New Federal Rules Aim to Speed Repatriations of Native Remains and Burial Items; ProPublica, December 8, 2023

Mary Hudetz, ProPublica; New Federal Rules Aim to Speed Repatriations of Native Remains and Burial Items

"The Biden administration has revised the rules that institutions and government agencies must follow to comply with the Native American Graves Protection and Repatriation Act — a law long hampered by limited funding and the unwillingness of many museums to relinquish Indigenous remains and burial items.

Interior Secretary Deb Haaland, the first Native American to hold a U.S. cabinet position, said Wednesday that the regulations will “strengthen the authority and role of Indigenous communities in the repatriation process” by requiring institutions to defer more to tribes’ knowledge of their regions and histories in their decision-making about repatriations.

Thirty-three years ago, Congress passed NAGPRA to prevent grave looting and push museums to return human remains and items excavated from Native American gravesites to tribes. But the promise of repatriation that many tribal nations once saw in the law has not been fully realized, with federal data showing institutions continue to store about half of the 200,000 ancestral remains they reported holding following passage of the 1990 law.

This year, ProPublica’s Repatriation Project investigative series revealed that archaeologists and scientists at some of the nation’s top universities and museums have exploited loopholes in NAGPRA to delay or resist turning over holdings reported under the law."

The Supreme Court’s Self-Excusing Ethics Code; The New Yorker, November 21, 2023

Jeannie Suk Gersen , The New Yorker; The Supreme Court’s Self-Excusing Ethics Code

"Last week, the Supreme Court issued a first-ever code of conduct for Justices. It is not a set of rules designed to redress past ethical breaches and prevent future ones but rather a defense brief arguing that there have been no ethical breaches to redress and prevent."

Copyright Office: Sorry, but you probably can’t protect your AI-generated art; Fast Company, June 30, 2023

 JESUS DIAZ, Fast Company; Copyright Office: Sorry, but you probably can’t protect your AI-generated art

"Well, there’s nothing to see here, folks. You don’t need any of the generative AI tools in our weekly roundup because they will produce stuff you don’t really own. At least that’s what the United States Copyright Office (USCO) says. The federal agency doubled down on its AI doctrine during a recent webinar, labeling anything produced by AI as “unclaimable material.”

In other words, anything that comes out of an AI program can’t be protected under copyright law and will not be accepted even if it’s included in a work created by a human. So those extra trees and mountains you added to your landscape photo with Photoshop Firefly beta? They are not yours, sorry.”

Robert Kasunic of the USCO says, “The Office will refuse to register works entirely generated by AI. Human authorship is a precondition to copyrightability.” But it’s more complicated than that. As Petapixel reports, USCO will register your images if they are modified with AI, but you will have to declare which parts are made using AI, making them “unclaimable, essentially discounting them” from the copyright protection. Kasunic went on to say that USCO believes that using any AI to generate content is akin to giving instructions to a commissioned artist.

How will USCO enforce this policy in a world where generative AI work is practically undetectable? It’s a question that only has one obvious answer: LOL."

5 ways EU’s ethics body just might work — or not; Politico, June 8, 2023

SARAH WHEATON, Politico; 5 ways EU’s ethics body just might work — or not

"Here are five ways the Commission’s proposal could have teeth — and how critics contend it could be defanged."

Why doesn’t the Supreme Court have a formal code of ethics?; Poynter, April 17, 2023

 Matthew Crowley, Poynter; Why doesn’t the Supreme Court have a formal code of ethics?

"Enforcement questions

Steven Lubet, an emeritus law professor at Northwestern University, said enforcing any code would be challenging.

“There is no enforcement mechanism in the current … situation, in which the justices say they voluntarily follow gift disclosure and other rules,” Lubet said.

Stephen Gillers, a professor emeritus at the New York University School of Law, wondered whether the court would accept a code and whether Roberts would enforce it if the justices objected to its tenets.

“What buy-in would the court need to adopt a code that binds all justices?,” he asked. “Who would enforce it? Lower court judges whose opinions the justices review? Not likely to work. Or will the court as a whole pass on the conduct of a fellow justice? Will that be credible?”

Gillers said he doubted the recent outcry over Thomas would force the court to change.

“Six months ago, I would have rated it as very unlikely (1 in 20) that the court will adopt its own code; I think the Court would not want to be seen to react to public pressure,” he said. “Now, after the latest Thomas story, I think it is just unlikely (1 in 4/5) but increasingly possible.”"

A New Code for Ethical Collecting Calls on the Art Market to Do Better by Transparently Working with Dealers; ART News, March 1, 2022

Tessa Solomon , ART News; A New Code for Ethical Collecting Calls on the Art Market to Do Better by Transparently Working with Dealers

"In 2020, Pepe gathered a group of like-minded collectors from around the world—Pedro Barbosa, Iordanis Kerenidis, Andre Zivanari, Sandra Terdjman, Haro Cumbusyan, and Jessica and Evrim Oralkan—to form a think tank dedicated to tackling the problem. The collective, working with an advisory team of 15 curators and artists, spent over a year drafting a set of principles and standards using “the language of professionals,” or what other industries use as a means of heading off power imbalances, according to Pepe. The draft is a living document, continually open to edits and additions as deeper dimensions of the issue reveal themselves.

