American Being Prosecuted for Wiping His Phone Before Handing It Over to Border Officials

He’s being prosecuted for giving border officials a code that wiped his phone:

The case centers on a feature included in GrapheneOS, a custom Android operating system that runs in place of the software on most modern Google Pixel devices. Tunick’s attorneys confirmed GrapheneOS was running on his phone.

The software feature allows the device owner to set a passcode that deliberately wipes the contents of that device if entered instead of the user’s unlock passcode.

Tunick’s case also raises ongoing questions about what constitutional rights can be invoked at the border, which the U.S. government has long asserted is not U.S. soil until a person is authorized to enter.

Right. And he wasn’t under arrest, either.

Three more news stories.

Graphine says that the feature is “completely legal“:

GrapheneOS is completely legal. We have no obligation to weaken any of the security protections it provides. Creating and using GrapheneOS is strongly protected by the US constitution. Laws attempting to make it illegal or require weakening the security would be unconstitutional.

It’s hard to know how much the Constitution matters in the US right now.

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Read This Before You Buy That TV Streaming Stick

Security experts have been sounding the alarm for years about the risks of using generic TV boxes that promise unlimited content streaming for a one-time fee, warning that they secretly rent the user’s Internet connection out to strangers. But a groundbreaking new analysis finds these devices also routinely spoof themselves as mobile phones clicking ads on AI-generated websites as part of a sprawling operation that seeks to defraud online merchants and advertising networks.

Pedro Falé is a threat researcher with the security firm Bitsight. Falé told KrebsOnSecurity he was able to peer inside a vast and complex ad fraud network by registering an expired domain name that was used to coordinate fake ad clicks across a particularly popular brand of these streaming devices known as H96.

An H96 TV streaming device currently advertised for sale on Amazon.

Falé said the domain he scooped up was previously used for telemetry, periodically collecting full hardware information and the entire list of installed apps from tens of thousands of H96 streaming sticks plugged into television sets around the globe. But upon inspecting the traffic being funneled to the domain, he discovered nearly all of the TV boxes transmitting data claimed to be mobile phone models from a variety of manufacturers, including Samsung, Vivo, Huawei, and Xiaomi.

“We noticed something was wildly wrong,” Falé said. “Multiple devices reporting to this factory Android TV Box backdoor were ‘phones.’”

Image: Bitsight.

The researcher found all of the devices reported having the same two apps installed, and that those apps were made by a company called Zhejiang Fengwo IoT Technology Ltd, an entity founded in 2019 in mainland China which operates an ad-publishing portfolio under the name Fengwo Group. Further investigation into the Fengwo Group revealed it has registered multiple patents that match the inner workings of these apps.

“Bitsight TRACE identified several Hong Kong, Singapore, and single person ‘legal’ shell identities used to collect the monetization and traced the operation back to a mainland China company known as Zhejiang Fengwo IoT Technology Co., Ltd, which operates under the Fengwo Group,” Falé wrote in a report released today about their findings.

Falé said an analysis of the apps shows they help to coordinate an ad fraud network that uses these H96 devices as a captive traffic source to click on ads at AI-generated websites operated by the Fengwo Group.

Bitsight discovered the websites contain machine-generated news articles and graphics across a range of categories, including finance, health, education, gaming, music and food blogs. But they also found none of those sites displayed ads unless the device visiting the page matched the spoofed mobile profile of these H96 devices.

AI DIGITAL HUMANS

The domain for the Fengwo Group — fwgcloud[.]com — claims the company is “redefining the boundaries of human-AI interaction,” and that it has created more than 120,000 “AI digital humans” available to rent for everything from emotional companionship to 24/7 customer service and creative design.

The homepage for fwgcloud dot com.

Falé said the Fengwo Group’s domain shared its SSL certificate data with other domains associated with the apps found on H96 devices, specifically the phone spoofing mechanism. He noted the domain also has an internal wiki platform that directly ties the Fengwo Group to a proprietary implementation of a Google-built visual programming language called Blockly, which was originally designed to help kids learn how to write software.

