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David Brody

@dbrody.bsky.social

Privacy rights are civil rights. Founder & former director of the Digital Justice Initiative at the Lawyers’ Committee for Civil Rights Under Law.

3,116 Followers  |  947 Following  |  320 Posts  |  Joined: 03.07.2023  |  1.9471

Latest posts by dbrody.bsky.social on Bluesky

Agree, my proposal for awhile now has been for Congress to make a Super Circuit Court composed of random panels drawn from all the circuit judges, and then transfer to it as much of SCOTUS’ appellate jurisdiction as possible.

06.12.2025 00:48 — 👍 5    🔁 1    💬 0    📌 0

“We’re the Discrimination Secret Police, here to discriminate against you. All persons of the nationalities to be given unequal protection of law, please step to the side so that we can use an undue process to deny your liberty.”

06.12.2025 00:45 — 👍 61    🔁 28    💬 0    📌 0
What happens when ChatGPT cites to a real case but misstates what the case stands for?

That doesn't fly for Judge Behm in Michigan.

The court says that while a litigant could make the same error based on faulty reasoning, LLMs can't, because they can't reason.

What happens when ChatGPT cites to a real case but misstates what the case stands for? That doesn't fly for Judge Behm in Michigan. The court says that while a litigant could make the same error based on faulty reasoning, LLMs can't, because they can't reason.

And while a litigant might get away with similar overstatements because they could, perhaps, reason their way to showing how a case's stated holding might extend to novel situations, an LLM does not reason in the way a litigant must. To put it in a slightly different way, LLMs do not perform the metacognitive processes that are necessary to comply with Rule 11.

When an LLM overstates a holding of a case, it is just piecing together a plausible-looking sentence

And while a litigant might get away with similar overstatements because they could, perhaps, reason their way to showing how a case's stated holding might extend to novel situations, an LLM does not reason in the way a litigant must. To put it in a slightly different way, LLMs do not perform the metacognitive processes that are necessary to comply with Rule 11. When an LLM overstates a holding of a case, it is just piecing together a plausible-looking sentence

h/t @robertfreundlaw.bsky.social

holy shit, an accurate legal critique of LLMs. LLMs don't reason because they're just stitching together plausible-looking sentences indifferent to the content

03.12.2025 19:51 — 👍 1532    🔁 396    💬 21    📌 37

This was just sent to me by an LAUSD parent. A 4th grader was assigned to design a book cover for Pippi Longstocking using Adobe for Education. Here is what the AI tool generated:

05.12.2025 21:49 — 👍 1557    🔁 574    💬 94    📌 96

Boomers: It just sucks so much that everyone gets participation trophies now, you used to have to show real merit to get an award

Also Boomers:

05.12.2025 17:57 — 👍 7918    🔁 1539    💬 402    📌 69

Don't let anyone tell you that the Commission's DSA enforcement against X is about speech or censorship.

That would, indeed, be interesting. But this is just the EU enforcing some normal, boring laws that would get bipartisan support in the U.S. (I bet similar bills *have* had that support.) 1/

05.12.2025 14:58 — 👍 319    🔁 136    💬 5    📌 21

As precarious as the margin in this calculation is, I think it’s actually a lot tighter. There are a lot of fixed costs that go into the misc bucket, many unmentioned. Just off top of my head:
Water, heat, gas, sewer/trash, 2x cell phones, home internet, debt servicing, car insurance, medications.

05.12.2025 15:14 — 👍 1    🔁 0    💬 1    📌 0
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The new National Security Strategy of the U.S. contains some pretty explicit white nationalism:

“We want to support our allies in preserving the freedom and security of
Europe, while restoring Europe’s civilizational self-confidence and Western identity.”

05.12.2025 05:02 — 👍 1188    🔁 463    💬 78    📌 68

Could be the AI state preemption EO.

05.12.2025 04:28 — 👍 1    🔁 0    💬 1    📌 0

The only reason not to follow the Prison Rape Elimination Act is if you do not want to eliminate rape

05.12.2025 01:16 — 👍 832    🔁 236    💬 21    📌 3
Preview
Trump hires new White House ballroom architect Although the two had clashed over the size of the project, the decisive factor was the small firm’s limited capacity to handle such an enormous project.

