’s Mythos, but surely others are well on their way if they haven’t already arrived—turn out to be really good at finding cybersecurity vulnerabilities. As Anthropic itself reported:

During our testing, we found that Mythos Preview is capable of identifying and then exploiting zero-day vulnerabilities in every major operating system and every major web browser when directed by a user to do so. The vulnerabilities it finds are often subtle or difficult to detect. Many of them are ten or twenty years old, with the oldest we have found so far being a now-patched 27-year-old bug in OpenBSD—an operating system known primarily for its security.

That’s quite the tool, if it can help find vulnerabilities so that they can be patched.

But it’s also quite the tool to help find vulnerabilities so that they can be exploited. Like so many tools, including technological tools, whether they are good or bad depends entirely in how they are used. A hammer is a really helpful tool for building things, but it also smashes windows. And with this news, AI now has the capability for some really destructive uses.

To try to prevent them, Anthropic is working with some of the largest tech companies in the world to let them use a preview of its model on their own software to help QA them and proactively patch vulnerabilities. As Casey Newton reports:

Anthropic announced Mythos alongside Project Glasswing, an initiative with more than 40 of the world’s biggest tech companies that will see Anthropic grant early access to the model to find and patch vulnerabilities across many of the world’s most important systems. Launch partners in the coalition include Apple, Google, Microsoft, Cisco and Broadcom.

They’ll be tasked with scanning and patching their own systems along with the critical open-source systems that modern digital infrastructure depends on. Anthropic is giving participants $100 million in usage credits for Mythos, and donating another $4 million to open-source security efforts.

This sounds like a great program. It also should be noted that the Mythos model is not consumer-grade AI; it takes expensive, dedicated infrastructure to run, which means that, at least for the moment, there’s not an imminent danger of it being misused. But trouble is nevertheless brewing, and someday it will be here, which raises certain questions, like:

(A) What about other AI models, which will inevitably be similarly powerful? What if they are produced by less ethical companies, who would have no compunction against rogue actors using their systems in destructive ways that Project Glasswing won’t have intercepted?

(B) And what about every single legacy technology system in use, which Project Glasswing is unlikely to be able to retroactively fix? Large, resourced companies may be able to weather the on-coming storm, but what about your local dentist office? Or a hospital? Municipal IT systems? Networked technology is everywhere, and these smaller businesses and institutions are likely to both have older, unpatched technology and also fewer resources to update and secure them, or deal with the consequences of a hack, which can be devastating for the business or the people they serve.

On the other hand, there does seem to be one other bit of good news with this revelation: governments, including that of the United States, have often engaged in the dubious practice of hording zero-days, or collecting information about vulnerabilities that they then kept secret so that they could exploit them themselves by using them on an adversary. For those unfamiliar, “zero-day” refers to a vulnerability that has yet to be disclosed, which is why it’s on “day zero,” or before the first day of it being a known vulnerability that could now be fixed.

Mythos’s capabilities would seem to obviate this strategy, because suddenly the stash of unknown vulnerabilities isn’t really going to be such a secret, since anyone using the model will be able to find them. Mythos’s existence changes the balance of interests, where the stronger national security play by the government would be to disclose any discovered vulnerability to the vendor as soon as possible so that they can be patched and our nation’s systems more secured. Arguably that was always the better national security play, but now there’s definitely no upside to trying to keep them secret because it now definitely needs to be presumed that adversaries will be able to find and exploit them. They’ll have the tools.

With these AI models we’re going to need to presume that everyone is going to have the tools to know about every vulnerability. Up to now there has been at least the illusion of some security, because vulnerabilities couldn’t be exploited if no one knew about them, and finding vulnerabilities is hard. But now that it will be easy, the risk to the nation’s cybersecurity is greater than we have ever before contended with.

It is also not really a great harbinger that we know about Mythos because… a copy of the software got leaked. It’s just the software that was leaked and not the models it uses to tune its “reasoning,” which means that anyone trying to now build their own Mythos is still missing an important piece if they want to mimic its full capabilities, but they would have a lot. Which is probably why Anthropic has been sending DMCA takedown notices to have the leaked software removed from the Internet.

