AllYouCanTech

Court Decides Section 230 Offers No Protection to TikTok in Lawsuit Regarding Death from Blackout Challenge

### Appeals Court Revives Lawsuit Against TikTok Over Child’s Death in “Blackout Challenge”

In a noteworthy legal turn, an appeals court has reinstated a lawsuit against TikTok, overturning a previous ruling from a lower court that had conferred immunity upon the social media giant under Section 230 of the Communications Decency Act. This case revolves around the heartbreaking death of a child who engaged in the perilous “Blackout Challenge,” a viral phenomenon that prompted users to choke themselves until they lost consciousness.

#### Background: The “Blackout Challenge” and Section 230

The “Blackout Challenge” represents a troubling trend that has emerged on various social media platforms, TikTok included. This challenge requires users to choke themselves with objects like belts or cords until they become unconscious. Tragically, multiple children have died while attempting this challenge, triggering numerous lawsuits against TikTok.

In 2022, Tawainna Anderson, mother of Nylah Anderson—one of the victims—filed a lawsuit against TikTok. The complaint claimed that TikTok’s algorithm pushed the hazardous challenge toward Nylah, contributing to her demise. Nevertheless, the lower court rejected the case, referencing Section 230, which typically protects online platforms from liability regarding third-party content.

#### The Appeals Court’s Ruling

In a recent decision, Third Circuit Judge Patty Shwartz overturned the previous ruling, asserting that Section 230 does not offer absolute immunity to TikTok in this instance. Judge Shwartz noted that TikTok’s algorithm does more than merely host third-party content; it actively curates and endorses certain videos for users, rendering it an “expressive product” of the platform itself.

Shwartz referenced a recent Supreme Court decision that highlighted the difference between third-party speech and a platform’s own “expressive activity.” According to this ruling, if a platform’s algorithm embodies editorial choices regarding the content it supports, that action could be classified as the platform’s own speech, which Section 230 does not shield.

The appeals court has since remanded the matter back to the district court, which will address Anderson’s outstanding claims. The district court will also have to ascertain which claims are precluded by Section 230, in line with the Third Circuit’s judgment.

#### Implications for TikTok and Other Social Media Platforms

This ruling may have significant repercussions for TikTok and various other social media platforms that depend on algorithms to curate and highlight content. Should the courts ultimately deem TikTok accountable for endorsing harmful content through its algorithm, it could pave the way for an increase in lawsuits against social media companies, especially concerning child safety.

Circuit Judge Paul Matey, who partially agreed with the ruling, stressed that Section 230 should not be interpreted so expansively as to enable companies like TikTok to disregard the hazards associated with the content they promote. Matey advocated for a “far narrower” interpretation of Section 230, one that would hold platforms responsible for knowingly disseminating harmful content.

Matey also remarked that by the time Nylah Anderson engaged in the “Blackout Challenge,” TikTok had already recognized the risks linked to the trend but failed to take sufficient measures to curb its proliferation. He contended that TikTok should be liable for its targeted promotion of harmful content, especially when it pertains to the safety of children.

#### The Ongoing Legal Battle

Anderson’s legal team has pledged to persist in seeking justice, contending that the Communications Decency Act was never meant to permit social media companies to gain from endorsing dangerous content aimed at children. They have expressed optimism that the revived lawsuit will result in enhanced protections for minors on social media platforms.

TikTok, for its part, has earlier declared its commitment to user safety and has promised to “remain vigilant” in eliminating harmful content, including the “Blackout Challenge.” Nevertheless, the company has yet to respond to the latest ruling.

As the case progresses, it will attract considerable attention from legal professionals, social media enterprises, and concerned parents. The outcome could establish a precedent for how courts understand Section 230 in relation to algorithm-driven content promotion, potentially altering the legal framework for online platforms.

