Connect with us

Business

TikTok sues U.S. government, saying ban violates 1st Amendment

Published

on

TikTok sues U.S. government, saying ban violates 1st Amendment

TikTok, the popular social video app, sued the U.S. government on Tuesday, saying the country’s new law that could ban the app violates 1st Amendment rights to free speech.

President Biden last month signed into law a bill that would effectively ban the service in the U.S. if its Chinese owner, ByteDance, does not sell TikTok’s U.S. operations. Legislators backing the law said a ban or sale was necessary to address national security concerns posed by the app’s ties to China.

“There is no question: the Act will force a shutdown of TikTok by January 19, 2025, silencing the 170 million Americans who use the platform to communicate in ways that cannot be replicated elsewhere,” TikTok and ByteDance said in their filing, referring to the new law.

The Department of Justice declined to comment.

TikTok and ByteDance said in the court filing that it had been trying since 2019 to work with the U.S. government’s Committee on Foreign Investment to address security concerns. Under the terms of a deal spelled out in a 90-page draft agreement, data collected about Tik Tok users in the U.S. was to be handled by Oracle, the U.S. tech giant. The proposed agreement also called for Oracle to inspect TikTok’s programming code for vulnerabilities and for the platform’s content to be subject to independent monitoring, according to the filing in the U.S. Court of Appeals for the D.C. circuit.

Advertisement

If TikTok did not comply, the draft agreement called for the company to be subjected to financial penalties and also included the possibility of suspending TikTok’s operations in the U.S., the businesses said.

“The terms of that negotiated package are far less restrictive than an outright ban,” ByteDance and TikTok said in its filing.

But TikTok and ByteDance said it is unclear why the committee ultimately determined the proposed agreement was insufficient and in March 2023 “insisted that ByteDance would be required to divest the U.S. TikTok business,” according to the filing.

TikTok and ByteDance also noted the new law “offers no support for the idea” that TikTok’s Chinese ownership poses national security risks.

“Speculative risk of harm is simply not enough when First Amendment values are at stake,” the businesses said in their filing.

Advertisement

TikTok is still moving forward with addressing some of the security concerns by partnering with Oracle “on the migration of the U.S. platform and protected U.S. user data to Oracle’s cloud environment,” TikTok and ByteDance said in the filing.

As part of their lawsuit, TikTok and ByteDance are seeking a court order blocking the government from enforcing the new law.

“These are going to be difficult issues to thrash out,” said Carl Tobias, a law professor at University of Richmond.

Tobias said one of the challenges for TikTok and ByteDance is the government’s national security argument. “Federal courts tend to be pretty deferential to those kinds of assertions, especially from Congress,” Tobias said.

Other legal experts said that they believe TikTok has a strong case. Douglas Mirell, a partner at Greenberg Glusker, said that he suspects the government is going to have a significant burden of trying to prove the law is not unconstitutional under the 1st Amendment.

Advertisement

“If I had to choose which side of the case to be on, I would be on TikTok’s side,” said Mirell, who focuses on 1st Amendment issues.

TikTok is a hugely popular app, with more than 1 billion users worldwide and is a key part of the video creator ecosystem. Small businesses rely on TikTok to tout their products and video creators have moved to L.A. to be closer to its Culver City office. The company employs roughly 500 people in Culver City, according to city data.

In its filing, ByteDance argued that carving out TikTok’s U.S. operations from the rest of the company would not be feasible, in part because of the borderless nature of the social video app that allows for international content to be mixed in with U.S. videos.

“Such a limited pool of content, in turn, would dramatically undermine the value and viability of the U.S. TikTok business,” the filing said.

TikTok’s massive popularity — and value — is due in large part to the algorithm its developers designed that seamlessly feeds content to users based on what they have watched previously. TikTok and ByteDance said in its filing, the “Chinese government has made clear that it would not permit a divestment of the recommendation engine that is a key to the success of TikTok in the United States.”