Thinking that a lot of the meetings went like Mugatu's Derek Zoolander Center pitch and Trump became incensed that the models were so small

04.12.2025 20:21 — 👍 15    🔁 1    💬 0    📌 1

80s-90s ultraviolent movies of my childhood made a lot more sense when I realized like half of them were Paul Verhoeven satirical social commentaries.

04.12.2025 16:07 — 👍 1    🔁 0    💬 0    📌 0
Preview
‘End-to-end encrypted’ smart toilet camera is not actually end-to-end encrypted | TechCrunch Kohler, the makers of a smart toilet camera, can access customers' data stored on its servers, and can use customers’ bowl pictures to train AI.

NEW: Your "end-to-end encrypted" poop pictures taken by this $599 (+ subscription) smart toilet camera are actually not end-to-end encrypted.

¯\_(ツ)_/¯

techcrunch.com/2025/12/03/e...

03.12.2025 19:59 — 👍 662    🔁 193    💬 97    📌 437
SUSAN RODRIGUEZ
Susan Courtwright Rodriguez, nominated to the U.S. District Court for the Western
District of North Carolina, is a longtime conservative lawyer whose career reflects
deep partisan ties, loyalty to corporate interests, and a record of rulings that hurt
workers, employees, and consumers and puts profits over people. She held multiple
roles in the George W. Bush administration, including as a political appointee for the
then-newly formed Department of Homeland Security, as well as with the White
House counsel’s office. After a second stint at the DHS, Rodriguez spent 12 years at
McGuireWoods, where she co-led the Financial Institutions Industry Team and
defended banks, payday lenders, and fintech companies against lawsuits and
government investigations. She now serves as a magistrate judge for the U.S.
District Court for the Western District of North Carolina.
CORPORATE DEFENSE & FINANCIAL INSTITUTIONS
At McGuire Woods, Rodriguez devoted her practice to defending large financial
institutions and high-cost lenders. She co-authored industry-facing publications
framing the Consumer Financial Protection Bureau’s regulatory oversight as part of
a “name-and-shame playbook,” and dismissed CFPB efforts to hold corporations
accountable for consumer abuses. She defended Sprint against allegations brought
by CFPB and the Federal Communications Commission related to unauthorized
third-party charges and represented banks accused of violating anti–money
laundering laws (Consumer Financial Protection Bureau v. Sprint Corp.).
In one case, Rodriguez defended Truist Bank against claims brought by a
whistleblower executive who alleged the bank failed to report suspicious wire
transfers and allowed accounts linked to criminal activity to remain open (Denise
WHITING, Plaintiff, v. TRUIST BANK f/k/a Branch Banking and Trust Company,
Defendant). Rather than addressing systemic fraud, the bank allegedly retaliated
against the executive, demoting and ultimately firing her. Rodr…

SUSAN RODRIGUEZ Susan Courtwright Rodriguez, nominated to the U.S. District Court for the Western District of North Carolina, is a longtime conservative lawyer whose career reflects deep partisan ties, loyalty to corporate interests, and a record of rulings that hurt workers, employees, and consumers and puts profits over people. She held multiple roles in the George W. Bush administration, including as a political appointee for the then-newly formed Department of Homeland Security, as well as with the White House counsel’s office. After a second stint at the DHS, Rodriguez spent 12 years at McGuireWoods, where she co-led the Financial Institutions Industry Team and defended banks, payday lenders, and fintech companies against lawsuits and government investigations. She now serves as a magistrate judge for the U.S. District Court for the Western District of North Carolina. CORPORATE DEFENSE & FINANCIAL INSTITUTIONS At McGuire Woods, Rodriguez devoted her practice to defending large financial institutions and high-cost lenders. She co-authored industry-facing publications framing the Consumer Financial Protection Bureau’s regulatory oversight as part of a “name-and-shame playbook,” and dismissed CFPB efforts to hold corporations accountable for consumer abuses. She defended Sprint against allegations brought by CFPB and the Federal Communications Commission related to unauthorized third-party charges and represented banks accused of violating anti–money laundering laws (Consumer Financial Protection Bureau v. Sprint Corp.). In one case, Rodriguez defended Truist Bank against claims brought by a whistleblower executive who alleged the bank failed to report suspicious wire transfers and allowed accounts linked to criminal activity to remain open (Denise WHITING, Plaintiff, v. TRUIST BANK f/k/a Branch Banking and Trust Company, Defendant). Rather than addressing systemic fraud, the bank allegedly retaliated against the executive, demoting and ultimately firing her. Rodr…