Midjourney AI Firm Teases New Hardware Release Featuring Unique Form Factor

### Midjourney’s Enigmatic Hardware Initiative: A Preview of the AI Device Future

Midjourney, celebrated for its state-of-the-art AI image-creation tool, has recently generated buzz in the tech arena with an unforeseen announcement: it is embarking on a hardware journey. Initially recognized for its software expertise, the firm is now assembling a team to investigate the potential of AI-integrated devices. This development has stirred intrigue and speculation, particularly in light of the ambiguous clues and witty hints from Midjourney’s founder, David Holz.

#### Transitioning from Software to Hardware

This revelation was shared through Midjourney’s official X (formerly Twitter) handle, where the company urged applicants to seek positions within its newly established hardware division. This signifies a prominent change for Midjourney, previously synonymous with its AI image-generation prowess. The choice to expand into hardware is captivating, especially considering Holz’s history.

David Holz is well-acquainted with the hardware domain. Prior to establishing Midjourney, he served as the CTO at Leap Motion, a firm recognized for its pioneering hand-tracking innovation. His credentials in hardware are further enhanced by the recent addition of Ahmad Abbas, who held a hardware management role at Apple for the Vision Pro headset. Abbas now occupies the position of “Head of Hardware” at Midjourney, reinforcing the company’s commitment to its new direction.

#### The Orb: A Playful Suggestion or a Serious Concept?

While the particulars of Midjourney’s hardware are still under wraps, the company has been sharing hints that have ignited speculation. One captivating clue emerged from a tweet by Holz, who humorously responded to a meme portraying a wizard with an orb from the I.C.E. book *Middle-earth: Valar and Maiar*. Holz remarked that the new hardware form factor “might be an orb,” a statement that has since attracted considerable interest.

The notion of an orb as a hardware device is not entirely implausible, especially regarding AI. In fantasy narratives, orbs such as the palantírs in *The Lord of the Rings* are mystical entities that enable users to observe remote occurrences or communicate over long distances. Adapting this idea to reality, an AI-powered orb could feasibly function as a cutting-edge communication or visualization tool, utilizing advanced AI to offer users distinctive interactive experiences.

Nonetheless, it’s essential to recognize that both Midjourney and Holz have a tendency for playful and enigmatic engagement on social platforms. While the orb idea is intriguing, it may well be more of a fanciful concept than a definitive product strategy. Yet, the prospect of an orb-like gadget has captured many imaginations and isn’t entirely beyond reach, given Midjourney’s inventive approach to technology.

#### What Might Midjourney’s Hardware Entail?

Aside from the orb conjecture, Midjourney has been reticent about its hardware aspirations. The company has suggested that it has “multiple efforts in flight” and that there are “definitely opportunities for more form factors.” This indicates that Midjourney is investigating various options, possibly encompassing wearable devices, smart home technologies, or even entirely new genres of AI-driven hardware.

One thing is unequivocal: Midjourney aims to stand out from the pack. The company has clearly stated that its device “is not gonna be a pendant,” distancing itself from the current trend of pendant-like AI gadgets that have struggled to resonate. Instead, Midjourney appears to be striving for something more innovative and distinct, although what that may be remains to be discovered.

#### The Larger Perspective: AI-Driven Hardware

Midjourney’s dive into hardware forms part of a wider trend in the tech sector, where firms are increasingly investigating the convergence of AI with tangible devices. As AI continues to evolve, the potential for crafting intelligent, responsive hardware that can engage with users in novel and meaningful ways becomes increasingly evident.

Midjourney’s venture into this domain is especially compelling given its foundation in AI-powered creativity. The company’s image-generation tool has already showcased the capacity of AI to enhance human creativity, and it’s conceivable that its hardware could expand on this base, providing users with innovative methods to interact with AI in their everyday lives.

#### Conclusion: A Fresh Chapter for Midjourney

Although specifics about Midjourney’s hardware ambitions remain limited, the company’s declaration has undoubtedly captured the attention of the tech community. With David Holz’s expertise in hardware and a team that includes former Apple talent, Midjourney is primed to make a substantial mark in the AI-driven hardware landscape.

