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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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Meta is reportedly working on smart glasses that would be recording all the time

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Meta is reportedly working on smart glasses that would be recording all the time

Meta might be the next company to make an always-on AI wearable. The company is working on prototype “super sensing” always-aware smart glasses that could continuously record audio and snap photos “every few seconds,” according to the Financial Times. The wearer could then ask Meta AI about the captured audio and images.

However, the images and audio might not be directly available to the user. Here’s how the FT describes one way the glasses could use the data:

In one proposed system, raw footage and audio would not be stored by Meta or made available to the user, several people said. Instead, the metadata from that audio and images would be extracted and uploaded to the server for Meta’s AI to query, which proponents argue would have fewer privacy implications.

But currently, Meta is planning for the LED recording indicator to remain off in “super sensing” mode, the FT reports. In a July 2025 whitepaper, the company said that it would reserve the LED indicator for “active capture” scenarios where the user is saving photos or videos, and leave it off during “AI Feature” use — such as scanning a menu — to avoid users becoming too used to the indicator. (If the indicator was on during the “super sensing” mode, it might also be harder to know when the glasses are actually recording video.)

Meta is also discussing if it would use the captured data for training its AI models. It may also bring the “super sensing” features to glasses it has already released, the FT says.

“While we don’t comment on internal prototypes, we’re committed to getting our glasses right because they need to be loved by both people wearing them and those around them,” Meta spokesperson Dave Arnold says in a statement to The Verge. Arnold also notes that “Our approach has been to develop new technologies that will help people throughout their day, with privacy built in from the ground up.”

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Meta hasn’t been shy about some type of always-aware glasses being a possibility. CEO Mark Zuckerberg, in the company’s Q1 2026 earnings call, said that he was “really excited to see the glasses evolve from being able to answer questions to being able to be a personal agent that’s with you all day long, helping you remember things and achieve your goals.” In a March blog post about new Ray-Ban Meta glasses, the company wrote that “with ongoing software updates, Meta AI on glasses will transition from something you have to prompt with a question each time, to a more continuous, in-the-moment assistant that can help throughout the day.”

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Get a $30 credit when you reserve Samsung’s upcoming Galaxy phones

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Get a  credit when you reserve Samsung’s upcoming Galaxy phones

Even though they haven’t been officially announced yet, Samsung is giving you a chance to save some cash when you preorder what we’re expecting to be the brand’s updated Galaxy Z Fold phones. The next Galaxy Unpacked event will take place on July 22nd, 2026, and features the tagline “A new shape unfolds.” In addition to seeing updated versions of the existing Flip and Fold form factors, we anticipate the debut of a new, wider foldable phone. If you register your interest ahead of time and end up preordering one of the new phones shortly after they’re announced, Samsung will give you a $30 store credit at checkout.

There are some caveats to this offer. You have to use the credit when you preorder the phone. No saving it for later. Also, the credit can’t be applied to the cost of the phone either, so you’ll have to put it towards the cost of accessories or extra services. Samsung specifically calls out that select Galaxy rings, earbuds, watches, and tablets are eligible, or you can use it to help pay for Samsung Care Plus.

There are no downsides to registering your interest, so if you think you might be interested in buying one of the upcoming phones, it’s worth filling out the form. As long as you use the same email during checkout, the credit will be automatically applied.

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Apple AI security update proves hackers move fast

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Apple AI security update proves hackers move fast

NEWYou can now listen to Fox News articles!

A security update rarely feels dramatic. You see the alert, promise yourself you will install it later and then go right back to whatever you were doing. This time, Apple is giving you a stronger reason to pay attention.

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Apple released iOS 26.5.2, iPadOS 26.5.2 and macOS Tahoe 26.5.2 on June 29, 2026. The updates include security fixes for vulnerabilities tied to the kernel, WebKit and WebRTC. Apple says these fixes were first made available through the iOS 26.6, iPadOS 26.6 and macOS Tahoe 26.6 betas before being pushed out early to everyone.

That is the part that should make you pause. Apple usually rolls many security fixes into larger software updates. This time, the company moved faster.

AI IS NOW POWERING CYBERATTACKS, MICROSOFT WARNS

Apple pushed out security fixes early because AI can help hackers study software flaws faster. (Nikolas Kokovlis/NurPhoto via Getty Images)

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Why Apple released this AI security update early

Apple reportedly accelerated the updates because artificial intelligence can help speed the creation of malicious hacking tools. Once a fix appears in a beta, attackers may be able to study it, reverse-engineer the weakness and move faster than before.

Apple said there was no evidence that the newly patched vulnerabilities had been exploited. Still, the company wanted to shrink the time between when fixes were first visible and when they reached your devices.

That is a major shift. It suggests Apple sees AI as a force that changes the timing of security. A flaw that once gave defenders more breathing room may now become a race.

What Apple fixed in iOS 26.5.2

Apple’s iOS 26.5.2 and iPadOS 26.5.2 notes list fixes for iPhone 11 and later, along with several supported iPad models. The security content includes kernel vulnerabilities that could let an app crash the system, corrupt kernel memory or leak sensitive kernel state.

The update also fixes multiple WebKit issues. WebKit powers Safari and web content inside many apps. Some of these flaws involved malicious web content that could lead to crashes, memory corruption, data leaks or sandbox escapes.