Rodriguez’s leadership role on the board of Mira Via underscores her alignment
with organizations that oppose reproductive rights. Mira Via explicitly affirms life
“from the moment of conception,” situating Rodriguez firmly within the anti-
abortion movement. Her long membership in the Federalist Society and Republican
National Lawyers Association further underscores her alignment with conservative
legal networks committed to rolling back reproductive freedom, LGBTQ+ rights, and
other substantive constitutional protections.
STAUNCH CONSERVATIVE ADVOCACY
Since joining the bench, Rodriguez has issued rulings that repeatedly favor
corporations, law enforcement, and institutions over individuals seeking relief.
In Rodriguez v. Wipro Ltd., she ruled against a whistleblower who raised concerns
about corporate conflicts of interest and later suffered retaliation that exacerbated
serious health conditions, dismissing the case for failure to exhaust administrative
remedies. In Puranda v. City of Charlotte, she dismissed a civil rights case brought
by an 18-year-old subjected to an aggressive traffic stop, where officers allegedly
drew weapons, forcibly removed him from his car, and detained him without cause.
In Robey v. Charlotte-Mecklenburg Board of Education, she rejected claims brought
by parents whose child had repeatedly disclosed self-harm to a school counselor
who failed to notify them, ultimately leading to a hospitalization. In each of these
cases, Rodriguez prioritized institutional protection over the workers, children, and
their families who simply wanted justice when they were hurt.

Rodriguez’s leadership role on the board of Mira Via underscores her alignment with organizations that oppose reproductive rights. Mira Via explicitly affirms life “from the moment of conception,” situating Rodriguez firmly within the anti- abortion movement. Her long membership in the Federalist Society and Republican National Lawyers Association further underscores her alignment with conservative legal networks committed to rolling back reproductive freedom, LGBTQ+ rights, and other substantive constitutional protections. STAUNCH CONSERVATIVE ADVOCACY Since joining the bench, Rodriguez has issued rulings that repeatedly favor corporations, law enforcement, and institutions over individuals seeking relief. In Rodriguez v. Wipro Ltd., she ruled against a whistleblower who raised concerns about corporate conflicts of interest and later suffered retaliation that exacerbated serious health conditions, dismissing the case for failure to exhaust administrative remedies. In Puranda v. City of Charlotte, she dismissed a civil rights case brought by an 18-year-old subjected to an aggressive traffic stop, where officers allegedly drew weapons, forcibly removed him from his car, and detained him without cause. In Robey v. Charlotte-Mecklenburg Board of Education, she rejected claims brought by parents whose child had repeatedly disclosed self-harm to a school counselor who failed to notify them, ultimately leading to a hospitalization. In each of these cases, Rodriguez prioritized institutional protection over the workers, children, and their families who simply wanted justice when they were hurt.

11 Senate Democrats just voted to advance the nomination of a Federal Society judge who used to defend banks and payday lenders:

Durbin
Gallego
Hassan
Hirono
Kaine
Kelly
King
Klobuchar
Reed
Rosen
Whitehouse

04.12.2025 04:02 — 👍 778    🔁 277    💬 111    📌 201

As any Battletech/Mechwarrior aficionado will tell you, the vacuum of space does not sink heat well.

04.12.2025 03:03 — 👍 1    🔁 0    💬 0    📌 0

Going back decades, racism has been one of his consistent beliefs. Discriminating against black tenants, Central Park Five, birtherism, etc.