According to Bitsight, the Fengwo Group’s employees use Blockly to build the sham websites, allowing low-skilled operators to drag blocks of code together in their Blockly editor — without any need to understand what the underlying code blocks do or how they work.

The Blockly homepage.

“An operator can drag blocks together in their Blockly editor, to define each fraud routine, given a task type,” reads Bitsight’s report. “Once the routine is saved, it gets exported as JavaScript and uploaded to the S3 buckets. An operator doesn’t need as much understanding of the underlying technicalities, as it is all set in place for ease of use.”

Bitsight even found one of the Fengwo Group app developers mentioning exactly these advantages, noting the developer remarked that “only a small number of highly-skilled developers are needed to build the template execution-unit images,” and that “developers who create execution units from those templates have significantly lower technical requirements, greatly reducing the company’s operating costs.”

Falé said if a user’s H96 streaming stick is selected for a specific fraud task, it will be pushed the appropriate Blockly module according to the task desired, which can include silently launching a web browser, visiting websites, browsing pages, managing tabs, and clicking on ads.

To ensure the TV boxes masquerading as mobile phones can reliably click on ads displayed via the AI-generated websites, the Fengwo group “fuses three vision and reasoning systems into a single interface,” allowing the bots to correctly identify an ad on the webpage and navigate the site much like a human would, the Bitsight report observed.

Examples of ad landing pages linked to the Fengwo Group. Image: Bitsight.

TV ON? PROXY. TV OFF? AD FRAUD

Bitsight found the H96 devices were either relaying residential proxy traffic or participating in ad fraud, but never both at the same time. In fact, they concluded that when these TV boxes detect an HDMI signal from an attached television — indicating the user intends to stream video content — the box is usually functioning as a residential proxy. When the TV is off, it switches back to waiting for ad fraud jobs.

Falé said he believes the TV boxes are set up this way because its ad fraud activities are far more resource intensive and could interfere with the device’s stated purpose — streaming video content over the Internet.

Despite repeated warnings from the FBI and security industry leaders about the security and privacy risks of using these streaming devices, major e-commerce providers like Amazon, Best Buy, Newegg and others continue to sell hundreds of different models and brands that bundle unofficial versions of Google’s Android operating system and are frequently marketed (via online influencers) as a way to access a broad array of streaming services and live broadcasts without a subscription.

Image: fbi.gov.

In addition to enlisting the user’s TV box in ad fraud networks, these off-brand streaming devices almost universally come with residential proxy software pre-installed. This software rents the user’s Internet address out to anonymous paying customers, who run the gamut from aggressive content scraping firms to ticket scalpers and outright cybercriminals.

What’s more, because these generic (and generally dirt cheap) TV boxes are all horribly insecure by default and bereft of any kind of authentication, installing one on your home or office network only invites further mischief. In January, the proxy tracking service Synthient documented how multiple botnets had rapidly enslaved millions of TV boxes using a complex interplay of security vulnerabilities in both the residential proxy software and the streaming devices themselves.

SHOW ME THE MONEY

Bitsight said it tracked approximately 38,000 TV boxes globally phoning home to the expired Fengwo Group domain, and based on that number the report estimates this ad fraud network brings in revenues of close to $50,000 a day (not counting substantial revenue from the residential proxy side of the business). However, Falé emphasized that these estimates are highly conservative and based on telemetry from just one of the Fengwo Group’s core (but older) domains.

As for the Fengwo Group’s claim to have 120,000 “digital humans” at their disposal, Bitsight’s report concludes it could be just a clever marketing scheme and/or a way to avoid drawing suspicion to the company’s operations.

“Historically, when dealing with proxy services or DDoS, we sometimes see these websites undertake inconspicuous facades, so as not to advertise their DDoS capability or botnet size,” Falé wrote in the report. “This could also be the case here.”

