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TikTok makes its First Amendment case

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TikTok makes its First Amendment case

TikTok says that the government didn’t adequately consider viable alternative options before charging ahead with a law that could ban the platform in the US. TikTok, whose parent company ByteDance is based in China, claims that it provided the US government with an extensive and detailed plan to mitigate national security risks and that this plan was largely ignored when Congress passed a law with a huge impact on speech.

In briefs filed at the DC Circuit Court on Thursday, both TikTok and a group of creators on the platform who’ve filed their own suit spelled out their case for why they believe the new law violates the First Amendment. The court is set to hear oral arguments in the case on September 16th, just a few months before the current divest-or-ban deadline of January 19th, 2025.

The Protecting Americans from Foreign Adversary Controlled Applications Act would effectively ban TikTok from operating in the US unless it divests from ByteDance by the deadline. The president has the option to extend that deadline slightly if he sees progress toward a deal. But spinning out TikTok is not entirely simple, given the limited pool of possible buyers and the fact that Chinese export law would likely prevent a sale of its coveted recommendation algorithm.

But lawmakers who supported the legislation have said that divestiture is necessary to protect national security — both because they fear that the Chinese government could access US user information due to the company’s China-based ownership and because they fear ByteDance could be pressured by the Chinese government to tip the scales on the algorithm to spread propaganda in the US. TikTok denies that either is happening or could happen in the future, saying its operations are separate from ByteDance’s.

The broad strokes of TikTok’s arguments have already been laid out in the complaints. But the new filings provide a more extensive look into how TikTok engaged the US government over several years with detailed plans of how it thought it could mitigate national security concerns while continuing its operations.

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In an appendix, TikTok submitted hundreds of pages of communications with the US government, including presentations the company gave to the Committee on Foreign Investment in the US (CFIUS) when it was evaluating national security risks of its ownership setup. One deck explains the basics of how its algorithm figures out what to recommend to users to watch next, as well as a detailed plan to mitigate risk of US user data being improperly accessed. It goes as far as to include a floor plan of a “Dedicated Transparency Center,” through its collaboration with Oracle, where a specific group of employees in TikTok’s US data operations could access the source code in a secure computing environment. According to the slide deck, no ByteDance employees would be allowed in the space.

TikTok called the law “unprecedented,” adding, “[n]ever before has Congress expressly singled out and shut down a specific speech forum. Never before has Congress silenced so much speech in a single act.”

Courts usually apply a standard known as strict scrutiny in these kinds of speech cases — the government must have a compelling interest in restricting the speech, and the restriction must be narrowly tailored to achieve its aim.

TikTok claims that Congress has left the court “almost nothing to review” when scrutinizing “such an extraordinary speech restriction.” The company says Congress failed to produce findings to justify its reasoning behind the law, leaving only the statements of individual members of Congress for the court to go off of. (Many of those statements are included in an appendix filed by TikTok.)

“There is no indication Congress even considered TikTok Inc.’s exhaustive, multi-year efforts to address the government’s concerns that Chinese subsidiaries of its privately owned parent company, ByteDance Ltd., support the TikTok platform—concerns that would also apply to many other companies operating in China,” TikTok wrote in its brief. Lawmakers received classified briefings ahead of their votes, which some said impacted or solidified their final position on the bill. But the public still does not have access to the information in those briefings, although some lawmakers have pushed to declassify them.

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The company also said that CFIUS, which was tasked with evaluating its risk mitigation plan in the first place, did not provide a substantive explanation for why it took such a hard line on divestment in March 2023. TikTok claims that when it explained why divestment wasn’t possible and asked to meet with government officials, it received “no meaningful responses.” CFIUS and the DOJ did not immediately respond to requests for comment.

TikTok has said it’s already implemented much of its plans voluntarily through its $2 billion Project Texas

The text of the draft National Security Agreement that TikTok presented to CFIUS was included in an appendix that was filed in court. The draft included proposed changes like the creation of TikTok US Data Security Inc., a subsidiary that would be tasked with managing operations involving US user data, as well as heavy oversight by the agencies that make up CFIUS. TikTok has said it’s already implemented much of its plans voluntarily through its $2 billion Project Texas. Still, recent reporting has raised questions about how effective that project really is for national security purposes. In a report in Fortune from April, former TikTok employees said the project was “largely cosmetic” and that workers still engage with China-based ByteDance executives.

Terrence Clark, a spokesperson for the Justice Department, said in an emailed statement to The Verge that the agency and intelligence officials have “consistently warned about the threat of autocratic nations that can weaponize technology — such as the apps and software that run on our phones – to use against us. This threat is compounded when those autocratic nations require companies under their control to turn over sensitive data to the government in secret.”