Apple also fixed WebRTC issues that could be triggered by malicious web content and lead to Safari or process crashes.

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For Mac, Apple lists macOS Tahoe 26.5.2 as the current release. If your Mac runs macOS Sonoma or macOS Sequoia, Apple also lists Safari 26.5.2 as a June 29, 2026, security release.

A woman uses a smartphone outside an Apple Store on June 20, 2026, in Shenzhen, Guangdong Province, China. (Cheng Xin/Getty Images)

Why AI hacking tools change the security race

AI can help legitimate researchers find bugs faster. That is good when the work leads to stronger software and responsible disclosure. However, the same general capability can also help bad actors move faster. A criminal does not need to understand every line of code if an AI tool can help summarize a patch, compare software changes or suggest where a weakness may be hiding.

That is why Apple’s move is important. It shows that big tech companies may need to release security fixes sooner and more often, even when those updates do not include flashy new features. The wider AI world adds pressure here. Frontier AI companies have released or tested systems with stronger coding and cybersecurity capabilities. Some models are available only through limited previews, approved access or extra safeguards because of their potential cyber use.

Similar efforts are also emerging outside the United States. Several international AI labs and security companies now promote models designed to find vulnerabilities, analyze code and assist cyber defense. The takeaway for you isn’t that AI is automatically bad. The real point is speed. Security teams, attackers and AI tools are now moving on a shorter clock.

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How to update your iPhone or iPad

Before you update, plug in your device and connect to Wi-Fi. You may also want to back up your iPhone or iPad first.

Then do this: Open Settings > General > Software Update > Download and Install.

After the update finishes, go back to Settings > General > Software Update > Automatic Updates. Make sure automatic updates are turned on. Apple also lets your device automatically install system file updates that improve security without changing the full software version. If you do not see the update right away, check again later. Apple releases updates in stages, and your device also needs enough battery and storage.

How to update your Mac

On a Mac, start with a backup. Then click the Apple menu > System Settings > General > Software Update . Choose Update Now if macOS Tahoe 26.5.2 appears.

Next, check your background update settings. On macOS Tahoe 26 or later, go to Apple menu > System Settings > General > Software Update . Click the More Info button next to Automatic Updates and make sure Install system data files and security updates is turned on.

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If your Mac runs Sonoma or Sequoia, look for Safari 26.5.2 in Software Update as well. That Safari update may be the protection your Mac needs if you are not on Tahoe.

BEWARE OF HACKERS SHOWING UP PRETENDING TO BE IT

What this Apple security update means to you

You may see more security updates that feel sudden or small. That can be annoying, especially when you are busy or your device needs to restart.

Still, these updates are becoming more important. Apple is reacting to a world where AI can help shorten the time between a public fix and a possible attack.

So, when your iPhone, iPad or Mac asks you to update, do not treat it like background noise. The update may be closing a door someone else is already trying to find.

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Updating your iPhone, iPad and Mac helps close security holes before attackers get more time to exploit them. (Katharina Kausche/picture alliance via Getty Images)

How to stay safe after the Apple security update

Installing the Apple AI security update is the best first move. After that, tighten a few habits that make attacks harder.

1) Keep your apps updated

Your operating system is only part of the security picture. Outdated apps can still create risk, especially if they handle messages, web links, photos, files or account logins. Open the App Store and install available updates regularly.

2) Watch out for suspicious links

Be careful with links in texts, emails and social media messages. WebKit and browser flaws are a reminder that malicious web content can be part of an attack. When in doubt, open the official app or website yourself instead of tapping a link.

3) Use strong passwords and two-factor authentication

Use strong, unique passwords for every account and store them in a password manager. Then turn on two-factor authentication (2FA) wherever possible. If one password gets exposed, you do not want it opening the door to your email, bank or Apple account.

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4) Use strong antivirus protection

Use strong antivirus protection on your Mac and other connected devices. It can help catch malicious files, phishing attempts and suspicious activity before they do damage. Get my picks for the best 2026 antivirus protection winners for your Windows, Mac, Android and iOS devices at CyberGuy.com.

5) Back up your data regularly

Back up your iPhone, iPad and Mac before problems hit. A recent backup can help you recover faster if an update fails, your device gets stolen or malware locks you out of important files. CyberGuy’s guide to backing up your devices walks you through ways to protect your files using cloud storage, an external drive or both.

6) Use a personal data removal service

Use a personal data removal service to reduce how much of your personal information is floating around online. Data brokers and people-search sites can expose your name, address, phone number and relatives. Scammers can use those details to make phishing messages feel more believable. Check out my top picks for data removal services and get a free scan to find out if your personal information is already out on the web by visiting CyberGuy.com.

Kurt’s key takeaways

Apple’s early security release shows how fast the cyber threat landscape is changing. The company says there is no evidence these newly patched flaws were exploited, but it still moved the fixes out before the wider 26.6 release. That tells me the old habit of waiting weeks to update is getting riskier. AI can help defenders, but it can also help criminals study weaknesses faster. My advice is direct: update your Apple devices now, turn on automatic security updates and stop putting off patches that protect the phone and computer you use every day.

Do you think AI will make your devices safer because companies can find flaws faster, or more vulnerable because hackers can move faster too? Let us know by writing to us at CyberGuy.com.

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Automatic updates, strong passwords and a personal data removal service can make you a harder target after the update. (Silas Stein/picture alliance via Getty Images)

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