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Victory! Ninth Circuit Limits Intrusive DMCA Subpoenas
The Ninth Circuit upheld an important limitation on Digital Millenium Copyright Act (DMCA) subpoenas that other federal courts have recognized for more than two decades. The DMCA, a misguided anti-piracy law passed in the late nineties, created a bevy of powerful tools, ostensibly to help copyright holders fight online infringement. Unfortunately, the DMCA’s powerful protections are ripe for abuse by “copyright trolls,” unscrupulous litigants who abuse the system at everyone else’s expense.
The DMCA’s “notice and takedown” regime is one of these tools. Section 512 of the DMCA creates “safe harbors” that protect service providers from liability, so long as they disable access to content when a copyright holder notifies them that the content is infringing, and fulfill some other requirements. This gives copyright holders a quick and easy way to censor allegedly infringing content without going to court.
Unfortunately, the DMCA’s powerful protections are ripe for abuse by “copyright trolls”
Section 512(h) is ostensibly designed to facilitate this system, by giving rightsholders a fast and easy way of identifying anonymous infringers. Section 512(h) allows copyright holders to obtain a judicial subpoena to unmask the identities of allegedly infringing anonymous internet users, just by asking a court clerk to issue one, and attaching a copy of the infringement notice. In other words, they can wield the court’s power to override an internet user’s right to anonymous speech, without permission from a judge. It’s easy to see why these subpoenas are prone to misuse.
Internet service providers (ISPs)—the companies that provide an internet connection (e.g. broadband or fiber) to customers—are obvious targets for these subpoenas. Often, copyright holders know the Internet Protocol (IP) address of an alleged infringer, but not their name or contact information. Since ISPs assign IP addresses to customers, they can often identify the customer associated with one.
Fortunately, Section 512(h) has an important limitation that protects users. Over two decades ago, several federal appeals courts ruled that Section 512(h) subpoenas cannot be issued to ISPs. Now, in In re Internet Subscribers of Cox Communications, LLC, the Ninth Circuit agreed, as EFF urged it to in our amicus brief.
As the Ninth Circuit held:
Because a § 512(a) service provider cannot remove or disable access to infringing content, it cannot receive a valid (c)(3)(A) notification, which is a prerequisite for a § 512(h) subpoena. We therefore conclude from the text of the DMCA that a § 512(h) subpoena cannot issue to a § 512(a) service provider as a matter of law.
This decision preserves the understanding of Section 512(h) that internet users, websites, and copyright holders have shared for decades. As EFF explained to the court in its amicus brief:
[This] ensures important procedural safeguards for internet users against a group of copyright holders who seek to monetize frequent litigation (or threats of litigation) by coercing settlements—copyright trolls. Affirming the district court and upholding the interpretation of the D.C. and Eighth Circuits will preserve this protection, while still allowing rightsholders the ability to find and sue infringers.
EFF applauds this decision. And because three federal appeals courts have all ruled the same way on this question—and none have disagreed—ISPs all over the country can feel confident about protecting their customers’ privacy by simply throwing improper DMCA 512(h) subpoenas in the trash.
From Book Bans to Internet Bans: Wyoming Lets Parents Control the Whole State’s Access to The Internet
If you've read about the sudden appearance of age verification across the internet in the UK and thought it would never happen in the U.S., take note: many politicians want the same or even more strict laws. As of July 1st, South Dakota and Wyoming enacted laws requiring any website that hosts any sexual content to implement age verification measures. These laws would potentially capture a broad range of non-pornographic content, including classic literature and art, and expose a wide range of platforms, of all sizes, to civil or criminal liability for not using age verification on every user. That includes social media networks like X, Reddit, and Discord; online retailers like Amazon and Barnes & Noble; and streaming platforms like Netflix and Rumble—essentially, any site that allows user-generated or published content without gatekeeping access based on age.
These laws expand on the flawed logic from last month’s troubling Supreme Court decision, Free Speech Coalition v. Paxton, which gave Texas the green light to require age verification for sites where at least one-third (33.3%) of the content is sexual materials deemed “harmful to minors.” Wyoming and South Dakota seem to interpret this decision to give them license to require age verification—and potential legal liability—for any website that contains ANY image, video, or post that contains sexual content that could be interpreted as harmful to minors. Platforms or websites may be able to comply by implementing an “age gate” within certain sections of their sites where, for example, user-generated content is allowed, or at the point of entry to the entire site.