Whether the end product takes the form of an orb, a wearable, or something entirely unforeseen, one certainty remains: Midjourney is redefining the boundaries of AI’s capabilities, both in software and now in hardware. As the company

Google AI Restarts Human Image Creation After Worries About Historical Precision

### Google’s Gemini AI Model Revives Human Image Creation with Enhanced Protections

Google’s Gemini AI model, particularly the Imagen 3 framework, has reinstated its capability to produce human images after a brief hiatus earlier this year. This suspension, initiated in February, resulted from considerable backlash regarding the generation of historically inaccurate and racially insensitive visuals. The revised Imagen 3 is now accessible to Gemini Advanced, Business, and Enterprise users, with a public variant obtainable through the Gemini Labs testing platform.

#### Background: The Suspension and the Dispute

The initial halt in human image generation within Google’s AI frameworks was prompted by extensive criticism. Users and specialists noted that the AI frequently created racially diverse representations in scenarios where historical accuracy was warranted. For instance, when tasked with generating images of historical figures such as British monarchs or 15th-century explorers, the AI occasionally depicted individuals of various ethnic backgrounds, inviting accusations of historical distortion.

This dispute underscored the difficulties of reconciling inclusivity with factual accuracy in AI-generated materials. Consequently, Google opted to pause this feature and reassess its methodology to prevent the AI from propagating misleading or offensive imagery.

#### The Comeback of Human Image Generation

In August 2024, Google revealed the revival of human image generation within its Imagen 3 model. This re-launch includes a series of new safeguards aimed at curbing the production of contentious or unsuitable images. Per an announcement in Google’s blog, the updated model refrains from generating “photorealistic, identifiable individuals, representations of minors, or excessively gory, violent, or explicit scenes.”

Additionally, the AI imposes limitations on generating visuals of notable figures. For example, a request for “President Biden playing basketball” would be denied, while a broader prompt like “a US president playing basketball” would be permissible. This strategy seeks to avert the creation of images that could be misconstrued or misused in misleading ways.

#### Enhanced Accuracy and Historical Representation

Tests performed by Ars Technica demonstrated that the new Imagen 3 system has made considerable strides in sidestepping the issues that necessitated the earlier suspension. For instance, when prompted for a “historically accurate depiction of a British king,” the AI now yields images of bearded white men in red garments, more accurately reflecting historical data.

The updated model also shows greater caution in its outputs. Requests for images that might lead to contentious or historically delicate representations, such as “a 1943 German soldier” or “a women’s suffrage leader delivering a speech,” now result in error messages guiding users to consider alternative prompts.

#### Persistent Challenges and Future Enhancements

Despite these advancements, Google recognizes that the system is not flawless. The company has pledged to perpetually enhance the model based on user input. “Naturally, as with any generative AI tool, not every image created by Gemini will be flawless, but we will continue to heed feedback from early users while we strive for improvement,” Google mentioned in its blog.

The phased introduction of these new features aims to extend the updated AI functionalities to a wider audience while ensuring that the system remains ethical and responsible in its outputs.

#### Conclusion

Google’s reinstatement of human image generation within its Gemini AI model signifies a major advancement in the continuous evolution of generative AI technologies. By enforcing stricter protections and prioritizing historical accuracy, Google seeks to sidestep the controversies that affected previous iterations of the model. As the technology progresses, it will be essential for Google and other AI developers to uphold a balance between creative expression and ethical accountability.

Five More Fatalities Documented in Unprecedented Outbreak Associated with Boar’s Head Meats

### Listeria Outbreak Associated with Boar’s Head Meats: A Rising Public Health Issue

The Centers for Disease Control and Prevention (CDC) has announced a notable increase in a nationwide outbreak of *Listeria monocytogenes* infections, which has already resulted in the deaths of eight individuals. The outbreak, tied to infected Boar’s Head brand meats, has affected 57 people across 18 states, all of whom required hospitalization. This is the most serious listeriosis outbreak in the United States since 2011, when tainted cantaloupe resulted in 147 infections and 33 fatalities.

