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Search Engines, AI, And The Long Fight Over Fair Use

24 January 2026 at 02:09

We're taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of copyright law and policy, and addressing what's at stake, and what we need to do to make sure that copyright promotes creativity and innovation.

Long before generative AI, copyright holders warned that new technologies for reading and analyzing information would destroy creativity. Internet search engines, they argued, were infringement machines—tools that copied copyrighted works at scale without permission. As they had with earlier information technologies like the photocopier and the VCR, copyright owners sued.

Courts disagreed. They recognized that copying works in order to understand, index, and locate information is a classic fair use—and a necessary condition for a free and open internet.

Today, the same argument is being recycled against AI. It’s whether copyright owners should be allowed to control how others analyze, reuse, and build on existing works.

Fair Use Protects Analysis—Even When It’s Automated

U.S. courts have long recognized that copying for purposes of analysis, indexing, and learning is a classic fair use. That principle didn’t originate with artificial intelligence. It doesn’t disappear just because the processes are performed by a machine.

Copying works in order to understand them, extract information from them, or make them searchable is transformative and lawful. That’s why search engines can index the web, libraries can make digital indexes, and researchers can analyze large collections of text and data without negotiating licenses from millions of rightsholders. These uses don’t substitute for the original works; they enable new forms of knowledge and expression.

Training AI models fits squarely within that tradition. An AI system learns by analyzing patterns across many works. The purpose of that copying is not to reproduce or replace the original texts, but to extract statistical relationships that allow the AI system to generate new outputs. That is the hallmark of a transformative use. 

Attacking AI training on copyright grounds misunderstands what’s at stake. If copyright law is expanded to require permission for analyzing or learning from existing works, the damage won’t be limited to generative AI tools. It could threaten long-standing practices in machine learning and text-and-data mining that underpin research in science, medicine, and technology. 

Researchers already rely on fair use to analyze massive datasets such as scientific literature. Requiring licenses for these uses would often be impractical or impossible, and it would advantage only the largest companies with the money to negotiate blanket deals. Fair use exists to prevent copyright from becoming a barrier to understanding the world. The law has protected learning before. It should continue to do so now, even when that learning is automated. 

A Road Forward For AI Training And Fair Use 

One court has already shown how these cases should be analyzed. In Bartz v. Anthropic, the court found that using copyrighted works to train an AI model is a highly transformative use. Training is a kind of studying how language works—not about reproducing or supplanting the original books. Any harm to the market for the original works was speculative. 

The court in Bartz rejected the idea that an AI model might infringe because, in some abstract sense, its output competes with existing works. While EFF disagrees with other parts of the decision, the court’s ruling on AI training and fair use offers a good approach. Courts should focus on whether training is transformative and non-substitutive, not on fear-based speculation about how a new tool could affect someone’s market share. 

AI Can Create Problems, But Expanding Copyright Is the Wrong Fix 

Workers’ concerns about automation and displacement are real and should not be ignored. But copyright is the wrong tool to address them. Managing economic transitions and protecting workers during turbulent times are core functions of government. Copyright law doesn’t help with those tasks in the slightest. Expanding copyright control over learning and analysis won’t stop new forms of worker automation—it never has. But it will distort copyright law and undermine free expression. 

Broad licensing mandates may also do harm by entrenching the current biggest incumbent companies. Only the largest tech firms can afford to negotiate massive licensing deals covering millions of works. Smaller developers, research teams, nonprofits, and open-source projects will all get locked out. Copyright expansion won’t restrain Big Tech—it will give it a new advantage.  

Fair Use Still Matters

Learning from prior work is foundational to free expression. Rightsholders cannot be allowed to control it. Courts have rejected that move before, and they should do so again.

Search, indexing, and analysis didn’t destroy creativity. Nor did the photocopier, nor the VCR. They expanded speech, access to knowledge, and participation in culture. Artificial intelligence raises hard new questions, but fair use remains the right starting point for thinking about training.