Although these laws are in effect, we do not believe the Supreme Court’s decision in FSC v. Paxton gives these laws any constitutional legitimacy. You do not need a law degree to see the difference between the Texas law—which targets sites where a substantial portion (one third) of content is “sexual material harmful to minors”—and these laws, which apply to any site that contains even a single instance of such material. In practice, it is the difference between burdening adults with age gates for websites that host “adult” content, and burdening the entire internet, including sites that allow user-generated content or published content.
The law invites parents in Wyoming to take enforcement for the entire state—every resident, and everyone else's children—into their own hands
But lawmakers, prosecutors, and activists in conservative states have worked for years to aggressively expand the definition of “harmful to minors” and use other methods to censor a broad swath of content: diverse educational materials, sex education resources, art, and even award-winning literature. Books like The Bluest Eye by Toni Morrison, The Handmaid’s Tale by Margaret Atwood, and And Tango Makes Three have all been swept up in these crusades—not because of their overall content, but because of isolated scenes or references.
Wyoming’s law is also particularly extreme: rather than provide enforcement by the Attorney General, HB0043 is a “bounty” law that deputizes any resident with a child to file civil lawsuits against websites they believe are in violation, effectively turning anyone into a potential content cop. There is no central agency, no regulatory oversight, and no clear standard. Instead, the law invites parents in Wyoming to take enforcement for the entire state—every resident, and everyone else's children—into their own hands by suing websites that contain a single example of objectionable content. Though most other state age-verification laws often allow individuals to make reports to state Attorneys General who are responsible for enforcement, and some include a private right of action allowing parents or guardians to file civil claims for damages, the Wyoming law is similar to laws in Louisiana and Utah that rely entirely on civil enforcement.
This is a textbook example of a “heckler’s veto,” where a single person can unilaterally decide what content the public is allowed to access. However, it is clear that the Wyoming legislature explicitly designed the law this way in a deliberate effort to sidestep state enforcement and avoid an early constitutional court challenge, as many other bounty laws targeting people who assist in abortions, drag performers, and trans people have done. The result? An open invitation from the Wyoming legislature to weaponize its citizens, and the courts, against platforms, big or small. Because when nearly anyone can sue any website over any content they deem unsafe for minors, the result isn’t safety. It’s censorship.
That also means your personal website or blog—if it includes any “sexual content harmful to minors”—is also at risk.
Imagine a Wyomingite stumbling across an NSFW subreddit or a Tumblr fanfic blog and deciding it violates the law. If they were a parent of a minor, that resident could sue the platform, potentially forcing those websites to restrict or geo-block access to the entire state in order to avoid the cost and risk of litigation. And because there’s no threshold for how much “harmful” content a site must host, a single image or passage could be enough. That also means your personal website or blog—if it includes any “sexual content harmful to minors”—is also at risk.
This law will likely be challenged, and eventually, halted, by the courts. But given that the state cannot enforce it, those challenges will not come until a parent sues a website. Until then, its mere existence poses a serious threat to free speech online. Risk-averse platforms may over-correct, over-censor, or even restrict access to the state entirely just to avoid the possibility of a lawsuit, as Pornhub has already done. And should sites impose age-verification schemes to comply, they will be a speech and privacy disaster for all state residents.
And let’s be clear: these state laws are not outliers. They are part of a growing political movement to redefine terms like “obscene,” “pornographic,” and “sexually explicit” as catchalls to restrict content for both adults and young people alike. What starts in one state and one lawsuit can quickly become a national blueprint.
If we don’t push back now, the internet as we know it could disappear behind a wall of fear and censorship.
Age-verification laws like these have relied on vague language, intimidating enforcement mechanisms, and public complacency to take root. Courts may eventually strike them down, but in the meantime, users, platforms, creators, and digital rights advocacy groups need to stay alert, speak up against these laws, and push back while they can. When governments expand censorship and surveillance offline, it's our job at EFF to protect your access to a free and open internet. Because if we don’t push back now, the internet as we know it— the messy, diverse, and open internet we know—could disappear behind a wall of fear and censorship.
Ready to join us? Urge your state lawmakers to reject harmful age-verification laws. Call or email your representatives to oppose KOSA and any other proposed federal age-checking mandates. Make your voice heard by talking to your friends and family about what we all stand to lose if the age-gated internet becomes a global reality. Because the fight for a free internet starts with us.
Researchers glimpse the inner workings of protein language models
Within the past few years, models that can predict the structure or function of proteins have been widely used for a variety of biological applications, such as identifying drug targets and designing new therapeutic antibodies.