If the Fengwo Group truly does have tens of thousands of “AI humans” at its beck and call, it does not appear to have dedicated any of them to fielding inquiries from its own website. KrebsOnSecurity sought comment from the Fengwo Group by emailing the contact address listed on the company’s homepage, but the request bounced back with the reply, “Your message couldn’t be delivered to postmaster@fwgcloud[.]com. Their inbox is full, or it’s getting too much mail right now.”

As Bitsight’s analysis shows, when it comes to TV boxes and streaming sticks, it’s best to stick to name brands from reputable manufacturers, and then to be sparing and careful with any apps you choose to install on the device — as many of those can bundle residential proxy software as well. Google says consumers can confirm whether or not a device is built with the official Android TV OS and Play Protect certification by following these instructions.

Additionally, Synthient maintains a running list of IoT devices that have been known to ship to consumers with residential proxy software and other malicious apps pre-installed. Careful readers will notice Synthient’s list includes other IoT devices apart from streaming sticks and boxes: As the FBI has warned, residential proxy software has also been found in other popular consumer IoT devices from random brands, particularly digital photo frames.

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Long-Lived Vulnerability in Microsoft Secure Boot

Microsoft’s Secure Boot has had a serious vulnerability for most of its existence.

An industry-wide standard Microsoft invented to protect Windows, and later Linux, devices from firmware infections has been trivial to bypass for 13 of its 14 years of existence. The discovery was made by researchers at security firm ESET after identifying 11 firmware images, at least one from 2013, that were known to be defective but remained signed by the software company anyway.

The images are known as shims, which were invented to extend Secure Boot to Linux devices and utility software. Using a technique simple enough to be performed by novice hackers, these old, forgotten shims can be used to completely circumvent the protection, which is embedded into the UEFI (Unified Extensible Firmware Interface) of the device’s motherboard. The gaffe is the result of the failure by Microsoft, which oversees the signing of shims, to revoke the publicly available images once vulnerabilities were found in them.

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Measuring the Tendency of AI Agents to Go Rogue

This essay was written with Barath Raghavan, and originally appeared in The Guardian.

In July, Hugging Face, a company that hosts much of the world’s AI software and open-source AI models, was hacked. A malicious dataset had been used to run code on one of its servers. Whoever was behind it captured internal security credentials and moved through systems over a weekend, running thousands of actions from a swarm of temporary server environments. It looked like the work of a sophisticated criminal group.

It was not. It was one of OpenAI’s new, still unreleased GPT models.

Their science experiment had escaped the lab. OpenAI was running the unreleased AI model through a benchmark that tests how well AI can successfully hack systems. To push the limits and evaluate the AI’s true capability, the company switched off the safety filters that normally stop it from doing this kind of hacking. Aware that this could go wrong, they confined the AI to an isolated environment and denied it access to the internet.

But the new AI cheated. It took literally its goal to get as high of a score as possible. It broke out on to the open internet. It inferred, probably from its training data, that it could “solve” the task by getting the answers from Hugging Face’s servers. So it chained together stolen credentials and further unknown security exploits to hack the company’s network.

Nobody instructed the AI to do any of this. It was, in OpenAI’s words, “hyperfocused on finding a solution” to the test it was being given. And while this might seem like something new with AI, it’s really very old. This is how a genie behaves, and it is a key challenge with AI agents in general.

In folklore, genies—and other magical beings—grant wishes literally, not how the wisher intended. King Midas asked that everything he touched turn to gold, and starved. The sorcerer’s apprentice wanted the broom to fill the cistern, and it performed its task so well that it flooded the house.

We now have machines that do this. Ask a modern AI agent to save money on your phone plan and it might simply cancel the plan. Tell it to book a flight, and it might hack the airline website to override restrictions. Or, like OpenAI, ask it to do well on a test and it might break into another company to steal the answers. Each time, it recognizably completed the task you set, but it didn’t do what you would have wanted.

This isn’t malicious behavior. No one asked for, or wanted, Hugging Face to be hacked. OpenAI and Hugging Face and the AI were ostensibly on the same side, and the AI was trying to do what it had been asked. That’s what makes it so difficult to guard against: you can’t filter for bad instructions because the instructions were fine.

