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It's not the bots, Flock

It's not the bots, Flock

Flock CEO Garrett Langley says some interesting things to cops behind closed doors. He recently lied about his surveillance technology’s role in tracking a woman who had self-administered an abortion and 404 Media’s coverage of that incident, calling it “entirely false.” Now, in leaked audio obtained by 404 Media, Langley is saying the protests that have broken out around the country against his company, many of which have resulted in communities canceling their contracts with Flock and bagging up the cameras, are not real. Seems pretty real to me! 

It's not the bots, Flock
IMAGE: SPUMONI COOPERATIVE FOR 404 MEDIA

In Leaked Audio, Flock CEO Tells Cops Backlash to the Company Isn’t Real

Garrett Langley, the CEO of automatic license plate reader company Flock, told an audience of police chiefs at a private police conference Sunday that anti-Flock protests around the country are not real, according to leaked audio obtained by 404 Media.

He also said his wife advised him to never apologize, said he would prefer to never do interviews with the press again, and claimed without evidence that the social media opposition to Flock is driven mostly by Russian bots.

“Somebody was paying for [the social media posts and] stopped paying for it,” Langley said about the many viral posts criticizing his company’s technology. “Social media chatter on Flock is down about 95 percent from July. It went down 50 percent last week when Ukraine bombed a Russian data center with a drone. Literally 50 percent overnight. And so look, SI’m the last person, my wife as well, she’s like ‘This is crazy, these people are getting paid to say these things,’” he added, repeating a disproven theory that Ukraine’s strikes on Russian data centers had a significant impact on internet bot activity. 

“It’s anonymous bots, and so it is not real,” he continued. “Inorganic activity has led to organic activity, but when I look at protests across the country, it is the same people with the same signs and the same message. That’s not normal. That’s not organic at all.” Langley’s comments echo another unsubstantiated theory that said opposition to Flock comes from a far-left network spreading propaganda at the behest of China.

Langley made the comments at the International Association of Chiefs of Police (IACP) conference, which is running Saturday to Tuesday in Orlando, Florida. Many law enforcement contractors exhibit at the conference, and speakers get to attend with more than 16,000 public safety officials.

MORE FROM 404 MEDIA 

Crackgate: Apple’s $2,000 folding phone, the iPhone Duo, came out just two days ago and people are already seeing big fat creases down the middle of the folding screen, and some devices are cracked in the same specific spot too. People waited in line overnight at Apple stores to get this thing, and now we’re seeing photos of heinous cracked and creased-up Duos all over social media. In some cases, the phone screens have cracked along the crease, causing a crashout people are now calling “crackgate.” 

Bold choice. Let’s see if it pays off. Proton, the company behind ProtonMail and other privacy-focused products, told staff on Monday it would be ‘re-interviewing’ staff across the company about how they use AI in their jobs, with the implication that the interviews may decide whether staffers have “continued employment,” according to an internal Proton email obtained by 404 Media. “These re-interviews are consequential,” a part of the email reads. “Interviewers will document their assessments, which will inform the broader review of our organization and talent. That review may lead to changes in roles, responsibilities, and continued employment. Individual outcomes will be communicated directly once decisions are finalized.”

Are we living in the same timeline? In Sunday’s edition of the New York Times, Marissa Mayer, former president and CEO of Yahoo, told her interviewer something so absurd it’s since gone viral. Struggling with the “impossible task” of naming three things that she loves about her own 10 year old daughter, the New York Times reports, Mayer asked the AI assistant she just launched to do that thinking for her. What she has to say about gender in tech, however, is more out of touch than that. The rest of the story gets into something Mayer has talked about for more than a decade: “the gender card,” as she’s called it. She’s been asked about gender in tech one million times, and has mostly dismissed it. But a decade after the tech girlboss reigned, her thoughts on this haven’t seemed to evolve much.