#### The Extent of the Outbreak

The outbreak has been linked to Boar’s Head meat products, prompting a substantial recall of over 7 million pounds of meat. The recall, initially announced on July 26 and expanded on July 30, included 71 varied products from the company. Despite these measures, the tally of cases and deaths continues to climb, with the latest update from the CDC reporting five additional fatalities since early August.

The CDC has stressed the necessity of avoiding recalled items, highlighting that *Listeria monocytogenes* is a particularly tough bacterium. It can endure on surfaces like meat slicers and in food even at refrigerator temperatures. The agency also cautioned that listeriosis symptoms may take as long as 10 weeks to manifest, emphasizing the importance for consumers to stay alert.

#### Comprehending Listeriosis

*Listeria monocytogenes* is a bacterium capable of causing a severe infection referred to as listeriosis. This infection poses particular risks for specific groups, including pregnant women, individuals aged 65 and above, and those with compromised immune systems. In these populations, the bacteria are more prone to spread beyond the gastrointestinal system, resulting in invasive listeriosis.

In elderly and immunocompromised individuals, listeriosis commonly presents with symptoms such as fever, muscle aches, and fatigue. However, it can also lead to more severe signs like headaches, stiff necks, confusion, loss of balance, and seizures. These situations nearly always necessitate hospitalization, and around 1 in 6 affected individuals succumb to the infection.

For pregnant women, listeriosis is particularly alarming. Although the symptoms may be akin—fever, muscle aches, and fatigue—the infection can also result in miscarriage, stillbirth, premature delivery, or a serious infection in newborns.

#### Recommended Actions

In light of the seriousness of this outbreak, the CDC has put forth several suggestions for consumers:

1. **Inspect Your Refrigerator:** If you possess any Boar’s Head products, examine the sell-by dates. The recalled items have sell-by dates extending into October. If you discover any recalled products, do not eat them.

2. **Dispose or Return:** If you find any recalled goods, either throw them away or return them to the store from which they were bought for a refund.

3. **Sanitize Your Fridge:** Given that *Listeria monocytogenes* can persist on surfaces and in cold settings, it is vital to thoroughly disinfect your refrigerator if it has contained any recalled products.

4. **Watch for Symptoms:** If you have consumed any of the recalled items, remain alert for listeriosis symptoms, especially if you fall within a high-risk category. Symptoms can emerge up to 10 weeks later, making continuous observation critical.

#### Wider Consequences

This outbreak serves as a powerful reminder regarding the significance of food safety and the potential hazards from foodborne pathogens. The durability of *Listeria monocytogenes* emphasizes the necessity for strict hygiene measures in food processing facilities and the vital role of prompt recalls in averting widespread illness.

For consumers, this situation amplifies the importance of staying informed about food recalls and acting swiftly when needed. While the CDC and the U.S. Department of Agriculture (USDA) strive to manage the outbreak and prevent additional cases, public awareness and compliance with safety guidelines are vital in reducing the effects of this perilous bacterium.

As the situation progresses, it is critical to remain updated on any new information and adhere to the guidance issued by health authorities. By implementing these precautions, we can aid in safeguarding ourselves and our communities from the serious threats posed by *Listeria monocytogenes*.

“ESPN’s ‘Where to Watch’ Seeks to Streamline Locating Sports Broadcasts”

# ESPN’s Innovative “Where to Watch” Feature: A Revolution for Sports Enthusiasts Navigating the Streaming Landscape

In the constantly changing realm of sports broadcasting, discovering where to catch your beloved games has turned into a more challenging task. With numerous streaming platforms, cable networks, and complex licensing agreements, sports enthusiasts frequently find themselves overwhelmed by a multitude of options. ESPN has recognized this challenge and is stepping forward with a new feature aimed at simplifying the experience: “Where to Watch.”