Regardless, the court will have to consider whether the US government should have considered a less speech-restrictive route to achieving its national security aims, and TikTok says it should have. “In short, Congress reached for a sledgehammer without even considering if a scalpel would suffice,” TikTok wrote in its brief. “It ordered the closure of one of the largest platforms for speech in the United States and left Petitioners — and the public —to guess at the reasons why a wide range of less speech-restrictive alternatives were disregarded. The First Amendment demands much more.”

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Trump administration bars former EU official and anti-disinformation and hate researchers from US

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Trump administration bars former EU official and anti-disinformation and hate researchers from US

On Tuesday, the Trump Administration followed through on a threat of retaliation targeting foreigners who are involved in content moderation. The State Department announced sanctions barring US access for former EU commissioner Thierry Breton, as well as four researchers, while issuing an intentionally chilling threat to others, with Secretary of State Marco Rubio claiming, “The State Department stands ready and willing to expand today’s list if other foreign actors do not reverse course.”

One of the researchers the State Department says is banned and now deportable, is Imran Ahmed, who runs the Center for Countering Digital Hate (CCDH), an organization aimed at identifying and pushing back against hate speech online that Elon Musk tried and failed to censor with a lawsuit that was dismissed in early 2024. In his decision, Judge Charles Breyer wrote that X’s motivation for suing was to “punish CCDH for CCDH publications that criticized X Corp. — and perhaps in order to dissuade others.”

The other researchers include Anna-Lena von Hodenberg and Josephine Ballon, leaders of HateAid, a nonprofit that tried to sue X in 2023 for “failing to remove criminal antisemitic content,” as well as Clare Melford, leader of the Global Disinformation Index, which works on “fixing the systems that enable disinformation.”

The press release announcing the sanctions is titled “Announcement of Actions to Combat the Global Censorship-Industrial Complex,” the claimed target of Republicans like House Judiciary Committee leader Jim Jordan, as they’ve worked against attempts to apply fact-checking and misinformation research to social networks. Earlier this month, Reuters reported the State Department ordered US consulates to consider rejecting H-1B visa applicants involved in content moderation, and a few days ago, the Office of the US Trade Representative threatened retaliation against European tech giants like Spotify and SAP over supposedly “discriminatory” activity in regulating US tech platforms.

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Android Sound Notifications help you catch key alerts

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Android Sound Notifications help you catch key alerts

NEWYou can now listen to Fox News articles!

Staying aware of your surroundings matters. That includes hearing smoke alarms, appliance beeps or a knock at the door. Still, real life gets busy. You wear headphones. You get focused. Sounds slip by. That is where Android Sound Notifications help. This built-in accessibility feature listens for key sounds and sends an alert to your screen. Think of it as a gentle tap on the shoulder when something important happens.

Although it was designed to help people who are hard of hearing, it is useful for anyone. If you work with noise-canceling headphones or often miss alerts at home, this feature can make a real difference.

Now, if you use an iPhone, here’s how Apple’s Sound Recognition can alert you to alarms and other key sounds on your device. 

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Android Sound Notifications alert you when important sounds happen around you.  (Kurt “CyberGuy” Knutsson)

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What Sound Notifications do on Android

Sound Notifications use your phone’s microphone to listen for specific sounds nearby. When it detects one, it sends a visual alert. You will see a pop-up, feel a vibration and may even see the camera flash.

By default, Android can detect sounds like:

  • Smoke alarms
  • Fire alarms
  • Sirens
  • Door knocks
  • Doorbells
  • Appliance beeps
  • A landline phone ringing
  • Running water
  • A baby crying
  • A dog barking

That range makes the feature practical at home or at work. Even better, you control which sounds matter to you.

Why this feature is worth using

Here is the simple truth. You cannot hear everything all the time. Distractions happen. Headphones block sound. Focus takes over. Sound Notifications fill that gap. While you stay locked into a task, your phone keeps listening. When something important happens, you still get the message. As a result, you worry less about missing alarms or visitors. You gain awareness without extra effort.

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How to turn on Sound Notifications

Getting started only takes a minute. Note: We tested these steps on a Samsung Galaxy S24 Ultra running the latest version of Android. Menu names and locations may differ slightly on other Android phones, depending on the manufacturer and software version.

  • Open the Settings app
  • Go to Accessibility
  • Tap Hearing enhancements
  • Select Sound Notifications
  • Turn the feature on

Turning on Sound Notifications only takes a few taps in Android’s Accessibility settings. (Kurt “CyberGuy” Knutsson)

When you enable Sound Notifications for the first time, Android will ask how you want to start the feature. Choose the option that works best for you:

  • Tap the button in the quick settings panel
  • Tap the Accessibility button
  • Press the Side and Volume Up buttons
  • Press and hold the Volume Up and Volume Down buttons for three seconds

After you select a shortcut, Click Ok.  Then, Sound Notifications will start listening in the background.