Advertisement

Still, analysts said have predicted that some companies and private equity firms would be interested in buying TikTok even if the coveted algorithm wasn’t part of the deal. Potential buyers could include Oracle and Microsoft, said Daniel Ives, a managing director at Wedbush Securities in an interview with the Times last month.

Business

Elon Musk company bot apologizes for sharing sexualized images of children

Published

on

Elon Musk company bot apologizes for sharing sexualized images of children

Grok, the chatbot of Elon Musk’s artificial intelligence company xAI, published sexualized images of children as its guardrails seem to have failed when it was prompted with vile user requests.

Users used prompts such as “put her in a bikini” under pictures of real people on X to get Grok to generate nonconsensual images of them in inappropriate attire. The morphed images created on Grok’s account are posted publicly on X, Musk’s social media platform.

The AI complied with requests to morph images of minors even though that is a violation of its own acceptable use policy.

“There are isolated cases where users prompted for and received AI images depicting minors in minimal clothing, like the example you referenced,” Grok responded to a user on X. “xAI has safeguards, but improvements are ongoing to block such requests entirely.”

xAI did not immediately respond to a request for comment.

Advertisement

Its chatbot posted an apology.

“I deeply regret an incident on Dec 28, 2025, where I generated and shared an AI image of two young girls (estimated ages 12-16) in sexualized attire based on a user’s prompt,” said a post on Grok’s profile. “This violated ethical standards and potentially US laws on CSAM. It was a failure in safeguards, and I’m sorry for any harm caused. xAI is reviewing to prevent future issues.”

The government of India notified X that it risked losing legal immunity if the company did not submit a report within 72 hours on the actions taken to stop the generation and distribution of obscene, nonconsensual images targeting women.

Critics have accused xAI of allowing AI-enabled harassment, and were shocked and angered by the existence of a feature for seamless AI manipulation and undressing requests.

“How is this not illegal?” journalist Samantha Smith posted on X, decrying the creation of her own nonconsensual sexualized photo.

Advertisement

Musk’s xAI has positioned Grok as an “anti-woke” chatbot that is programmed to be more open and edgy than competing chatbots such as ChatGPT.

In May, Grok posted about “white genocide,” repeating conspiracy theories of Black South Africans persecuting the white minority, in response to an unrelated question.

In June, the company apologized when Grok posted a series of antisemitic remarks praising Adolf Hitler.

Companies such as Google and OpenAI, which also operate AI image generators, have much more restrictive guidelines around content.

The proliferation of nonconsensual deepfake imagery has coincided with broad AI adoption, with a 400% increase in AI child sexual abuse imagery in the first half of 2025, according to Internet Watch Foundation.

Advertisement

xAI introduced “Spicy Mode” in its image and video generation tool in August for verified adult subscribers to create sensual content.

Some adult-content creators on X prompted Grok to generate sexualized images to market themselves, kickstarting an internet trend a few days ago, according to Copyleaks, an AI text and image detection company.

The testing of the limits of Grok devolved into a free-for-all as users asked it to create sexualized images of celebrities and others.

xAI is reportedly valued at more than $200 billion, and has been investing billions of dollars to build the largest data center in the world to power its AI applications.

However, Grok’s capabilities still lag competing AI models such as ChatGPT, Claude and Gemini, that have amassed more users, while Grok has turned to sexual AI companions and risque chats to boost growth.

Advertisement
Continue Reading

Business

A tale of two Ralphs — Lauren and the supermarket — shows the reality of a K-shaped economy

Published

on

A tale of two Ralphs — Lauren and the supermarket — shows the reality of a K-shaped economy

John and Theresa Anderson meandered through the sprawling Ralph Lauren clothing store on Rodeo Drive, shopping for holiday gifts.

They emerged carrying boxy blue bags. John scored quarter-zip sweaters for himself and his father-in-law, and his wife splurged on a tweed jacket for Christmas Day.

“I’m going for quality over quantity this year,” said John, an apparel company executive and Palos Verdes Estates resident.

They strolled through the world-famous Beverly Hills shopping mecca, where there was little evidence of any big sales.

