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ICE agents using AI ‘may explain the inaccuracy of these reports,’ judge writes, noting a body cam video shows an agent asking ChatGPT for help

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Tucked in a two-sentence footnote in a voluminous court opinion, a federal judge recently called out immigration agents using artificial intelligence to write use-of-force reports, raising concerns that it could lead to inaccuracies and further erode public confidence in how police have handled the immigration crackdown in the Chicago area and ensuing protests.

U.S. District Judge Sara Ellis wrote the footnote in a 223-page opinion issued last week, noting that the practice of using ChatGPT to write use-of-force reports undermines the agents’ credibility and “may explain the inaccuracy of these reports.” She described what she saw in at least one body camera video, writing that an agent asks ChatGPT to compile a narrative for a report after giving the program a brief sentence of description and several images.

The judge noted factual discrepancies between the official narrative about those law enforcement responses and what body camera footage showed. But experts say the use of AI to write a report that depends on an officer’s specific perspective without using an officer’s actual experience is the worst possible use of the technology and raises serious concerns about accuracy and privacy.

An officer’s needed perspective

Law enforcement agencies across the country have been grappling with how to create guardrails that allow officers to use the increasingly available AI technology while maintaining accuracy, privacy and professionalism. Experts said the example recounted in the opinion didn’t meet that challenge.

“What this guy did is the worst of all worlds. Giving it a single sentence and a few pictures — if that’s true, if that’s what happened here — that goes against every bit of advice we have out there. It’s a nightmare scenario,” said Ian Adams, assistant criminology professor at the University of South Carolina who serves on a task force on artificial intelligence through the Council for Criminal Justice, a nonpartisan think tank.

The Department of Homeland Security did not respond to requests for comment, and it was unclear if the agency had guidelines or policies on the use of AI by agents. The body camera footage cited in the order has not yet been released.

Adams said few departments have put policies in place, but those that have often prohibit the use of predictive AI when writing reports justifying law enforcement decisions, especially use-of-force reports. Courts have established a standard referred to as objective reasonableness when considering whether a use of force was justified, relying heavily on the perspective of the specific officer in that specific scenario.

“We need the specific articulated events of that event and the specific thoughts of that specific officer to let us know if this was a justified use of force,” Adams said. “That is the worst case scenario, other than explicitly telling it to make up facts, because you’re begging it to make up facts in this high-stakes situation.”

Private information and evidence

Besides raising concerns about an AI-generated report inaccurately characterizing what happened, the use of AI also raises potential privacy concerns.

Katie Kinsey, chief of staff and tech policy counsel at the Policing Project at NYU School of Law, said if the agent in the order was using a public ChatGPT version, he probably didn’t understand he lost control of the images the moment he uploaded them, allowing them to be part of the public domain and potentially used by bad actors.

Kinsey said from a technology standpoint most departments are building the plane as it’s being flown when it comes to AI. She said it’s often a pattern in law enforcement to wait until new technologies are already being used and in some cases mistakes being made to then talk about putting guidelines or policies in place.

“You would rather do things the other way around, where you understand the risks and develop guardrails around the risks,” Kinsey said. “Even if they aren’t studying best practices, there’s some lower hanging fruit that could help. We can start from transparency.”

Kinsey said while federal law enforcement considers how the technology should be used or not used, it could adopt a policy like those put in place in Utah or California recently, where police reports or communications written using AI have to be labeled.

Careful use of new tools

The photographs the officer used to generate a narrative also caused accuracy concerns for some experts.

Well-known tech companies like Axon have begun offering AI components with their body cameras to assist in writing incident reports. Those AI programs marketed to police operate on a closed system and largely limit themselves to using audio from body cameras to produce narratives because the companies have said programs that attempt to use visuals are not effective enough for use.

“There are many different ways to describe a color, or a facial expression or any visual component. You could ask any AI expert and they would tell you prompts return very different results between different AI applications, and that gets complicated with a visual component,” said Andrew Guthrie Ferguson, a law professor at George Washington University Law School.

“There’s also a professionalism questions. Are we OK with police officers using predictive analytics?” he added. “It’s about what the model thinks should have happened, but might not be what actually happened. You don’t want it to be what ends up in court, to justify your actions.”



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U.S. consumers are so strained they put more than $1B on BNPL during Black Friday and Cyber Monday

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Financially strained and cautious customers leaned heavily on buy now, pay later (BNPL) services over the holiday weekend.