These models, which are based on large language models (LLMs), can make very accurate predictions of a protein’s suitability for a given application. However, there’s no way to determine how these models make their predictions or which protein features play the most important role in those decisions.
In a new study, MIT researchers have used a novel technique to open up that “black box” and allow them to determine what features a protein language model takes into account when making predictions. Understanding what is happening inside that black box could help researchers to choose better models for a particular task, helping to streamline the process of identifying new drugs or vaccine targets.
“Our work has broad implications for enhanced explainability in downstream tasks that rely on these representations,” says Bonnie Berger, the Simons Professor of Mathematics, head of the Computation and Biology group in MIT’s Computer Science and Artificial Intelligence Laboratory, and the senior author of the study. “Additionally, identifying features that protein language models track has the potential to reveal novel biological insights from these representations.”
Onkar Gujral, an MIT graduate student, is the lead author of the study, which appears this week in the Proceedings of the National Academy of Sciences. Mihir Bafna, an MIT graduate student, and Eric Alm, an MIT professor of biological engineering, are also authors of the paper.
Opening the black box
In 2018, Berger and former MIT graduate student Tristan Bepler PhD ’20 introduced the first protein language model. Their model, like subsequent protein models that accelerated the development of AlphaFold, such as ESM2 and OmegaFold, was based on LLMs. These models, which include ChatGPT, can analyze huge amounts of text and figure out which words are most likely to appear together.
Protein language models use a similar approach, but instead of analyzing words, they analyze amino acid sequences. Researchers have used these models to predict the structure and function of proteins, and for applications such as identifying proteins that might bind to particular drugs.
In a 2021 study, Berger and colleagues used a protein language model to predict which sections of viral surface proteins are less likely to mutate in a way that enables viral escape. This allowed them to identify possible targets for vaccines against influenza, HIV, and SARS-CoV-2.
However, in all of these studies, it has been impossible to know how the models were making their predictions.
“We would get out some prediction at the end, but we had absolutely no idea what was happening in the individual components of this black box,” Berger says.
In the new study, the researchers wanted to dig into how protein language models make their predictions. Just like LLMs, protein language models encode information as representations that consist of a pattern of activation of different “nodes” within a neural network. These nodes are analogous to the networks of neurons that store memories and other information within the brain.
The inner workings of LLMs are not easy to interpret, but within the past couple of years, researchers have begun using a type of algorithm known as a sparse autoencoder to help shed some light on how those models make their predictions. The new study from Berger’s lab is the first to use this algorithm on protein language models.
Sparse autoencoders work by adjusting how a protein is represented within a neural network. Typically, a given protein will be represented by a pattern of activation of a constrained number of neurons, for example, 480. A sparse autoencoder will expand that representation into a much larger number of nodes, say 20,000.
When information about a protein is encoded by only 480 neurons, each node lights up for multiple features, making it very difficult to know what features each node is encoding. However, when the neural network is expanded to 20,000 nodes, this extra space along with a sparsity constraint gives the information room to “spread out.” Now, a feature of the protein that was previously encoded by multiple nodes can occupy a single node.
“In a sparse representation, the neurons lighting up are doing so in a more meaningful manner,” Gujral says. “Before the sparse representations are created, the networks pack information so tightly together that it's hard to interpret the neurons.”
Interpretable models
Once the researchers obtained sparse representations of many proteins, they used an AI assistant called Claude (related to the popular Anthropic chatbot of the same name), to analyze the representations. In this case, they asked Claude to compare the sparse representations with the known features of each protein, such as molecular function, protein family, or location within a cell.
By analyzing thousands of representations, Claude can determine which nodes correspond to specific protein features, then describe them in plain English. For example, the algorithm might say, “This neuron appears to be detecting proteins involved in transmembrane transport of ions or amino acids, particularly those located in the plasma membrane.”
This process makes the nodes far more “interpretable,” meaning the researchers can tell what each node is encoding. They found that the features most likely to be encoded by these nodes were protein family and certain functions, including several different metabolic and biosynthetic processes.
“When you train a sparse autoencoder, you aren’t training it to be interpretable, but it turns out that by incentivizing the representation to be really sparse, that ends up resulting in interpretability,” Gujral says.
Understanding what features a particular protein model is encoding could help researchers choose the right model for a particular task, or tweak the type of input they give the model, to generate the best results. Additionally, analyzing the features that a model encodes could one day help biologists to learn more about the proteins that they are studying.
“At some point when the models get a lot more powerful, you could learn more biology than you already know, from opening up the models,” Gujral says.