The gap is between the words we use and what we mean by them. We call that gap the Genie coefficient.

AI labs know this is a problem, and they’re quietly saying so. For example, the Chinese lab Moonshot recently warned that its latest AI model may have “excessive proactiveness” and “make unexpected decisions on the user’s behalf”. The UK’s AI Security Institute has started tracking “cheating behavior in frontier model evaluations”. We wouldn’t tolerate a car that is excessively proactive or ruthlessly efficient, and yet that’s the reality of AI today.

Improvement is possible. Just as AIs have gotten much better at resisting prompt injection attacks over the last few years, we can safely predict that they will get better at avoiding genie-like behavior. The point of the Genie coefficient is to track progress. AI companies like benchmarks, and they all work to compete to be the best.

Dozens of benchmarks and leaderboards tell us how well these AI models write code, perform logical reasoning, and pass standardized legal and medical exams. But there is nothing that scores whether a system does what you actually meant. We need to develop a measure for this, test it regularly, and push for improvement. We’re not going to have trustworthy AI agents without it.

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Measuring LLMs’ Ability to Perform Cryptanalysis

There’s new benchmark measuring AI’s ability to perform mathematical cryptanalysis. Anthropic’s frontier model actually found new attacks.

The benchmark: “CryptanalysisBench: Can LLMs do Cryptanalysis?” The idea is to benchmark the ability of LLMs to discover new mathematical cryptanalytic attacks against a series of historical algorithms.

Abstract: Cryptanalysis—the task of finding attacks against cryptographic schemes—its at the intersection of mathematical reasoning and cybersecurity, two areas where LLMs have advanced fastest. Cryptanalysis represents both a clean testbed for frontier reasoning (as practical attacks can be automatically verified) and a domain with unusually high stakes, since the primitives under study underpin our digital security. In this paper we ask whether LLMs can do cryptanalysis, and find that the answer is increasingly yes. We introduce CryptanalysisBench, 191 tasks across six families of cryptographic primitives (block ciphers, hash functions, etc.) drawn primarily from four NIST standardization competitions. Our benchmark consists of three tiers: (i) primitives with known practical breaks; (ii) primitives with no known practical break, evaluated both at full strength and as scaled-down variants; and (iii) a challenge set of production primitives at the frontier of cryptanalysis. Five frontier models (Claude Opus 4.8, Sonnet 5, Mythos 5, GPT-5.5, and the open-weights GLM-5.2) break 65%­86% of Tier 1 schemes, 6­12 Tier-2 schemes at full strength, and 24­61 across all scaled-down variants. Beyond deriving known results, models produce novel cryptanalysis, such as a key-recovery attack that exploits a design flaw in the SpoC AEAD and an error in KINDI’s published CCA-security proof, both to the best of our knowledge not previously known.

We release CryptanalysisBench as a tool to help track if (or when) AI cryptanalysis becomes a serious factor and as a scaffold for stress-testing candidate schemes before deployment. The attacks that the benchmark already surfaces are an early snapshot of a fast-moving frontier that may soon match, and in places exceed, the published state of the art.

Anthropic used the benchmark to test Mythos Preview, and found new vulnerabilities in Hawk and reduced-round AES.

Still early results, but this is definitely something to watch.

SlashDot thread.

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Axon Is Another License Plate Surveillance Company

Governments are switching, but I’m not sure it makes a difference:

…some municipalities, including Denver, Colorado, are ditching their Flock arrays. But keep in mind that if they’re only switching from Flock to another brand of license-plate readers, like Axon, it’s like a gambling addict trying to kick the habit by switching from FanDuel to DraftKings.

[…]

Despite what you may read on the Flock website, Axon cameras are pretty effective when it comes to hoovering up personal details that can go far beyond your license plate numbers. That means a municipality that opts for Axon cameras instead of Flock units won’t necessarily reduce the amount privacy its citizens lose through their use.