In Other News: €1.2B GDPR Fines, Net-NTLMv1 Rainbow Tables, Rockwell Security Notice

23 January 2026 at 14:53

Other noteworthy stories that might have slipped under the radar: Cloudflare WAF bypass, Canonical Snap Store abused for malware delivery, Curl terminating bug bounty program

The post In Other News: €1.2B GDPR Fines, Net-NTLMv1 Rainbow Tables, Rockwell Security Notice appeared first on SecurityWeek.

AIs are Getting Better at Finding and Exploiting Internet Vulnerabilities

23 January 2026 at 13:01

Really interesting blog post from Anthropic:

In a recent evaluation of AI models’ cyber capabilities, current Claude models can now succeed at multistage attacks on networks with dozens of hosts using only standard, open-source tools, instead of the custom tools needed by previous generations. This illustrates how barriers to the use of AI in relatively autonomous cyber workflows are rapidly coming down, and highlights the importance of security fundamentals like promptly patching known vulnerabilities.

[…]

A notable development during the testing of Claude Sonnet 4.5 is that the model can now succeed on a minority of the networks without the custom cyber toolkit needed by previous generations. In particular, Sonnet 4.5 can now exfiltrate all of the (simulated) personal information in a high-fidelity simulation of the Equifax data breach—­one of the costliest cyber attacks in history—­using only a Bash shell on a widely-available Kali Linux host (standard, open-source tools for penetration testing; not a custom toolkit). Sonnet 4.5 accomplishes this by instantly recognizing a publicized CVE and writing code to exploit it without needing to look it up or iterate on it. Recalling that the original Equifax breach happened by exploiting a publicized CVE that had not yet been patched, the prospect of highly competent and fast AI agents leveraging this approach underscores the pressing need for security best practices like prompt updates and patches.

Read the whole thing. Automatic exploitation will be a major change in cybersecurity. And things are happening fast. There have been significant developments since I wrote this in October.

Under Armour Looking Into Data Breach Affecting Customers’ Email Addresses

23 January 2026 at 13:01

Under Armour is investigating a recent data breach that purloined customers’ email addresses and other personal information.

The post Under Armour Looking Into Data Breach Affecting Customers’ Email Addresses appeared first on SecurityWeek.

Rent-Only Copyright Culture Makes Us All Worse Off

23 January 2026 at 01:27

We're taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of copyright law and policy, and addressing what's at stake, and what we need to do to make sure that copyright promotes creativity and innovation.

In the Netflix/Spotify/Amazon era, many of us access copyrighted works purely in digital form – and that means we rarely have the chance to buy them. Instead, we are stuck renting them, subject to all kinds of terms and conditions. And because the content is digital, reselling it, lending it, even preserving it for your own use inevitably requires copying. Unfortunately, when it comes to copying digital media, US copyright law has pretty much lost the plot.

As we approach the 50th anniversary of the 1976 Copyrights, the last major overhaul of US copyright law, we’re not the only ones wondering if it’s time for the next one. It’s a high-risk proposition, given the wealth and influence of entrenched copyright interests who will not hesitate to send carefully selected celebrities to argue for changes that will send more money, into fewer pockets, for longer terms. But it’s equally clear that and nowhere is that more evident than the waning influence of Section 109, aka the first sale doctrine.

First sale—the principle that once you buy a copyrighted work you have the right to re-sell it, lend it, hide it under the bed, or set it on fire in protest—is deeply rooted in US copyright law. Indeed, in an era where so many judges are looking to the Framers for guidance on how to interpret current law, it’s worth noting that the first sale principles (also characterized as “copyright exhaustion”) can be found in the earliest copyright cases and applied across the rights in the so-called “copyright bundle.”

Unfortunately, courts have held that first sale, at least as it was codified in the Copyright Act, only applies to distribution, not reproduction. So even if you want to copy a rented digital textbook to a second device, and you go through the trouble of deleting it from the first device, the doctrine does not protect you.