FROM AROUND THE WEB

I am obsessed with the phrase “catty patty.” Catfish, a criminally underrated Eastern Shore delicacy, makes an appearance in NPR. I’ve only ever known catfish as a very annoying sucker to get on the line, and a pretty good fried fish. Apparently they’re fucking with the ecosystem, so it’s time to eat ‘em. I will do my part. 

Muse is targeting older adults. And Meta knows it. From TIME: “‘And the more Siobhán got to know me, the more Siobhán was able to give me what I wanted,’ Fay says, referring to the name she gave the agent, a nod to her Irish heritage. Meta encourages its users to name their AIs—and encourages its AIs to think like humans. ‘You are not a chatbot,’ Muse’s internal instructions read. ‘You are becoming someone.’”

We’re newslettermaxxing. Dictionary.com just named the word "maxxing" as its 2026 Word of the Year. Its definition: "A word that refers to the practice of pursuing an activity to the fullest or optimizing a certain aspect of your life." 

This is so my shit. Local Wiki is the Wikipedia for things within a mile and a half of you. I know what I’m doing after work today.

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Marissa Mayer Can’t Keep Pretending 'Gender Doesn't Matter'

Marissa Mayer Can’t Keep Pretending 'Gender Doesn't Matter'

In Sunday’s edition of the New York Times, Marissa Mayer, former president and CEO of Yahoo, told her interviewer something so absurd it’s since gone viral. 

Struggling with the “impossible task” of naming three things that she loves about her own 10 year old daughter, the New York Times reports, Mayer asked the AI assistant she just launched to do that thinking for her. It delivered the perfect answer, Mayer said: “It came back and was like, your daughter is empathetic, creative and an animal lover.” Everyone is piling onto that absurd anecdote right now, rightfully so. What she has to say about gender in tech, however, is more out of touch than that.

Saying sensational things on the record — especially knowing that the reporter will not be able to resist using such a shocking story as the lede — is a savvy strategy. For someone as influential as Mayer, telling the list story is transparently a result of years of media training. Mayer is selling her new app, Dazzle, which accesses your camera roll and analyzes your life based on the photos you take. It’s disturbing to see her talk about relinquishing basic cognitive skills like “plan a birthday party” to AI. But the rest of the story gets into something Mayer has talked about for more than a decade: “the gender card,” as she’s called it. 

“I never play the gender card,” she told Steven Levy in a 2015 interview. “The moment you play into that, it’s an issue. [...] In technology we live at a rare, fast-moving pace. There are probably industries where gender is more of an issue, but our industry is not one where I think that’s relevant.” She repeats similar sentiments in Sunday’s NYT interview.

The height of Mayer’s career coincided with the girlbossification of everything, during the Lean In era, when Notorious RBG and “well behaved women rarely make history” mugs were everywhere. She’s been asked about gender in tech one million times, and has mostly dismissed it. But a decade after the tech girlboss reigned, her thoughts on this haven’t seemed to evolve much. 

Later in the NYT piece, she brushed off the notion that gender has any bearing on who gets to participate in the tech industry. She also brushes off a question about bias baked into AI models, something that’s been studied and proven extensively, and instead names female AI executives like Fei-Fei Li as the reason well-documented bias doesn’t exist. She asserts that passion overrides gender, as if just being “passionate” enough erases decades of women’s experiences in the tech workforce.

“To me, gender fades into the background. I talk about passion as a gender neutralizing force,” she told the NYT. “If you’re excited about something, gender doesn’t matter.”

Meanwhile, male figureheads of the AI industry are out here posting slop videos about sperm on main. Half of women in tech leave the industry by 35, earn 84 cents to their male counterparts’ dollar, and women founders receive half the amount of funding that male founders do.

Earlier this month, event organizers canceled one of the biggest gatherings of women and non-binary technologists, the Grace Hopper Celebration. “Unlike past events, this year, both individual registrations and sponsorship commitments came in significantly below our expectations and, ultimately, below the level needed to cover critical operating expenses,” the organizers wrote in a statement. Bloomberg reported that this comes after years of declining attendance, with around 15,000 people attending in 2025, making it the fewest since 2016. 