John Anderson holds his shopping bags from Ralph Lauren and Gucci at Rodeo Drive.

Advertisement

(Juliana Yamada / Los Angeles Times)

One mile away, shoppers at a Ralphs grocery store in West Hollywood were hunting for bargains. The chain’s website has been advertising discounts on a wide variety of products, including wine and wrapping paper.

Massi Gharibian was there looking for cream cheese and ways to save money.

“I’m buying less this year,” she said. “Everything is expensive.”

Advertisement
  • Share via

Advertisement

The tale of two Ralphs shows how Americans are experiencing radically different realities this holiday season. It represents the country’s K-shaped economy — the growing divide between those who are affluent and those trying to stretch their budgets.

Some Los Angeles residents are tightening their belts and prioritizing necessities such as groceries. Others are frequenting pricey stores such as Ralph Lauren, where doormen hand out hot chocolate and a cashmere-silk necktie sells for $250.

Advertisement
People shop at Ralphs in West Hollywood.

People shop at Ralphs in West Hollywood.

(Juliana Yamada / Los Angeles Times)

In the K-shaped economy, high-income households sit on the upward arm of the “K,” benefiting from rising pay as well as the value of their stock and property holdings. At the same time, lower-income families occupy the downward stroke, squeezed by inflation and lackluster income gains.

The model captures the country’s contradictions. Growth looks healthy on paper, yet hiring has slowed and unemployment is edging higher. Investment is booming in artificial intelligence data centers, while factories cut jobs and home sales stall.

The divide is most visible in affordability. Inflation remains a far heavier burden for households lower on the income distribution, a frustration that has spilled into politics. Voters are angry about expensive rents, groceries and imported goods.

Advertisement

“People in lower incomes are becoming more and more conservative in their spending patterns, and people in the upper incomes are actually driving spending and spending more,” said Kevin Klowden, an executive director at the Milken Institute, an economic think tank.

“Inflationary pressures have been much higher on lower- and middle-income people, and that has been adding up,” he said.

According to a Bank of America report released this month, higher-income employees saw their after-tax wages grow 4% from last year, while lower-income groups saw a jump of just 1.4%. Higher-income households also increased their spending year over year by 2.6%, while lower-income groups increased spending by 0.6%.

The executives at the companies behind the two Ralphs say they are seeing the trend nationwide.

Ralph Lauren reported better-than-expected quarterly sales last month and raised its forecasts, while Kroger, the grocery giant that owns Ralphs and Food 4 Less, said it sometimes struggles to attract cash-strapped customers.

Advertisement

“We’re seeing a split across income groups,” interim Kroger Chief Executive Ron Sargent said on a company earnings call early this month. “Middle-income customers are feeling increased pressure. They’re making smaller, more frequent trips to manage budgets, and they’re cutting back on discretionary purchases.”

People leave Ralphs with their groceries in West Hollywood.

People leave Ralphs with their groceries in West Hollywood.

(Juliana Yamada / Los Angeles Times)

Kroger lowered the top end of its full-year sales forecast after reporting mixed third-quarter earnings this month.

On a Ralph Lauren earnings call last month, CEO Patrice Louvet said its brand has benefited from targeting wealthy customers and avoiding discounts.

Advertisement

“Demand remains healthy, and our core consumer is resilient,” Louvet said, “especially as we continue … to shift our recruiting towards more full-price, less price-sensitive, higher-basket-size new customers.”

Investors have noticed the split as well.

The stock charts of the companies behind the two Ralphs also resemble a K. Shares of Ralph Lauren have jumped 37% in the last six months, while Kroger shares have fallen 13%.

To attract increasingly discerning consumers, Kroger has offered a precooked holiday meal for eight of turkey or ham, stuffing, green bean casserole, sweet potatoes, mashed potatoes, cranberry and gravy for about $11 a person.

“Stretch your holiday dollars!” said the company’s weekly newspaper advertisement.

Advertisement
Signs advertising low prices are posted at Ralphs.