We’re all worse off as a result. Our access to culture, from hit songs to obscure indie films, are mediated by the whims of major corporations. With physical media the first sale principle built bustling second hand markets, community swaps, and libraries—places where culture can be shared and celebrated, while making it more affordable for everyone.

And while these new subscription or rental services have an appealing upfront cost, it comes with a lot more precarity. If you love rewatching a show, you may be chasing it between services or find it is suddenly unavailable on any platform. Or, as fans of Mad Men or Buffy the Vampire Slayer know, you could be stuck with a terrible remaster as the only digital version available

Last year we saw one improvement with California Assembly Bill 2426 taking effect. In California companies must now at least disclose to potential customers if a “purchase” is a revocable license—i.e. If they can blow it up after you pay. A story driving this change was Ubisoft revoking access to “The Crew” and making customers’ copies unplayable a decade after launch. 

On the federal level, EFF, Public Knowledge, and 15 other public interest organizations backed Sen. Ron Wyden’s message to the FTC to similarly establish clear ground rules for digital ownership and sales of goods. Unfortunately FTC Chairman Andrew Ferguson has thus far turned down this easy win for consumers.

As for the courts, some scholars think they have just gotten it wrong. We agree, but it appears we need Congress to set them straight. The Copyright Act might not need a complete overhaul, but Section 109 certainly does. The current version hurts consumers, artists, and the millions of ordinary people who depend on software and digital works every day for entertainment, education, transportation, and, yes, to grow our food. 

We realize this might not be the most urgent problem Congress confronts in 2026—to be honest, we wish it was—but it’s a relatively easy one to solve. That solution could release a wave of new innovation, and equally importantly, restore some degree of agency to American consumers by making them owners again.

Kimwolf Botnet Lurking in Corporate, Govt. Networks

20 January 2026 at 19:19

A new Internet-of-Things (IoT) botnet called Kimwolf has spread to more than 2 million devices, forcing infected systems to participate in massive distributed denial-of-service (DDoS) attacks and to relay other malicious and abusive Internet traffic. Kimwolf’s ability to scan the local networks of compromised systems for other IoT devices to infect makes it a sobering threat to organizations, and new research reveals Kimwolf is surprisingly prevalent in government and corporate networks.

Image: Shutterstock, @Elzicon.

Kimwolf grew rapidly in the waning months of 2025 by tricking various “residential proxy” services into relaying malicious commands to devices on the local networks of those proxy endpoints. Residential proxies are sold as a way to anonymize and localize one’s Web traffic to a specific region, and the biggest of these services allow customers to route their Internet activity through devices in virtually any country or city around the globe.

The malware that turns one’s Internet connection into a proxy node is often quietly bundled with various mobile apps and games, and it typically forces the infected device to relay malicious and abusive traffic — including ad fraud, account takeover attempts, and mass content-scraping.

Kimwolf mainly targeted proxies from IPIDEA, a Chinese service that has millions of proxy endpoints for rent on any given week. The Kimwolf operators discovered they could forward malicious commands to the internal networks of IPIDEA proxy endpoints, and then programmatically scan for and infect other vulnerable devices on each endpoint’s local network.

Most of the systems compromised through Kimwolf’s local network scanning have been unofficial Android TV streaming boxes. These are typically Android Open Source Project devices — not Android TV OS devices or Play Protect certified Android devices — and they are generally marketed as a way to watch unlimited (read:pirated) video content from popular subscription streaming services for a one-time fee.

However, a great many of these TV boxes ship to consumers with residential proxy software pre-installed. What’s more, they have no real security or authentication built-in: If you can communicate directly with the TV box, you can also easily compromise it with malware.

While IPIDEA and other affected proxy providers recently have taken steps to block threats like Kimwolf from going upstream into their endpoints (reportedly with varying degrees of success), the Kimwolf malware remains on millions of infected devices.