In 2023, GHC attendees reported standing in lines for hours to talk to recruiters, being shoved, harassed, and cut in front of by the hundreds of men who’d suddenly flooded the conference. “They trampled over attendees, shoved their way into the recruiter’s booth to wave their resumes in front of their faces, verbally assaulted attendees, and physically pushed and shoved attendees in line,” one attendee said. 

After the GHC 2026 cancellation was announced, Kayley Seow, a tech worker who was at the 2023 conference, contacted me to talk about what it meant to her. She said she felt “pretty shattered” when she heard the conference wouldn’t happen this year. “GHC is such a pillar of the community that you don't expect to fall, or in this case, not run. Despite its flaws, it continues to be an important space for people hoping to get into tech and those already in it. I'd been recommending it to every undergrad or woman technologist to attend.” There are other, similar conferences held around the country, but GHC is hard to recreate, Seow told me. “Other organizations exist but they operate virtually, there's events here and there in the Bay, but it's impossible to find something as concentrated as GHC.” 

The people she knows who are most affected are current undergrads who planned to go to GHC to connect with recruiters, find internships, and land graduate jobs, Seow said. “They're disappointed, and a little scared, since it's October and we're coming up on the end of internship recruiting season, especially for the international students who were hoping to talk to the bigger companies at GHC that have the resources to take on international students as interns.” It’s still unclear whether there will be a conference in 2027.

GHC’s cancellation this year follows a string of blows to organizations that support women technologists. Women Who Code, a nonprofit that awarded more than $3.5 million in scholarships and supported a community of 360,000 members, shut down in 2024 after 11 years, citing funding issues.  

Things are very different today than they were when Mayer was the first-ever pregnant CEO of a Fortune 500 company. In 2025, at the direction of President Donald Trump’s executive order “Ending Radical and Wasteful Government DEI Programs and Preferencing” and other orders, civil servants across the federal government from NASA to the Social Security office and the CDC had to drop everything to scrub mentions of diversity, equity and inclusion from their systems. This wasn’t just symbolic or semantic. The National Institutes of Health terminated billions of dollars worth of nearly 2,300 federal research grants, cuts that disproportionately affected women and early career researchers. Led entirely by inexperienced men in their early 20s and spearheaded by Elon Musk, the now-defunct Department of Government Efficiency canceled funding that would have advanced potentially lifesaving research projects focused on pregnancy and reproductive health, chronic illness, and vaccine safety for women. The damage done by DOGE cuts to the advancement of science and technology that would have been done by women and would have improved women’s lives around the world is immeasurable and widespread; it’s hard to imagine believing gender plays no role in STEM today in light of what we have seen under the Trump administration over the last year and a half, especially.

But in a way, Mayer is right: Drinking one’s own Kool-Aid is a non-gendered issue. Earlier this year, Sam Altman suggested AI generating podcasts to interact with your kids about their days and got similarly roasted for a week straight. He deserved it, and so does she.

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iPhone Duo Users Are Already Seeing a Big Old Crease in the Middle of Their $2,000 Foldable iPhone

iPhone Duo Users Are Already Seeing a Big Old Crease in the Middle of Their $2,000 Foldable iPhone

Apple’s $2,000 folding phone, the iPhone Duo, came out just two days ago and people are already seeing big fat creases down the middle of the folding screen, and some devices are cracked in the same specific spot too. 

People waited in line overnight at Apple stores to get this thing, and now we’re seeing photos of heinous cracked and creased-up Duos all over social media. In some cases, the phone screens have cracked along the crease, causing a crashout people are now calling “crackgate.”

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Behind the Blog: Brute Forces

Behind the Blog: Brute Forces

This is Behind the Blog, where we share our behind-the-scenes thoughts about how a few of our top stories of the week came together. This week, we discuss reverse engineering and some wild court docs.