Last week, the collective released the text of their efforts at the ARCO Madrid art fair. Titled Code of Conduct for Contemporary Art Collectors, the 11-page manual provides a template for collectors of all levels for ethically acquiring, exhibiting, and donating art, which was also reviewed by the group’s advisory team.

The code includes how to interact with dealers responsibly and transparently, how to support institutions and serve on their governing boards, and how to build and maintain collections. Each bullet point is broken down into several subcategories—the section on dealing with dealers, for example, covers “holding dealers accountable to pay artist[s] promptly,” and “not requesting artworks below fair market price,” such as asking for a discount...

This isn’t the first of ethical guideline introduced for the art world, though it is the most comprehensive. Previous attempts include the Basel Art Trade Guidelines, published by the Basel Institute on Governance, and the American Alliance of Museums’s Code of Ethics for Museums, but enforcement of either is uneven and the scope of their concerns is significantly narrower...

The group plans to update the code yearly, adding new concerns as they arise and other recommendations crowdsourced from a survey on the website. Oralkan added, “It’s a good thing—living documents shouldn’t have an end.”"

TikTok bans misgendering, deadnaming from its content; NPR, February 9, 2022

RINA TORCHINSKY , NPR; TikTok bans misgendering, deadnaming from its content

"TikTok is updating its community guidelines to ban deadnaming, misgendering and misogyny.

The changes, announced Tuesday, are a part of a broader update designed to promote safety and security on the platform. The app will also remove content that promotes disordered eating and further restrict content related to dangerous acts. 

Last year, a report by GLAAD said TikTok and other top social media sites are all "effectively unsafe for LGBTQ users...

Along with the new guidelines, TikTok published its most recent quarterly Community Guidelines Enforcement Report. More than 91 million videos — about 1% of all uploaded videos — were removed during the third quarter of 2021 because they violated the guidelines. 

Of all videos removed from July to September 2021, about 1.5% were removed due to hateful behavior, which includes hate speech on the basis of race, sexual orientation and gender, among other attributes."

California makes ‘deepfake’ videos illegal, but law may be hard to enforce; The Guardian, October 7, 2019

Kari Paul, The Guardian; California makes ‘deepfake’ videos illegal, but law may be hard to enforce 

AB 730 makes it illegal to circulate doctored videos, images or audio of politicians within 60 days of an election

"California made it illegal to create or distribute “deepfakes” in a move meant to protect voters from misinformation but may be difficult to enforce.

California’s governor, Gavin Newsom, on Thursday signed legislation that makes it illegal to create or distribute videos, images, or audio of politicians doctored to resemble real footage within 60 days of an election.

Deepfakes are videos manipulated by artificial intelligence to overlay images of celebrity faces on others’ bodies, and are meant to make viewers think they are real."

The Clintons’ ethics test: Government watchdogs weigh in on the Clinton Foundation’s latest maneuvers; Salon, 8/23/16

Simon Maloy, Salon; The Clintons’ ethics test: Government watchdogs weigh in on the Clinton Foundation’s latest maneuvers:

"What has to happen, given that history, is that a Clinton administration’s dealings with people and entities linked to the Clinton Foundation would have to be handled with a high level of transparency. Per Holman, the Office of Government Ethics “could easily run through the donor lists to the foundation, identify the potential conflicts of interests of any administration actions and require, or ask for, full disclosure of the process.” POGO’s Amey noted that there are existing safeguards protecting against ethical breaches by government officials – recusal processes, mandatory divestments, etc – and those will have to be enforced to the highest degree. “We need to make sure that we go as far as we can with those initiatives,” says Amey, “to make sure that the White House is as clean as possible.”

So while it’s certainly welcome that the Clintons have taken steps to safeguard against further conflicts of interest through the Clinton Foundation, there’s still quite a backlog of donor history that can still cause them ethical trouble (to say nothing of the fact that the foundation will apparently continue taking foreign money up to the point that Hillary wins election). How much political damage they absorb from that will be determined largely by how transparent a future Clinton administration is willing to be."

Israel’s Efforts to Limit Use of Holocaust Terms Raise Free-Speech Questions; New York Times, 1/15/14

Judi Rudoren, New York Times; Israel’s Efforts to Limit Use of Holocaust Terms Raise Free-Speech Questions: "Israel is on the brink of banning the N-word. N as in Nazi, that is. Parliament gave preliminary approval on Wednesday to a bill that would make it a crime to call someone a Nazi — or any other slur associated with the Third Reich — or to use Holocaust-related symbols in a noneducational way. The penalty would be a fine of as much as $29,000 and up to six months in jail... But critics, including some with deep connections to the Holocaust, say the proposed law is a dangerous infringement on free speech and an overreach impossible to enforce."