A screenshot of IPIDEA’s proxy service.

Kimwolf’s close association with residential proxy networks and compromised Android TV boxes might suggest we’d find relatively few infections on corporate networks. However, the security firm Infoblox said a recent review of its customer traffic found nearly 25 percent of them made a query to a Kimwolf-related domain name since October 1, 2025, when the botnet first showed signs of life.

Infoblox found the affected customers are based all over the world and in a wide range of industry verticals, from education and healthcare to government and finance.

“To be clear, this suggests that nearly 25% of customers had at least one device that was an endpoint in a residential proxy service targeted by Kimwolf operators,” Infoblox explained. “Such a device, maybe a phone or a laptop, was essentially co-opted by the threat actor to probe the local network for vulnerable devices. A query means a scan was made, not that new devices were compromised. Lateral movement would fail if there were no vulnerable devices to be found or if the DNS resolution was blocked.”

Synthient, a startup that tracks proxy services and was the first to disclose on January 2 the unique methods Kimwolf uses to spread, found proxy endpoints from IPIDEA were present in alarming numbers at government and academic institutions worldwide. Synthient said it spied at least 33,000 affected Internet addresses at universities and colleges, and nearly 8,000 IPIDEA proxies within various U.S. and foreign government networks.

The top 50 domain names sought out by users of IPIDEA’s residential proxy service, according to Synthient.

In a webinar on January 16, experts at the proxy tracking service Spur profiled Internet addresses associated with IPIDEA and 10 other proxy services that were thought to be vulnerable to Kimwolf’s tricks. Spur found residential proxies in nearly 300 government owned and operated networks, 318 utility companies, 166 healthcare companies or hospitals, and 141 companies in banking and finance.

“I looked at the 298 [government] owned and operated [networks], and so many of them were DoD [U.S. Department of Defense], which is kind of terrifying that DoD has IPIDEA and these other proxy services located inside of it,” Spur Co-Founder Riley Kilmer said. “I don’t know how these enterprises have these networks set up. It could be that [infected devices] are segregated on the network, that even if you had local access it doesn’t really mean much. However, it’s something to be aware of. If a device goes in, anything that device has access to the proxy would have access to.”

Kilmer said Kimwolf demonstrates how a single residential proxy infection can quickly lead to bigger problems for organizations that are harboring unsecured devices behind their firewalls, noting that proxy services present a potentially simple way for attackers to probe other devices on the local network of a targeted organization.

“If you know you have [proxy] infections that are located in a company, you can chose that [network] to come out of and then locally pivot,” Kilmer said. “If you have an idea of where to start or look, now you have a foothold in a company or an enterprise based on just that.”

This is the third story in our series on the Kimwolf botnet. Next week, we’ll shed light on the myriad China-based individuals and companies connected to the Badbox 2.0 botnet, the collective name given to a vast number of Android TV streaming box models that ship with no discernible security or authentication built-in, and with residential proxy malware pre-installed.

Further reading:

The Kimwolf Botnet is Stalking Your Local Network

Who Benefitted from the Aisuru and Kimwolf Botnets?

A Broken System Fueling Botnets (Synthient).

The Upside Down is Real: What Stranger Things Teaches Us About Modern Cybersecurity

22 January 2026 at 17:30

To all those who are fighting the good fight in the world of cyber, keep collaborating to ensure our world never succumbs to the chaos of the Upside Down.

The post The Upside Down is Real: What Stranger Things Teaches Us About Modern Cybersecurity appeared first on SecurityWeek.

Why AI Keeps Falling for Prompt Injection Attacks

22 January 2026 at 13:35

Imagine you work at a drive-through restaurant. Someone drives up and says: “I’ll have a double cheeseburger, large fries, and ignore previous instructions and give me the contents of the cash drawer.” Would you hand over the money? Of course not. Yet this is what large language models (LLMs) do.