The research was funded by the National Institutes of Health.
Trump team readies more attacks on mainstream climate science
How Trump’s tax plan for renewables will remake US energy
Trump threatens to use tariffs to derail global climate measure
Biden EPA official challenges legality of DOE climate report
Texas solar manufacturer inks deal for US components
Florida DOGE targets local climate programs
Federal judge refuses to pause California climate disclosure laws ahead of trial
Chicago launches flood-warning system as rainstorms intensify
Breaking down summer’s mosquito-borne diseases
A shape-changing antenna for more versatile sensing and communication
MIT researchers have developed a reconfigurable antenna that dynamically adjusts its frequency range by changing its physical shape, making it more versatile for communications and sensing than static antennas.
A user can stretch, bend, or compress the antenna to make reversible changes to its radiation properties, enabling a device to operate in a wider frequency range without the need for complex, moving parts. With an adjustable frequency range, a reconfigurable antenna could adapt to changing environmental conditions and reduce the need for multiple antennas.
The word “antenna” may draw to mind metal rods like the “bunny ears” on top of old television sets, but the MIT team instead worked with metamaterials — engineered materials whose mechanical properties, such as stiffness and strength, depend on the geometric arrangement of the material’s components.
The result is a simplified design for a reconfigurable antenna that could be used for applications like energy transfer in wearable devices, motion tracking and sensing for augmented reality, or wireless communication across a wide range of network protocols.
In addition, the researchers developed an editing tool so users can generate customized metamaterial antennas, which can be fabricated using a laser cutter.
“Usually, when we think of antennas, we think of static antennas — they are fabricated to have specific properties and that is it. However, by using auxetic metamaterials, which can deform into three different geometric states, we can seamlessly change the properties of the antenna by changing its geometry, without fabricating a new structure. In addition, we can use changes in the antenna’s radio frequency properties, due to changes in the metamaterial geometry, as a new method of sensing for interaction design,” says lead author Marwa AlAlawi, a mechanical engineering graduate student at MIT.
Her co-authors include Regina Zheng and Katherine Yan, both MIT undergraduate students; Ticha Sethapakdi, an MIT graduate student in electrical engineering and computer science; Soo Yeon Ahn of the Gwangju Institute of Science and Technology in Korea; and co-senior authors Junyi Zhu, assistant professor at the University of Michigan; and Stefanie Mueller, the TIBCO Career Development Associate Professor in MIT’s departments of Electrical Engineering and Computer Science and Mechanical Engineering and leader of the Human-Computer Interaction Group at the Computer Science and Artificial Intelligence Lab. The research will be presented at the ACM Symposium on User Interface Software and Technology.
Making sense of antennas
While traditional antennas radiate and receive radio signals, in this work, the researchers looked at how the devices can act as sensors. The team’s goal was to develop a mechanical element that can also be used as an antenna for sensing.
To do this, they leveraged the antenna’s “resonance frequency,” which is the frequency at which the antenna is most efficient.
An antenna’s resonance frequency will shift due to changes in its shape. (Think about extending the left “bunny ear” to reduce TV static.) Researchers can capture these shifts for sensing. For instance, a reconfigurable antenna could be used in this way to detect the expansion of a person’s chest, to monitor their respiration.
To design a versatile reconfigurable antenna, the researchers used metamaterials. These engineered materials, which can be programmed to adopt different shapes, are composed of a periodic arrangement of unit cells that can be rotated, compressed, stretched, or bent.
By deforming the metamaterial structure, one can shift the antenna’s resonance frequency.
“In order to trigger changes in resonance frequency, we either need to change the antenna’s effective length or introduce slits and holes into it. Metamaterials allow us to get those different states from only one structure,” AlAlawi says.
The device, dubbed the meta-antenna, is composed of a dielectric layer of material sandwiched between two conductive layers.
To fabricate a meta-antenna, the researchers cut the dielectric laser out of a rubber sheet with a laser cutter. Then they added a patch on top of the dielectric layer using conductive spray paint, creating a resonating “patch antenna.”
But they found that even the most flexible conductive material couldn’t withstand the amount of deformation the antenna would experience.
“We did a lot of trial and error to determine that, if we coat the structure with flexible acrylic paint, it protects the hinges so they don’t break prematurely,” AlAlawi explains.
A means for makers
With the fabrication problem solved, the researchers built a tool that enables users to design and produce metamaterial antennas for specific applications.