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If you do not see the option, install the Live Transcribe & Notifications app from the Play Store. You can enable Sound Notifications from there. Once active, your phone listens for selected sounds and alerts you when it detects one. 

Choose which sounds trigger alerts

Not every sound deserves your attention. Thankfully, Android lets you fine-tune alerts.

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Settings may vary depending on your Android phone’s manufacturer

  • Go back to Settings
  • Tap Accessibility
  • Click Hearing enhancements
  • Tap Sound Notifications
  • Click Open Sound Notifications. This opens the actual Sound Notifications control screen.
  • On the Sound Notifications screen, tap Settings or the gear icon in the top corner
  • Tap Sound types

You will now see the full list of detectable sounds.

  • Toggle on the sounds you want alerts for, such as smoke alarms or doorbells
  • Toggle off sounds you do not want, like dog barking or appliance beeps, if they are not important to you

You can choose exactly which sounds trigger alerts, helping you avoid unnecessary interruptions. (Kurt “CyberGuy” Knutsson)

Check the sound history log

Sound Notifications keep a log of detected sounds. This helps if you were away from your phone and want to see what happened.

You can also save sounds and name them. That makes it easier to tell the difference between your washer finishing and your microwave timer.

The log adds context, which makes alerts more helpful.

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Teach your phone custom sounds

Android does not stop at presets. You can train it to recognize sounds unique to your space.

Maybe your garage door has a distinct tone. Maybe an appliance uses a nonstandard beep. You can record it once, and your phone will listen for it going forward. To add a custom sound:

Settings may vary depending on your Android phone’s manufacturer

  • Open Sound Notifications
  • Tap the gear icon
  • Select Custom sounds
  • Tap Add sound
  • Hit Record

Record a clear 20-second clip. The better the audio, the better detection works later.

Customize how alerts appear

By default, Sound Notifications use vibration and the camera flash. That visual cue is helpful for urgent alerts. However, not every sound needs that level of attention. You can adjust how alerts appear based on importance.

Settings may vary depending on your Android phone’s manufacturer

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  • Open Sound Notifications
  • Open the gear icon
  • Tap Ways to be notified
  • From there, choose which alerts vibrate, flash or stay subtle

This flexibility keeps the feature working for your routine.

Your privacy stays on your phone

It is reasonable to question constant listening. Here is the key detail. Sound Notifications process audio locally on your device. Sounds never leave your phone. Nothing gets sent to Google. The only exception is if you choose to include audio with feedback. That design keeps the feature private and secure.

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Think your devices and data are truly protected? Take this quick quiz to see where your digital habits stand. From passwords to Wi-Fi settings, you’ll get a personalized breakdown of what you’re doing right and what needs improvement. Take my Quiz here: Cyberguy.com.

Kurt’s key takeaways

Android Sound Notifications quietly solve a real problem. They help you stay aware when your ears cannot. Setup is fast. Controls are flexible. Privacy stays intact. Once you turn it on, you may wonder how you lived without it.

What important sound have you missed lately that your phone could have caught for you? Let us know by writing to us at Cyberguy.com.

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How Last Samurai Standing adds kinetic action to the Battle Royale formula

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How Last Samurai Standing adds kinetic action to the Battle Royale formula

Last Samurai Standing begins with a familiar premise. Desperate samurai dispossessed by the restoration of the emperor enter into a deadly game for a life-changing cash prize — all for the entertainment of anonymous elites. Unlike its inspirations Battle Royale and Squid Game, however, Last Samurai Standing’s violence is chaotic, fast-paced, and kinetic, though it hides a careful choreography that makes the series a more electric proposition than its predecessors.

Viewers have Junichi Okada to thank for that. As well as starring in and producing Last Samurai Standing, he serves as the series’ action planner. Many will be familiar with the results of an action planner’s work — sometimes called an action director, elsewhere a “coordinator,” and even “choreographer” — though perhaps not what the role entails. In the case of Last Samurai Standing, it’s a role that touches on nearly every aspect of the production, from the story to the action itself.

“I was involved from the script stage, thinking about what kind of action we wanted and how we would present it in the context of this story,” Okada tells The Verge. “If the director [Michihito Fujii] said, ‘I want to shoot this kind of battle scene,’ I would then think through the content and concept, design the scene, and ultimately translate that into script pages.”

The close relationship between the writer and director extends to other departments, too. Though an action planner’s role starts with managing fight scenes and stunt performers, they also liaise with camera, wardrobe, makeup, and even editorial departments to ensure fight scenes cohere with the rest of the production.

Image: Netflix

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It’s a role which might appear a natural progression for Okada, who is certified to teach Kali and Jeet Kune Do — a martial art conceived by Bruce Lee — and holds multiple black belts in jiujitsu. Though the roots of his progression into action planning can be traced back further, to 1995 when he became the youngest member of J-pop group V6.