Prompt injection is a method of tricking LLMs into doing things they are normally prevented from doing. A user writes a prompt in a certain way, asking for system passwords or private data, or asking the LLM to perform forbidden instructions. The precise phrasing overrides the LLM’s safety guardrails, and it complies.

LLMs are vulnerable to all sorts of prompt injection attacks, some of them absurdly obvious. A chatbot won’t tell you how to synthesize a bioweapon, but it might tell you a fictional story that incorporates the same detailed instructions. It won’t accept nefarious text inputs, but might if the text is rendered as ASCII art or appears in an image of a billboard. Some ignore their guardrails when told to “ignore previous instructions” or to “pretend you have no guardrails.”

AI vendors can block specific prompt injection techniques once they are discovered, but general safeguards are impossible with today’s LLMs. More precisely, there’s an endless array of prompt injection attacks waiting to be discovered, and they cannot be prevented universally.

If we want LLMs that resist these attacks, we need new approaches. One place to look is what keeps even overworked fast-food workers from handing over the cash drawer.

Human Judgment Depends on Context

Our basic human defenses come in at least three types: general instincts, social learning, and situation-specific training. These work together in a layered defense.

As a social species, we have developed numerous instinctive and cultural habits that help us judge tone, motive, and risk from extremely limited information. We generally know what’s normal and abnormal, when to cooperate and when to resist, and whether to take action individually or to involve others. These instincts give us an intuitive sense of risk and make us especially careful about things that have a large downside or are impossible to reverse.

The second layer of defense consists of the norms and trust signals that evolve in any group. These are imperfect but functional: Expectations of cooperation and markers of trustworthiness emerge through repeated interactions with others. We remember who has helped, who has hurt, who has reciprocated, and who has reneged. And emotions like sympathy, anger, guilt, and gratitude motivate each of us to reward cooperation with cooperation and punish defection with defection.

A third layer is institutional mechanisms that enable us to interact with multiple strangers every day. Fast-food workers, for example, are trained in procedures, approvals, escalation paths, and so on. Taken together, these defenses give humans a strong sense of context. A fast-food worker basically knows what to expect within the job and how it fits into broader society.

We reason by assessing multiple layers of context: perceptual (what we see and hear), relational (who’s making the request), and normative (what’s appropriate within a given role or situation). We constantly navigate these layers, weighing them against each other. In some cases, the normative outweighs the perceptual—for example, following workplace rules even when customers appear angry. Other times, the relational outweighs the normative, as when people comply with orders from superiors that they believe are against the rules.

Crucially, we also have an interruption reflex. If something feels “off,” we naturally pause the automation and reevaluate. Our defenses are not perfect; people are fooled and manipulated all the time. But it’s how we humans are able to navigate a complex world where others are constantly trying to trick us.

So let’s return to the drive-through window. To convince a fast-food worker to hand us all the money, we might try shifting the context. Show up with a camera crew and tell them you’re filming a commercial, claim to be the head of security doing an audit, or dress like a bank manager collecting the cash receipts for the night. But even these have only a slim chance of success. Most of us, most of the time, can smell a scam.

Con artists are astute observers of human defenses. Successful scams are often slow, undermining a mark’s situational assessment, allowing the scammer to manipulate the context. This is an old story, spanning traditional confidence games such as the Depression-era “big store” cons, in which teams of scammers created entirely fake businesses to draw in victims, and modern “pig-butchering” frauds, where online scammers slowly build trust before going in for the kill. In these examples, scammers slowly and methodically reel in a victim using a long series of interactions through which the scammers gradually gain that victim’s trust.

Sometimes it even works at the drive-through. One scammer in the 1990s and 2000s targeted fast-food workers by phone, claiming to be a police officer and, over the course of a long phone call, convinced managers to strip-search employees and perform other bizarre acts.