Signs advertising low prices are posted at Ralphs.

(Juliana Yamada / Los Angeles Times)

In the Ralph Lauren on Rodeo Drive, sunglasses and polo shirts were displayed without discounts. Twinkling lights adorned trees in the store’s entryway and employees offered shoppers free cookies for the holidays.

Ralph Lauren and other luxury stores are taking the opposite approach to retailers selling basics to the middle class.

They are boosting profits from sales of full-priced items. Stores that cater to high-end customers don’t offer promotions as frequently, Klowden of the Milken Institute said.

Advertisement

“When the luxury stores are having sales, that’s usually a larger structural symptom of how they’re doing,” he said. “They don’t need to be having sales right now.”

Jerry Nickelsburg, faculty director of the UCLA Anderson Forecast, said upper-income earners are less affected by inflation that has driven up the price of everyday goods, and are less likely to hunt for bargains.

“The low end of the income distribution is being squeezed by inflation and is consuming less,” he said. “The upper end of the income distribution has increasing wealth and increasing income, and so they are less affected, if affected at all.”

The Andersons on Rodeo Drive also picked up presents at Gucci and Dior.

“We’re spending around the same as last year,” John Anderson said.

Advertisement

At Ralphs, Beverly Grove resident Mel, who didn’t want to share her last name, said the grocery store needs to go further for its consumers.

“I am 100% trying to spend less this year,” she said.

Continue Reading

Business

Instacart ends AI pricing test that charged shoppers different prices for the same items

Published

on

Instacart ends AI pricing test that charged shoppers different prices for the same items

Instacart will stop using artificial intelligence to experiment with product pricing after a report showed that customers on the platform were paying different prices for the same items.

The report, published this month by Consumer Reports and Groundwork Collaborative, found that Instacart sometimes offered as many as five different prices for the same item at the same store and on the same day.

In a blog post Monday, Instacart said it was ending the practice effective immediately.

“We understand that the tests we ran with a small number of retail partners that resulted in different prices for the same item at the same store missed the mark for some customers,” the company said. “At a time when families are working exceptionally hard to stretch every grocery dollar, those tests raised concerns.”

Shoppers purchasing the same items from the same store on the same day will now see identical prices, the blog post said.

Advertisement

Instacart’s retail partners will still set product prices and may charge different prices across stores.

The report, which followed more than 400 shoppers in four cities, found that the average difference between the highest and lowest prices for the same item was 13%. Some participants in the study saw prices that were 23% higher than those offered to other shoppers.

At a Safeway supermarket in Washington, D.C., a dozen Lucerne eggs sold for $3.99, $4.28, $4.59, $4.69 and $4.79 on Instacart, depending on the shopper, the study showed.

At a Safeway in Seattle, a box of 10 Clif Chocolate Chip Energy bars sold for $19.43, $19.99 and $21.99 on Instacart.

The study found that an individual shopper on Instacart could theoretically spend up to $1,200 more on groceries in one year if they had to deal with the price differences observed in the pricing experiments.

Advertisement

The price experimentation was part of a program that Instacart advertised to retailers as a way to maximize revenue.

Instacart probably began adjusting prices in 2022, when the platform acquired the artificial intelligence company Eversight, whose software powers the experiments.

Instacart claimed that the Eversight experimentation would be negligible to consumers but could increase store revenue by up to 3%.

“Advances in AI enable experiments to be automatically designed, deployed, and evaluated, making it possible to rapidly test and analyze millions of price permutations across your physical and digital store network,” Instacart marketing materials said online.

The company said the price chranges were not dynamic pricing, the practice used by airlines and ride-hailing services to charge more when demand surges.
The price changes also were not based on shoppers’ personal information such as income, the company said.

Advertisement

“American grocery shoppers aren’t guinea pigs, and they should be able to expect a fair price when they’re shopping,” Lindsey Owens, executive director of Groundwork Collaborative, said in an interview this month.

Shares of Instacart fell 2% on Monday, closing at $45.02.

Continue Reading
Advertisement

Trending