Cyber Monday alone generated $1.03 billion (a 4.2% increase YoY) in online BNPL sales with most transactions happening on mobile devices, per Adobe Analytics. Overall, consumers spent $14.25 billion online on Cyber Monday. To put that into perspective, BNPL made up for more than 7.2% of total online sales on that day.

As for Black Friday, eMarketer reported $747.5 million in online sales using BNPL services with platforms like PayPal finding a 23% uptick in BNPL transactions.

Likewise, digital financial services company Zip reported 1.6 million transactions throughout 280,000 of its locations over the Black Friday and Cyber Monday weekend. Millennials (51%) accounted for a chunk of the sizable BNPL purchases, followed by Gen Z, Gen X, and baby boomers, per Zip.

The Adobe data showed that people using BNPL were most likely to spend on categories such as electronics, apparel, toys, and furniture, which is consistent with previous years. This trend also tracks with Zip’s findings that shoppers were primarily investing in tech, electronics, and fashion when using its services.

And while some may be surprised that shoppers are taking on more debt via BNPL (in this economy?!), analysts had already projected a strong shopping weekend. A Deloitte survey forecast that consumers would spend about $650 million over the Black Friday–Cyber Monday stretch—a 15% jump from 2023.

“US retailers leaned heavily on discounts this holiday season to drive online demand,” Vivek Pandya, lead analyst at Adobe Digital Insights, said in a statement. “Competitive and persistent deals throughout Cyber Week pushed consumers to shop earlier, creating an environment where Black Friday now challenges the dominance of Cyber Monday.”

This report was originally published by Retail Brew.



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AI labs like Meta, Deepseek, and Xai earned worst grades possible on an existential safety index

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A recent report card from an AI safety watchdog isn’t one that tech companies will want to stick on the fridge.

The Future of Life Institute’s latest AI safety index found that major AI labs fell short on most measures of AI responsibility, with few letter grades rising above a C. The org graded eight companies across categories like safety frameworks, risk assessment, and current harms.

Perhaps most glaring was the “existential safety” line, where companies scored Ds and Fs across the board. While many of these companies are explicitly chasing superintelligence, they lack a plan for safely managing it, according to Max Tegmark, MIT professor and president of the Future of Life Institute.

“Reviewers found this kind of jarring,” Tegmark told us.

The reviewers in question were a panel of AI academics and governance experts who examined publicly available material as well as survey responses submitted by five of the eight companies.

Anthropic, OpenAI, and GoogleDeepMind took the top three spots with an overall grade of C+ or C. Then came, in order, Elon Musk’s Xai, Z.ai, Meta, DeepSeek, and Alibaba, all of which got Ds or a D-.

Tegmark blames a lack of regulation that has meant the cutthroat competition of the AI race trumps safety precautions. California recently passed the first law that requires frontier AI companies to disclose safety information around catastrophic risks, and New York is currently within spitting distance as well. Hopes for federal legislation are dim, however.

“Companies have an incentive, even if they have the best intentions, to always rush out new products before the competitor does, as opposed to necessarily putting in a lot of time to make it safe,” Tegmark said.

In lieu of government-mandated standards, Tegmark said the industry has begun to take the group’s regularly released safety indexes more seriously; four of the five American companies now respond to its survey (Meta is the only holdout.) And companies have made some improvements over time, Tegmark said, mentioning Google’s transparency around its whistleblower policy as an example.

But real-life harms reported around issues like teen suicides that chatbots allegedly encouraged, inappropriate interactions with minors, and major cyberattacks have also raised the stakes of the discussion, he said.

“[They] have really made a lot of people realize that this isn’t the future we’re talking about—it’s now,” Tegmark said.

The Future of Life Institute recently enlisted public figures as diverse as Prince Harry and Meghan Markle, former Trump aide Steve Bannon, Apple co-founder Steve Wozniak, and rapper Will.i.am to sign a statement opposing work that could lead to superintelligence.

Tegmark said he would like to see something like “an FDA for AI where companies first have to convince experts that their models are safe before they can sell them.

“The AI industry is quite unique in that it’s the only industry in the US making powerful technology that’s less regulated than sandwiches—basically not regulated at all,” Tegmark said. “If someone says, ‘I want to open a new sandwich shop near Times Square,’ before you can sell the first sandwich, you need a health inspector to check your kitchen and make sure it’s not full of rats…If you instead say, ‘Oh no, I’m not going to sell any sandwiches. I’m just going to release superintelligence.’ OK! No need for any inspectors, no need to get any approvals for anything.”