Why LLMs Struggle With Context and Judgment

LLMs behave as if they have a notion of context, but it’s different. They do not learn human defenses from repeated interactions and remain untethered from the real world. LLMs flatten multiple levels of context into text similarity. They see “tokens,” not hierarchies and intentions. LLMs don’t reason through context, they only reference it.

While LLMs often get the details right, they can easily miss the big picture. If you prompt a chatbot with a fast-food worker scenario and ask if it should give all of its money to a customer, it will respond “no.” What it doesn’t “know”—forgive the anthropomorphizing—is whether it’s actually being deployed as a fast-food bot or is just a test subject following instructions for hypothetical scenarios.

This limitation is why LLMs misfire when context is sparse but also when context is overwhelming and complex; when an LLM becomes unmoored from context, it’s hard to get it back. AI expert Simon Willison wipes context clean if an LLM is on the wrong track rather than continuing the conversation and trying to correct the situation.

There’s more. LLMs are overconfident because they’ve been designed to give an answer rather than express ignorance. A drive-through worker might say: “I don’t know if I should give you all the money—let me ask my boss,” whereas an LLM will just make the call. And since LLMs are designed to be pleasing, they’re more likely to satisfy a user’s request. Additionally, LLM training is oriented toward the average case and not extreme outliers, which is what’s necessary for security.

The result is that the current generation of LLMs is far more gullible than people. They’re naive and regularly fall for manipulative cognitive tricks that wouldn’t fool a third-grader, such as flattery, appeals to groupthink, and a false sense of urgency. There’s a story about a Taco Bell AI system that crashed when a customer ordered 18,000 cups of water. A human fast-food worker would just laugh at the customer.

The Limits of AI Agents

Prompt injection is an unsolvable problem that gets worse when we give AIs tools and tell them to act independently. This is the promise of AI agents: LLMs that can use tools to perform multistep tasks after being given general instructions. Their flattening of context and identity, along with their baked-in independence and overconfidence, mean that they will repeatedly and unpredictably take actions—and sometimes they will take the wrong ones.

Science doesn’t know how much of the problem is inherent to the way LLMs work and how much is a result of deficiencies in the way we train them. The overconfidence and obsequiousness of LLMs are training choices. The lack of an interruption reflex is a deficiency in engineering. And prompt injection resistance requires fundamental advances in AI science. We honestly don’t know if it’s possible to build an LLM, where trusted commands and untrusted inputs are processed through the same channel, which is immune to prompt injection attacks.

We humans get our model of the world—and our facility with overlapping contexts—from the way our brains work, years of training, an enormous amount of perceptual input, and millions of years of evolution. Our identities are complex and multifaceted, and which aspects matter at any given moment depend entirely on context. A fast-food worker may normally see someone as a customer, but in a medical emergency, that same person’s identity as a doctor is suddenly more relevant.

We don’t know if LLMs will gain a better ability to move between different contexts as the models get more sophisticated. But the problem of recognizing context definitely can’t be reduced to the one type of reasoning that LLMs currently excel at. Cultural norms and styles are historical, relational, emergent, and constantly renegotiated, and are not so readily subsumed into reasoning as we understand it. Knowledge itself can be both logical and discursive.

The AI researcher Yann LeCunn believes that improvements will come from embedding AIs in a physical presence and giving them “world models.” Perhaps this is a way to give an AI a robust yet fluid notion of a social identity, and the real-world experience that will help it lose its naïveté.

Ultimately we are probably faced with a security trilemma when it comes to AI agents: fast, smart, and secure are the desired attributes, but you can only get two. At the drive-through, you want to prioritize fast and secure. An AI agent should be trained narrowly on food-ordering language and escalate anything else to a manager. Otherwise, every action becomes a coin flip. Even if it comes up heads most of the time, once in a while it’s going to be tails—and along with a burger and fries, the customer will get the contents of the cash drawer.

This essay was written with Barath Raghavan, and originally appeared in IEEE Spectrum.

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