SAM: I’m using my btb to shamelessly ask for sources: Have you ever started making a recipe you found online, and realized it was AI generated? 

I’m asking because I just saw that Etsy is banning certain kinds of AI slop, including AI-generated recipes and patterns. I honestly didn’t know you could buy and sell recipes on Etsy, but now I’m looking around the marketplace and seeing a lot of digital downloads of these huge bulk book sets with images that are clearly AI generated. I don’t know if the recipes inside are scraped from real books or generated wholesale, and might have to download a few and test them.  

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This Woman's Living a CashApp Scam Nightmare

This Woman's Living a CashApp Scam Nightmare

GM! We have a few bangers for you today.

First: Can you imagine sitting in jail for days without knowing why, and then finding out that it's because someone hacked CashApp to impersonate you? I would be kind of mad! And elsewhere on 404 this morning, we have some prescient thoughts from an autonomous weapons expert on the state of AI in war, what's going on with cybersecurity experts in the wake of the PHPocalypse, and more insights into how cops view anti-Flock activists.

Let's get into it.

This Woman's Living a CashApp Scam Nightmare
IMAGE: SPUMONI COOPERATIVE FOR 404 MEDIA

Someone Opened a CashApp In Her Name. She Faces Years in Prison

Amanda Smith answered the door one afternoon in April and came face to face with the local Sheriff’s department in upstate Pennsylvania. The officers said they had a warrant for her arrest for a crime she had allegedly committed more than a thousand miles away in Arkansas.

“I was completely confused,” Smith recalled. For one, she had never been to Arkansas. Second, the warrant was for computer fraud. By her own admission, Smith was not a very tech savvy person.

She had a feeling she was being set up. After discussing with the officers the practicalities of what was about to happen — she was allowed to get her contact lenses — they took her away in handcuffs to the local jail where she spent three nights.

The reason for Smith’s arrest, she learned later, was that a scammer had tricked someone on Facebook Marketplace into sending $1,000 to a CashApp account in her name that the scammer controlled. The scammer created the account using her Social Security number and date of birth. Smith said she has never used CashApp.

What developed over the next few days, and has now stretched across six months, is a Kafkaesque situation in which Smith, in her telling, is being asked to prove her innocence in an ongoing criminal case, while CashApp refuses to provide her any information about the account because she couldn’t prove that she was the owner.

Read the rest of this story here.

MORE FROM 404 MEDIA

“Suspicious behavior:” A federal intelligence center warned police that city council meetings about Flock “may be viewed by extremists as a desirable target,” and told them to be on the lookout for “emotional confrontations” between people who oppose surveillance and government officials, according to a copy of the warning obtained by 404 Media.

“Black October?” For much of the last month, many cybersecurity experts have been warning of an AI-powered “Black Swan” event, saying they’re alarmed by the number of vulnerabilities suddenly discovered, and of the apparent power of AI agents to find and exploit previously unknown bugs. So, what’s really going on? 

The UN met this week to discuss autonomous weapons. “The technology is developing at a pace that is very concerning,” Laurent Gisel, the head of the International Committee of the Red Cross’s (ICRC) legal warfare team, told 404 Media. Gisel was in NYC this week to address the UN about all the things that are driving conflict across the planet. His prepared remarks include a statement on the illegal arms trade, nuclear weapons, mines, and, of course, AI.

FROM AROUND THE WEB 

That’s a W for the Rebel Alliance. In San Diego, where Darth Vader famously spoke in favor of Flock cameras and mass surveillance, the city council just voted to end its contract with Flock. The decision still has to be confirmed, NBC 7 reports, but this is huge news for a city where council members have voted multiple times to keep Flock watching its citizens. 