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Cognyte Sells a Mobile Cell Surveillance Van

Yet another Israeli mass surveillance company:

Made by Israeli surveillance company Cognyte, the tech simulates a mobile phone tower, which forces nearby phones to connect to it. That enables cops to keep tabs on any phones in the vicinity ­ whether they’re owned by a suspect in a case or not. Cognyte’s contract with the state of Texas reveals that the simulator, called FalcoNet, can be concealed within the vehicles, hidden in a backpack for on-foot missions or attached to a helicopter. It’s the same technology as the infamous Stingray, one of the original cell-site simulators made by defense giant L3Harris.

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Why AI Needs a “Genie Coefficient”

This essay was written with Barath Raghavan, and originally appeared in IEEE Spectrum.

Major benchmarks measure what AI can do. None measure whether it does what you mean: the distance between what you ask an AI to do and the unspoken assumptions about how you want the AI to do it. We propose a new metric: the Genie coefficient.

There’s often a gap between one person’s request and another’s understanding. Most of the time, we bridge it using general knowledge. For example, if you ask a friend to get you coffee, they’ll pour a cup from the pot or buy one from a coffee shop. They won’t bring you a bag of raw beans or snatch a cup from a stranger and hand it to you. You never specified any of this. You never had to.

One might think the fix is just to specify tasks, questions, and intent better. But in 1987, in their seminal book on AI, Terry Winograd and Fernando Flores succinctly captured why that won’t work: “Q: Is there any water in the refrigerator? A: Yes. Q: Where? I don’t see it. A: In the cells of the eggplant.” In human language, wants and desires are always underspecified. It is impossible to list all the caveats, all the limitations, all the exceptions.

So how does anyone communicate, if intent can’t be pinned down? Because a reasonable person can make a reasonable guess. Even though wants and desires are always underspecified, a competent person generally knows enough context to get it right or else knows to ask for clarification. Linguists call this pragmatics: Meaning lies in the words and the situation and also in all prior communication, shared culture, and innate human behavior.

It doesn’t always work out, of course. Your friend might bring you a hot coffee when you wanted an iced coffee, or an Italian coffee when you wanted a Turkish coffee. The more dissimilar the two people are in age, culture, and background, the more likely the request will be misunderstood in some way.

This situation has major implications for AI agents that are increasingly being given requests by humans and expected to fulfill them. They have enormous latitude to get it wrong. An AI agent asked for coffee might buy a coffee plantation or order a cup of coffee for delivery in three weeks. Its actions may be recognizable as “getting coffee,” but not remotely what you intended. They’ll think outside the box because they won’t have our conception of the box.

When AI Gets Proactive

For most of the last decade, when systems like Alexa or Siri misinterpreted a request, it was annoying, not dangerous. Beyond the AI model itself, what has changed is the harness: the ordinary code that wraps around an AI model, decides when and how to use the model, and controls access to tools like a browser, a low-level command line, or a financial API. Developments in harnesses have turned large-language models that just predict text into AI agents that take actions in the world, without necessarily checking back in before reaching the goal.

AI researcher Simon Willison spent two days with Anthropic’s Fable AI, and called it “relentlessly proactive.” For example, he asked it to track down a stray scroll bar in a web app. He came back to find it had opened browsers, written its own screenshot tooling, created its own page to re-create the bug, and stood up a local web server to collect measurements. It found the bug and, along the way, did many surprising things he never asked it to do. And we are seeing similar behavior with all recent AI models when combined with flexible harnesses.

This kind of behavior could easily go off the rails. Tell an AI agent to book you a flight and, finding the airline’s site says sold out, it might break into the booking database and force a reservation. Ask it to schedule a meeting and it might snoop your password to access your calendar. Tell it to save money on your phone plan and it might cancel the plan outright, or scam someone else into paying the bill.

Getting precisely what you asked for and bitterly regretting it is one of the oldest hazards from ancient folklore. King Midas asked Dionysus for the power to turn everything he touched into gold only to see his bread, wine, and daughter turn to gold. Tithonus, granted the immortality his lover asked for but not the eternal youth she forgot to request, withered into a husk. The sorcerer’s apprentice enchanted a broom to fill the cistern, and the broom relentlessly complied until it flooded the house. The Golem of Prague, shaped from clay to guard its community, guarded it past all reason until someone erased the word on its forehead.