But doing so raises a related issue: the role of copyright law when it comes to “vibe coding,” or “having an AI system write the software rather than a programmer, just by instructing it on what to do. It’s especially important in light of the cybersecurity concerns always raised by software (and including vibe-coded software, as we’re having to trust that what’s produced does not have vulnerabilities). Copyright requires a human author, which raises the question: can software written by an AI be copyrightable? The answer would appear to be no, unless there was a great deal of creative effort on the part of a human being to instruct the AI or modify the output. But as Ed Lee chronicled, per Anthropic itself, even its own software (“pretty much 100%”) is being written by AI. And if that’s the case, then Anthropic has no business sending takedown notices for its software because DMCA takedown notices are only for demanding the removal of copyrighted works, which, it would appear, Anthropic’s own code does not qualify for.

But maybe it’s better if software stops being subject to copyright. “Vibe coding,” is becoming increasingly efficient, to the point that there is likely no need for copyright to incentivize its authorship. Instead, what public policy really needs to emphasize is that whatever software is produced is secure software. But in many ways copyright obstructs that goal, like through its lengthy terms, which mean that while a copyright holder might not still be maintaining its older software, no one else can maintain and patch it either, without potentially infringing the software’s copyright.  Or through its privileged secrecy (unusually for copyright, when it comes to software you don’t actually have to disclose all the actual code to register a copyright in it!) and other powers to lock out security research efforts, like through Section 1201 of the DMCA, when such efforts aren’t specifically supported by the developer–assuming the developer supports any security testing at all, as right now there aren’t necessarily the incentives to make them care about it.  Instead public policy has given them the ability, like with copyright, to escape oversight of the security of their software products, even as those products end up embedded in more and more of our lives.

It’s time to change that focus and get copyright out of the way of making software security our top policy priority.

And fast.

Filed Under: ai, claude, claude code, copyright, cybersecurity, mythos, project glasswing, vulnerabilities, zero days
Companies: anthropic

Daily Deal: Luminar Mobile for iOS And Android

Deals

from the good-deals-on-cool-stuff dept

Luminar Mobile is your all-in-one creative companion designed for iOS, Android OS, and Chrome OS. Powered by an intuitive, touch-responsive interface, it lets you enhance photos effortlessly—anytime, anywhere. Whether you’re adjusting lighting, perfecting portraits, or adding artistic flair, Luminar Mobile delivers pro-level results in the palm of your hand. It’s on sale for $20.

Note: The Techdirt Deals Store is powered and curated by StackCommerce. A portion of all sales from Techdirt Deals helps support Techdirt. The products featured do not reflect endorsements by our editorial team.

Filed Under: daily deal

No Surprise Here: Inspection Reveals Dozens Of Violations In El Paso ICE Detention Center

Failures

from the fuck-em-for-being-human-beings,-I-guess dept

I’m not here to cut the Trump administration any slack or engage in both-sides bullshit, but this is something that has always been true: we treat anyone imprisoned or detained as less than human. The dehumanization begins with something we call “processing” — a word that separates a human from their humanity by making them sound like nothing more than paperwork.

The horrors seen in jails and prisons are often compounded at immigrant detention facilities. While some duty of less-than-minimal care might be extended to imprisoned US citizens, it’s far more often ignored when federal officers believe (mistakenly) that migrants aren’t protected by the Constitution.

The litany of violations stretches back forever. Techdirt doesn’t stretch back quite that far, but let’s take a stroll down memory lane.

From 2022, back when Biden was still in office and people like me were thinking no one would ever elect Trump to office again:

ICE’s ‘Fierce Commitment’ To Ensuring Detainees Are Cared For Properly Includes Inadequate Staffing, Unsanitary Facilities

That’s taken from a report demanding (“Management Alert”) the immediate removal of all detainees from this New Mexico detention center due to numerous violations, including a shortage of 112 employees and no less than 83 cells with “inoperable” sinks and toilets.

Going back further to Trump’s first administration:

Report Shows ICE Almost Never Punishes Contractors Housing Detainees No Matter How Many Violations They Rack Up

In this Inspector General’s report, we learned that only 28 of 106 contractors were provided with the tools needed to meet minimum “performance standards.” We also learned that the $3.9 billion being thrown to private contractors was shored up by absolutely no level of accountability. ICE approved 96% of waivers requested by contractors who failed to meet minimum housing standards for detainees.