“Dance experience connects directly to creating action,” he says. “[In both] rhythm and control of the body are extremely important.” Joining V6 at the age of 15, that experience has made Okada conscious of how he moves in relation to a camera during choreography, how he is seen within the structure of a shot, and, critical to action planning, how to navigate all of that safely from a young age.

That J-pop stardom also offered avenues into acting, initially in roles you might expect for a young pop star: comic heartthrobs and sitcom sons. But he was steadily able to broaden his output. A starring turn in Hirokazu Kore-eda’s Hana followed, as did voice acting in Studio Ghibli’s Tales From Earthsea and From Up on Poppy Hill. A more telling departure was a starring role in 2007’s SP, in which he played a rookie in a police bodyguard unit, for which he trained for several years under shootfighting instructor Yorinaga Nakamura.

“What I care about is whether audiences feel that ‘this man really lives here as a samurai.’”

In the years since, Okada has cemented himself as one of Japan’s most recognizable actors, hopping between action starring roles in The Fable to sweeping period epics like Sekigahara. Those two genres converge in his Last Samurai Standing role of Shujiro, a former Shogunate samurai now reduced to poverty, working through his PTSD and reckoning with his bloodthirsty past in the game. These days, it’s less of a concern that the character butts up against his past idol image, he suggests. “What I care about is whether audiences feel that ‘this man really lives here as a samurai.’”

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For Okada’s work on Last Samurai Standing, as both producer and action planner, that involved lacing high-octane but believable action with the respect for history and character studies of the period dramas he loves. “Rather than being 100 percent faithful to historical accuracy,” he adds, “my goal was to focus on entertainment and story, while letting the ‘DNA’ and beauty of Japanese period drama gently float up in the background.”

A focus on what he defines as “‘dō’ — movement,” pure entertainment that “never lets the audience get bored” punctuated — with “‘ma,’” the active emptiness that connects those frenetic moments. Both can be conversations, even if one uses words and another communicates dialogue through sword blows. This is most apparent when Shujiro faces his former comrade Sakura (Yasushi Fuchikami) inside a claustrophobic bank vault that serves as a charnel house for the game’s less fortunate contestants.

“The whole battle is divided into three sequences,” Okada says. The first starts with a moment of almost perfect stillness, a deep breath, before the two launch into battle. “A fight where pride and mutual respect collide,” he says, “and where the speed of the techniques reaches a level that really surprises the audience.” It’s all captured in one, zooming take with fast, tightly choreographed action reminiscent of Donnie Yen and Wu Jing in Kill Zone.

So intense is their duel that both shatter multiple swords. The next phase sees them lash out in a more desperate and brutal manner with whatever weapons they find. Finally, having fought to a weary stalemate, the fight becomes, Okada concludes, “a kind of duel where their stubbornness and will are fully exposed” as they hack at each other with shattered blades and spear fragments.

A still image from the Netflix series Last Samurai Standing.

Image: Netflix

It’s a rhythm that many fights in Last Samurai Standing follow, driven by a string of physical and emotional considerations that form the basis of an action planner’s tool kit: how and why someone fights based on who they are and their environment. Here it is two former samurai in an elegant and terrifyingly fast-paced duel. Elsewhere we see skill matched against brutality, or inexperience against expertise.

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“I define a clear concept for each sequence,” Okada says, before he opens those concepts up to the broader team. From there, he might add notes, but in Last Samurai Standing, action is a collaborative affair. “We keep refining,” he says. “It’s a back-and-forth process of shaping the sequence using both the ideas the team brings and the choreography I create myself.”

There is a third factor which Okada believes is the series’ most defining. “If we get to continue the story,” he says, “I’d love to explore how much more we can lean into ‘sei’ — stillness, and bring in even more of a classical period drama feel.”

As much of a triumph of action as Last Samurai Standing is, its quietest moments are the ones that stay with you. The charged looks between Shujiro and Iroha (Kaya Kiyohara) or their shuddering fright when confronted with specters of their past. Most of all, Shujiro watching his young ward, Futaba Katsuki (Yumia Fujisaki), dance before a waterlogged torii as mist hovers. These pauses are what elevate and invigorate the breathless action above spectacle.

The pauses are also emblematic of the balance that Last Samurai Standing strikes between its period setting and pushing the boundaries of action, all to inject new excitement into the genre. “Japan is a country that values tradition and everything it has built up over time. That’s why moments where you try to update things are always difficult,” Okada says. “But right now, we’re in the middle of that transformation.”

That is an evolution that Okada hopes to support through his work, both in front of and behind the camera. If he can create avenues for new generations of talent to carry Japanese media to a broader audience and his team to achieve greater success on a global stage, “that would make me very happy,” he says. “I want to keep doing whatever I can to help make that possible.”

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The first season of Last Samurai Standing is streaming on Netflix now, and a second season was just confirmed.

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