“So the solution to this is very obvious,” Tegmark added. “You just stop this corporate welfare of giving AI companies exemptions that no other companies get.”

This report was originally published by Tech Brew.



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Hollywood writers say Warner takeover ‘must be blocked’

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Hollywood writers, producers, directors and theater owners voiced skepticism over Netflix Inc.’s proposed $82.7 billion takeover of Warner Bros. Discovery Inc.’s studio and streaming businesses, saying it threatens to undermine their interests.

The Writers Guild of America, which announced in October it would oppose any sale of Warner Bros., reiterated that view on Friday, saying the purchase by Netflix “must be blocked.”

“The world’s largest streaming company swallowing one of its biggest competitors is what antitrust laws were designed to prevent,” the guild said in an emailed statement. “The outcome would eliminate jobs, push down wages, worsen conditions for all entertainment workers, raise prices for consumers, and reduce the volume and diversity of content for all viewers.”

The worries raised by the movie and TV industry’s biggest trade groups come against the backdrop of falling movie and TV production, slack ticket sales and steep job cuts in Hollywood. Another legacy studio, Paramount, was sold earlier this year.

Warner Bros. accounts for about a fourth of North American ticket sales — roughly $2 billion — and is being acquired by a company that has long shunned theatrical releases for its feature films. As part of the deal, Netflix co-CEO Ted Sarandos has promised Warner Bros. will continue to release moves in theaters.

“The proposed acquisition of Warner Bros. by Netflix poses an unprecedented threat to the global exhibition business,” Michael O’Leary, chief executive officer of the theatrical trade group Cinema United, said in en emailed statement Friday. “The negative impact of this acquisition will impact theaters from the biggest circuits to one-screen independents.”

The buyout of Warner Bros. by Netflix “would be a disaster,” James Cameron, the director of some of Hollywood’s highest-grossing films in history including Titanic and Avatar, said in late November on The Town, an industry-focused podcast. “Sorry Ted, but jeez. Sarandos has gone on record saying theatrical films are dead.”

On a conference call with investors Friday, Sarandos said that his company’s resistance to releasing films in cinemas was mostly tied to “the long exclusive windows, which we don’t really think are that consumer friendly.”

The company said Friday it would “maintain Warner Bros.’ current operations and build on its strengths, including theatrical releases for films.”

On the call, Sarandos reiterated that view, saying that, “right now, you should count on everything that is planned on going to the theater through Warner Bros. will continue to go to the theaters through Warner Bros.” 

Competition from online outfits like YouTube and Netflix has forced a reckoning in Hollywood, opening the door for takeovers like the Warner Bros. deal announced Friday. Media giants including Comcast Corp., parent of NBCUniversal, are unloading cable-TV networks like MS Now and USA, and steering resources into streaming. 

In an emailed note to Warner Bros. employees on Friday, Chief Executive Officer David Zaslav said the board’s decision to sell the company “reflects the realities of an industry undergoing generational change in how stories are financed, produced, distributed, and discovered.”

The Producers Guild of America said Friday its members are “rightfully concerned about Netflix’s intended acquisition of one of our industry’s most storied and meaningful studios,” while a spokesperson for the Directors Guild of America raised concerns about future pay at Warner Bros.

“We will be meeting with Netflix to outline our concerns and better understand their vision for the future of the company,” the Directors Guild said.

In September, the DGA appointed director Christopher Nolan as its president. Nolan has previously criticized Netflix’s model of releasing films exclusively online, or simultaneously in a small number of cinemas, and has said he won’t make movies for the company.

The Screen Actors Guild said Friday that the transaction “raises many serious questions about its impact on the future of the entertainment industry, and especially the human creative talent whose livelihoods and careers depend on it.”

Oscar winner Jane Fonda spoke out on Thursday before the deal was announced. 

“Consolidation at this scale would be catastrophic for an industry built on free expression, for the creative workers who power it, and for consumers who depend on a free, independent media ecosystem to understand the world,” the star of the Netflix series Grace and Frankie wrote on the Ankler industry news website.

Netflix and Warner Bros. obviously don’t see it that way. In his statement to employees, Zaslav said “the proposed combination of Warner Bros. and Netflix reflects complementary strengths, more choice and value for consumers, a stronger entertainment industry, increased opportunity for creative talent, and long-term value creation for shareholders.”



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