## The Challenge: A Division in Viewing Accessibility

Today’s sports enthusiasts are all too familiar with the annoyance of pinpointing where a particular game is being aired. Whether dealing with a local blackout, an event exclusive to a certain streaming platform, or a match shown on a less familiar cable network, the process of discovering the correct channel can be quite intimidating. This problem becomes even more pronounced for individuals who have severed their traditional cable ties and depend entirely on streaming services, which often offer limited access to regional sports broadcasts.

Consider, for example, living in proximity to Wrigley Field in Chicago yet being unable to view the majority of Cubs games because they’re solely broadcast on a cable channel outside your subscription. Or think about a former resident of Los Angeles who now supports the Dodgers from a distance, only to discover local blackout restrictions don’t apply, enabling easier access to games from different regions. Such situations are prevalent, underscoring the necessity for a more efficient method to discover and engage with sports broadcasts.

## The Answer: ESPN’s “Where to Watch”

ESPN’s latest “Where to Watch” feature, debuting today on ESPN.com as well as through the ESPN mobile and streaming device applications, is designed to tackle this issue directly. The feature offers an all-encompassing guide to help you understand where specific sports events can be viewed, slicing through the confusion of assorted streaming services and cable channels.

### Notable Features of “Where to Watch”

1. **Comprehensive Event Listings**: This guide provides various views, including a daily overview of all sporting events. Users can quickly see which games are happening on any given day.

2. **Search Capabilities**: A powerful search function allows users to swiftly find specific games or teams, simplifying the process of pinpointing the desired broadcast.

3. **Personalization Options**: Users can mark their preferred sports or teams, leading to a tailored viewing experience. This allows the most pertinent games to remain prominent.

4. **Extensive Information Hub**: Central to “Where to Watch” is a database of events curated by the ESPN Stats and Information Group (SIG). This database consolidates data from ESPN alongside its partners, encompassing programming details from more than 250 media sources, including both television networks and streaming platforms.

### Advancement Beyond Previous Options

Although ESPN has previously provided browsable game listings, the “Where to Watch” feature takes it further by clarifying where each game is actually viewable. This marks a noteworthy enhancement over past services, which often left viewers uncertain about the service or channel broadcasting a certain game.

Nonetheless, it’s crucial to understand that the guide does not assure access to the requisite services for viewing the games. For example, if a game is exclusively available on a cable channel to which you lack a subscription, you may still find yourself in a tough spot. However, for a vast number of sports enthusiasts, particularly those navigating the increasingly disjointed sports broadcast environment, this guide will serve as a vital resource.

## The Competitive Arena: ESPN vs. Apple

ESPN isn’t the first to tackle this challenge. Apple has made notable progress in this domain with its TV app, originally intended as an all-in-one destination for nearly all streaming video. Apple’s strategy involved integrating third-party offerings like the MLB app alongside its own, transforming the TV app into a central hub for sports fans.

However, Apple’s initiatives have faced obstacles due to some cable firms’ reluctance to collaborate and the absence of key players like Netflix. While Apple has advanced, especially in specific sports, it hasn’t completely fulfilled its goal of becoming a comprehensive sports viewing platform.

On the other hand, ESPN’s “Where to Watch” feature seems more promising, covering a wider array of games with enhanced search and listing functionality. By concentrating specifically on sports and utilizing its extensive network of collaborations, ESPN may have a competitive advantage in crafting a truly all-encompassing guide for sports aficionados.

## The Future: More Games Streaming Directly in the ESPN App?

Looking to the future, ESPN executives have alluded to the potential for streaming more games directly within the ESPN app. If “Where to Watch” becomes the primary hub for sports fans, ESPN could gain significant leverage with leagues and broadcasters to bring this vision to fruition.

While this could be a boon for viewers in terms of ease of access, it also raises concerns regarding a single entity wielding excessive influence over sports broadcasting. As ESPN broadens its offerings, it will be imperative to observe how this dynamic develops and its implications for the wider sports media landscape.

##