While it’s been a persistent problem, things are significantly worse now. The Trump administration is detaining more migrants than ever before. It’s also far more willing to pawn these duties off on private prison contractors who prioritize making money over taking care of the people thrust into their care by Trump’s top bigots.

On top of that, the administration is fighting wars on several litigation fronts in hopes of preventing any form of oversight from slowing its roll towards total migrant annihilation. Everything that was bad before is getting so much worse.

Thanks to the White House Merchant of Death, RFK Jr., measles outbreaks are being reported at detention facilities. Thanks to absolutely every-fucking-body else in the administration, reports of inhumane conditions are somehow still on the rise, even after years of regularly reported inhuman conditions at ICE facilities.

Here’s even more. At a facility where guards were caught setting up suicide “death pools” for inmates, more evidence of deliberate cruelty and inhumane treatment has surfaced. The host of ongoing atrocities is none other than Camp East Montana, comfortably nestled in the heartland of the “who gives a fuck about immigrants” Fifth Circuit: El Paso, Texas.

Here’s the New York Times with the details of more man’s inhumanity to man, as personified by “immigration enforcement” forces of Trump’s second term.

An inspection in February of Camp East Montana in Texas, one of the country’s largest immigration detention centers, found dozens of violations of national standards, including instances that may have exposed detainees to illnesses and uses of force that were not documented, a new report found.

[…]

The inspection, which was carried out by the agency over three days in February and included interviews with 49 detainees, found that there were at least 49 overall “deficiencies” from national standards at the camp. Of all the deficiencies, 22 involved use of force and restraints, and five involved issues related to medical care. 

ICE actually released this inspection report. However, it did make sure names were changed redacted to protect the innocent guilty. While it’s uncharacteristically protective of the inspectors, it also makes sure we may never know which “Creative Corrections” employees helped make this detention center the hell hole it is.

Other censorship by the administration deliberately denies Americans access to the facts. What possible purpose is served here, other than allowing the government to pretend its rights violations were somehow excused by the [redacted] passage of time?

The government not only censored the number of detainee files reviewed, but also the ratio of files in noncompliance. What escapes ICE’s black-boxed attempts to redeem itself is this, which is plenty damning on its own:

[I]nitial classification process and initial housing assignments were not completed within 12 hours of detainees’ admission […]; rather they were completed 14 hours to 25 days after [admission]…

Everything that might show how often (or how frequently) violations occurred has been removed. It’s a deliberate muddying of the statistical waters. Who knows what’s behind the black box? It could mean rights were violated 10% of the time. Or it could mean rights were violated almost every time. But we the people — you know, the ones expected to foot the bill for this bullshit — aren’t allowed to know the actual details of what’s being done in our names.

If the government wants to play it that way, fine. We’ll just assume the worst and dare it to provide evidence to the contrary. And we know it never will. If or when the government decides to unredact this report, it will undoubtedly show us what we’ve always assumed: The administration and its contractors routinely abused detainees and violated their rights because the people in charge made it clear they don’t consider migrants to be humans.

And that makes this news as inevitable as it is deplorable:

So far this year, 14 people have died in U.S. Immigration and Customs Enforcement custody, including a Mexican man who was found unresponsive last week at a facility outside Los Angeles, according to data from the Department of Homeland Security.

If that seems like a low (or worse, an acceptable) number of deaths, think again:

In 2025, ICE reported 33 total in-custody deaths and in 2024 there were 11.

Deaths in ICE custody tripled under Trump during his first year back in office. If this pace continues, we’ll be looking at 56 in-custody deaths, which would nearly double the same number Trump managed to triple in 2025.

This will only get worse. The administration is still trying to buy up any warehouses it can to repurpose as detention centers. The workload is being stretched even thinner, leaving private citizens more poorly trained than current ICE officers in charge of the lives and well-being of thousands of detainees. The misery and death will continue. Unfortunately for us, this administration not only welcomes blood on its hands, but revels in it.

Filed Under: camp east montana, detention centers, dhs, el paso, ice, mass deportation, rights violations, trump administration