The user can define the size of the antenna patch, choose a thickness for the dielectric layer, and set the length to width ratio of the metamaterial unit cells. Then the system automatically simulates the antenna’s resonance frequency range.
“The beauty of metamaterials is that, because it is an interconnected system of linkages, the geometric structure allows us to reduce the complexity of a mechanical system,” AlAlawi says.
Using the design tool, the researchers incorporated meta-antennas into several smart devices, including a curtain that dynamically adjusts household lighting and headphones that seamlessly transition between noise-cancelling and transparent modes.
For the smart headphone, for instance, when the meta-antenna expands and bends, it shifts the resonance frequency by 2.6 percent, which switches the headphone mode. The team’s experiments also showed that meta-antenna structures are durable enough to withstand more than 10,000 compressions.
Because the antenna patch can be patterned onto any surface, it could be used with more complex structures. For instance, the antenna could be incorporated into smart textiles that perform noninvasive biomedical sensing or temperature monitoring.
In the future, the researchers want to design three-dimensional meta-antennas for a wider range of applications. They also want to add more functions to the design tool, improve the durability and flexibility of the metamaterial structure, experiment with different symmetric metamaterial patterns, and streamline some manual fabrication steps.
This research was funded, in part, by the Bahrain Crown Prince International Scholarship and the Gwangju Institute of Science and Technology.
Plant nutrient acquisition under elevated CO<sub>2</sub> and implications for the land carbon sink
Nature Climate Change, Published online: 18 August 2025; doi:10.1038/s41558-025-02386-y
Elevated atmospheric CO2 has stimulated plant growth, yet the future land carbon sink may be constrained in part by nutrient availability. Here the authors review plant nutrient acquisition strategies and the need for better representation in models to improve predictions of land carbon uptake.Friday Squid Blogging: Squid-Shaped UFO Spotted Over Texas
Here’s the story. The commenters on X (formerly Twitter) are unimpressed.
As usual, you can also use this squid post to talk about the security stories in the news that I haven’t covered.
New Documents Show First Trump DOJ Worked With Congress to Amend Section 230
In the wake of rolling out its own proposal to significantly limit a key law protecting internet users’ speech in the summer of 2020, the Department of Justice under the first Trump administration actively worked with lawmakers to support further efforts to stifle online speech.
The new documents, disclosed in an EFF Freedom of Information Act (FOIA) lawsuit, show officials were talking with Senate staffers working to pass speech- and privacy-chilling bills like the EARN IT Act and PACT Act (neither became law). DOJ officials also communicated with an organization that sought to condition Section 230’s legal protections on websites using age-verification systems if they hosted sexual content.
Section 230 protects users’ online speech by protecting the online intermediaries we all rely on to communicate on blogs, social media platforms, and educational and cultural platforms like Wikipedia and the Internet Archive. Section 230 embodies the principle that we should all be responsible for our own actions and statements online, but generally not those of others. The law prevents most civil suits against users or services that are based on what others say.
DOJ’s work to weaken Section 230 began before President Donald Trump issued an executive order targeting social media services in 2020, and officials in DOJ appeared to be blindsided by the order. EFF was counsel to plaintiffs who challenged the order, and President Joe Biden later rescinded it. EFF filed two FOIA suits seeking records about the executive order and the DOJ’s work to weaken Section 230.
The DOJ’s latest release provides more detail on a general theme that has been apparent for years: that the DOJ in 2020 flexed its powers to try to undermine or rewrite Section 230. The documents show that in addition to meeting with congressional staffers, DOJ was critical of a proposed amendment to the EARN IT Act, with one official stating that it “completely undermines” the sponsors’ argument for rejecting DOJ’s proposal to exempt so-called “Bad Samaritan” websites from Section 230.
Further, DOJ reviewed and proposed edits to a rulemaking petition to the Federal Communications Commission that tried to reinterpret Section 230. That effort never moved forward given the FCC lacked any legal authority to reinterpret the law.
You can read the latest release of documents here, and all the documents released in this case are here.
Related Cases: EFF v. OMB (Trump 230 Executive Order FOIA)Trojans Embedded in .svg Files
Porn sites are hiding code in .svg files:
Unpacking the attack took work because much of the JavaScript in the .svg images was heavily obscured using a custom version of “JSFuck,” a technique that uses only a handful of character types to encode JavaScript into a camouflaged wall of text.
Once decoded, the script causes the browser to download a chain of additional obfuscated JavaScript. The final payload, a known malicious script called Trojan.JS.Likejack, induces the browser to like a specified Facebook post as long as a user has their account open...