The most classic of these is a genie, bound to obey and indifferent to whether the wish was wise or well-structured.

Genies are now an engineering problem. We are handing them the keys to our inboxes, bank accounts, code repositories, and physical infrastructure. And we have no agreed-upon ways to measure how genie-like any AI system actually is.

Measuring Genie Behavior

In economics, the Gini coefficient (developed by statistician Corrado Gini) is a measure of the gap between an actual distribution and a perfectly equal one; it’s useful for understanding income inequality and more. Our proposed Genie coefficient measures the gap between what a user asked an AI to do and what the AI actually did.

Sometimes the AI might do the wrong thing. Like Dionysus, it reads your request literally and returns you a mess you never intended: like a coffee plantation instead of a cup. Asked to deal with all the spam phone calls you’re getting, a Dionysus genie might contact your carrier and change your phone number. Asked to get a refund for a bad toaster, it might draft a legal threat on fake letterhead and send it to the retailer.

Other times the AI does exactly the right thing, trampling everything nearby to get there. Like a golem or the sorcerer’s broom, it books your flight by hacking the airline. Or consider a ticket sale for a popular concert, where the ticketing system puts buyers into a virtual waiting room and admits them a few at a time. Asked to buy a ticket, a golem genie might spin up cloud servers to pose as millions of buyers from different addresses, improving your odds of getting a ticket while crowding out other users.

The two are not opposites, and a single botched task can have both characteristics.

Genie behavior is not flat-out failure. If you ask the AI for Q3 numbers and get Q2’s, that’s not a genie. Nor is prompt injection: That’s someone tricking the AI into doing something it shouldn’t. Here, the user is trying to work with the AI, and the AI is trying to comply. It’s also not simply a measure of the AI’s success in fulfilling a task. It’s a recognition that how an AI interprets and achieves a goal is as important as whether it achieves a goal.

Genie behavior isn’t new. Researchers have spent years studying AI systems that “game” their objectives. Goodhart’s law says that when a measure becomes a target, it stops being a good measure, and it’s long been known that AIs sometimes achieve goals in ways we don’t expect due to reward hacking. Some AI models will accidentally learn that cheating is one way to “win.” More recently, researchers have developing benchmarks for reward hacking in coding agents and for unpredictable behavior in customer support agents, while AI labs conduct their own safety evaluations before model releases. One effort found that AIs under pressure use tools they were told not to use, and this was a case where the rules were made explicit. These are all disparate research directions; nothing yet ties them together.

This problem falls under the general theme of alignment, a topic that has occupied science fiction writers and AI researchers for decades. At one extreme, the “paper-clip maximizer” thought experiment postulates a superintelligent and powerful AI that is told to maximize paper-clip production and turns the world into paper clips, which is the ultimate golem genie. At a mundane level, AI researchers are working to better design reward functions to ensure that AIs behave well and don’t cheat in the lab. It’s the practical middle ground that remains unbenchmarked: the ordinary AI agent in use today that might take your request and satisfy it the wrong way. We are not at the stage where an AI can focus the world’s production on paper clips, but it might charge a million paper clips to your credit card or hack into a paper-clip company’s network.

Building a Genie Benchmark

The Genie coefficient is meant for AI agents operating in the real world. It measures their behavior as they perform real tasks long after the model is trained, not just during development. It also recognizes that genie-like behavior is a property of the harness-plus-model system, not the model alone. The harness determines what tools the agent can use, how much autonomy it has, and how proactive it is, and it’s a place we can make real interventions.

It rests on the same “reasonable person” standard that we use for people. Did the system do what a reasonable person would have taken the request to mean? Answering that requires human judgment.