03.12.2025 23:38 — 👍 4    🔁 0    💬 0    📌 0

For years, AT&T and other telcos have made noise and given a LOT of money to buy off certain civil rights orgs (you know who you are) & pretend they care about communities of color. And over and over the telcos sell out those communities, discriminate against them, & perpetuate historic inequities.

03.12.2025 23:29 — 👍 1    🔁 0    💬 0    📌 0
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Brendan Carr is being toasted by all of DC’s communications lawyers.

@freepress.bsky.social and @publicknowledge.bsky.social are here to remind them what’s at stake

03.12.2025 22:18 — 👍 18    🔁 12    💬 1    📌 2

This man may be the most racist president this country has ever had, and twelve presidents owned slaves

03.12.2025 22:29 — 👍 6955    🔁 1651    💬 191    📌 86

I think actually he’s not trying to be an influencer for young men, but instead is subtly trying to give parenting advice to dads in a way that doesn’t sound like parenting advice. That’s his target demo: 30-50 year old men.

03.12.2025 22:18 — 👍 3    🔁 0    💬 0    📌 0

Haven’t read his book but have heard him talk about these topics on Pivot, and while I don’t agree with everything I do think he’s earnestly trying to offer a better model. He comes across as respectful to women and emphasizes the importance of positive non-parent IRL male role models for boys.

03.12.2025 22:17 — 👍 2    🔁 0    💬 2    📌 0

So far, #AI moratorium lost 99-1 (really 100-0) in the Senate earlier this year, and now House R leadership has lost its gambit to force preemption into the NDAA.

Gee, I wonder what lesson they'll learn.

#ArtificialIntelligence

03.12.2025 20:07 — 👍 4    🔁 2    💬 0    📌 0

Insert a movie into another movie:

No Time to Live and Let Die Another Day

03.12.2025 13:49 — 👍 1    🔁 0    💬 0    📌 0

With all due respect to Sen. Paul, this is a false dichotomy. Hegseth also can be both lying and incompetent.

03.12.2025 13:40 — 👍 3    🔁 1    💬 0    📌 0

We’ve just stopped talking about the disgraceful complicity of every MSM outlet and reporter that has chosen to remain on a site that is an explicitly racist, Nazi cesspool.

It is unconscionable that they have CHOSEN to continue using it as their primary social media platform.

03.12.2025 13:19 — 👍 840    🔁 283    💬 39    📌 6

If you look, this is the first illustration Orwell gives of the degraded state of the people themselves. Reveling in the cold-blooded murder of unarmed people at sea.

02.12.2025 14:23 — 👍 218    🔁 20    💬 0    📌 0
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Thinking a lot about this moment from literally the first chapter of "1984."

02.12.2025 14:19 — 👍 1422    🔁 500    💬 25    📌 29
Headline 

Trump calls Somalis garbage he doesn't want in this country 

President Trump has a history of insulting people from African countries, but the outburst was shocking in its unapologetic bigotry. Vice president, JD Vance banged the table in encouragement

Headline Trump calls Somalis garbage he doesn't want in this country President Trump has a history of insulting people from African countries, but the outburst was shocking in its unapologetic bigotry. Vice president, JD Vance banged the table in encouragement

of course he did

03.12.2025 13:06 — 👍 754    🔁 142    💬 40    📌 49
First page of AI Civil Rights Act.

First page of AI Civil Rights Act.

Table of contents of AI Civil Rights Act.

Table of contents of AI Civil Rights Act.

Y'all, tmrw is a BIG DAY for civil rights and tech. @markey.senate.gov, @repyvetteclarke.bsky.social, @jayapal.house.gov, @pressley.house.gov, & @repsummerlee.bsky.social are introducing the AI Civil Rights Act: the new gold standard AI bill endorsed by 85+ civil society orgs. Pull up a chair.
1/n

02.12.2025 03:19 — 👍 30    🔁 17    💬 1    📌 5

You know how, when a bigtime white collar corporate defense lawyer flips to do pro bono for the good guys, and everyone is like “oh shit, here come the big guns”?

That’s what this is, but for getting a refund on your merchandise purchases.

02.12.2025 17:36 — 👍 5    🔁 2    💬 0    📌 0

@dbrody is following 19 prominent accounts