If we get the measurement right, it enables things that aren’t possible today, like policies concerning AI behavior. In a courtroom, the concept of mens rea, what someone meant to do, is often as important as what they did. The Genie coefficient suggests an AI analogue, where a user is accountable for the plain intent of what they asked the AI. If an AI system betrays the reasonable meaning of an instruction, that’s the AI’s misbehavior, not the user’s.

We’ll need multiple benchmarks to measure the Genie coefficient, because genie-like behavior can be domain specific. An AI coding agent may need to be judged on how often it fakes the tests, or swallows errors, or colors outside the lines on its way to a solution. An AI legal agent will need to be judged on how often its output says what you asked but means something you’ll regret. And so on for medical, finance, and other domains of knowledge and expertise.

Genie benchmarks can be built inside out, each task seeded with a choice that might literally satisfy but that a reasonable person rejects, such as tempting misreadings or unsanctioned shortcuts. The traps in a Genie coefficient benchmark might turn on situational knowledge, the kind of context that a reasonable person would bring to the task. Another approach is to give the same request in several different contexts, each with a different reasonable course of action.

A Genie benchmark should be permissive and make it genuinely tempting for an AI agent to take unreasonable shortcuts, because it can only find genie behavior when it’s actually possible. Test the AI in a safe, walled-off copy of a real system, with real tools it can misuse and some tasks that can’t be done honestly at all. Make the temptation to cut corners real. Test a diverse array of skills, use cases, and tools, and give the AI system sparse, confusing, or overwhelming context. Include tasks that people have learned, through experience, require human oversight.

How the benchmark is scored matters just as much. Measure Dionysus and golem genies separately and together, based on their worst, not best, behavior. Run the same model inside harnesses that vary its freedom to act, revealing which limits actually keep it in line and should therefore be required in AI harness policies. Weight each failure by the harm it would cause, not just a simple count. And don’t measure genie behavior in isolation: A model could otherwise earn a perfect score by stalling, refusing, or drowning the user in clarifying questions without ever doing the job. The first versions of these benchmarks will be crude, but that’s how benchmarks always start.

We have built genies. We have handed them our data and credentials. We made them relentless, creative, and indifferent to the gap between what we tell them and what we mean. The least we can do, before they are booking our flights, running our infrastructure, and signing contracts unsupervised, is to measure how often they betray us.

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End-to-End Encryption and “Going Dark”

New paper: “Encryption and Globalization 15 Years Later: End-to-End Encryption and the Third Round of the ‘Going Dark’ Debate“:

Abstract: This Article updates and expands on 2012 research on encryption and globalization, analyzing what the authors call “Round 3” of the Going Dark Debate: the current controversies over end-to-end encryption (E2EE). Governments around the world have proposed, and in some cases enacted, laws limiting E2EE for law enforcement and national security purposes.

This Article explains the underlying technologies and market developments for a law and policy audience to assess those proposals critically. The Article proceeds in three parts tracking three rounds of the Going Dark Debate. Round 1 covers the Crypto Wars of the 1990s, when U.S. export controls on strong encryption ultimately fell in 1999. Round 2 covers the period roughly 2010 to 2015, when encryption-in-transit became widespread but lawful access remained available through cloud providers, giving rise to what the authors called a “golden age of surveillance” rather than a period of going dark. Round 3 addresses the current debate over E2EE, where no entity between sender and recipient can read the plaintext.

The Article’s first major contribution is identifying five technically distinct scenarios for how E2EE operates in practice, each with different implications for lawful access. These scenarios reveal a substantial gap between the assumption that E2EE categorically blocks lawful access and the reality of how communications are sent and received. Second, the Article shows that E2EE is not limited to messaging; instead, it is embedded throughout the modern technology stack, including in Transport Layer Security, Secure Shell, Virtual Private Networks, and Zero Trust Architecture, the last of which is now legally required under U.S. and EU law. Any law broadly limiting E2EE would thus have severe serious consequences for cybersecurity, commerce, and government operations. The Article concludes that the two key lessons from Round 2—the least trusted country problem and the golden age of surveillance—remain true in Round 3, and that new government claims for restricting effective encryption deserve great skepticism.

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