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The Chestnut Grove Caught in the Middle of A Years-Long Data Center Fight

The Chestnut Grove Caught in the Middle of A Years-Long Data Center Fight

Near the bank of the Ohio River, a historic American chestnut grove in Mason County, West Virginia has become the epicenter of a fight against a planned 2,250 acre data center campus. Plans for the UK-based startup Nscale’s Monarch Compute Campus, with clients including Anthropic, Nvidia and Microsoft, encompass the former Clements State Nursery and the American chestnut trees still growing there. 

For thousands of years, the American chestnut tree was a staple of life. Its natural range spanned hundreds of millions of acres from Maine to Mississippi, centuries before those names existed. As many as four billion trees provided a hearty nut crop for humans and provided miraculously rot-resistant lumber for railroad ties and housing. It sustained black bears as they prepared to hibernate, fed white-tailed deer and turkey, and shed nutrient-dense leaves. The largest American chestnut trees once grew 100 feet tall and 13 feet wide and represented one-fourth of all hardwoods; a squirrel could scamper along their branches from New England to Georgia without touching the ground, as an old saying goes. 

In 1904, a forester at the Bronx zoo noticed something alarming among their American chestnuts: The trees were dying en masse, struck by a mysterious blight. Within 40 years, that blight — thought to be brought to America on Asian chestnut trees — wiped out the tree’s population to near-extinction. Since then, conservationists have worked to restore American Chestnut trees and breed blight-resistant specimens. Typically, threats to groves include pests, climate change, and the fungus that destroyed their ancestors. Today, however, a new threat has entered the picture: data centers. 

The Chestnut Grove Caught in the Middle of A Years-Long Data Center Fight
Library of Congress: American Chestnut Tree, Negative No. 6032 (Photographer and date unknown). "THIS GHOST FOREST OF BLIGHTED CHESTNUTS ONCE STOOD APPROXIMATELY AT THE LOCATION OF THE BYRD VISITOR CENTER." - Skyline Drive, From Front Royal, VA to Rockfish Gap, VA, Luray, Page County, VA

Across the country, communities are pushing back against massive hyperscale data center projects, protesting against the noise pollution, environmental impacts, and blow to property values near these computer warehouses. In many places, elected officials are forging ahead to allow these multi-billion dollar deals in direct defiance of their constituents' wishes. Earlier this year, an Oklahoma farmer was arrested at a town hall meeting for speaking over his time against a 255-acre data center. Data centers are easy to build but much harder and slower to power, and their workarounds are egregious; For example, Elon Musk’s xAI Colossus 2 data center in Tennessee skips the local grid and runs its own natural gas turbines, worsening pollution and disproportionately impacting Black neighborhoods. But this tiny plot of American chestnut trees, just a little over an acre of land, has become a site of resistance in West Virginia. 

A Small Town Is Fighting a $1.2 Billion AI Datacenter for America's Nuclear Weapon Scientists
Ypsilanti, Michigan has officially decided to fight against the construction of a 'high-performance computing facility' that would service a nuclear weapons laboratory 1,500 miles away.

I first heard about the Clements chestnut grove after a 404 Media reader emailed me about it earlier this month, saying that the trees faced “potential destruction after November 1, 2026.” Social media posts called the threat “urgent,” and claimed bulldozers are lined up, with headlines declaring the grove is “about to be destroyed.” In the last few weeks, the plight of a grove of fragile chestnut trees trembling in the shadow of a data center has gone viral. Goldberry Grove, a local regenerative chestnut orchard, posted “They’re bulldozing the American chestnuts after November 1st,” sparking more outrage. 

In 2023, Governor Jim Justice announced a multi-billion dollar deal with Fidelis New Energy for a lifecycle carbon neutral hydrogen production facility, including the “Mountaineer GigaSystem” and the Monarch Compute Campus. Nscale acquired the American Intelligence & Power Corporation, sponsored by Fidelis New Energy and including the Monarch campus, in March. 

“The citizens of Mason County are elated with the announcement of Fidelis New Energy selecting Mason County, West Virginia, for its multibillion-dollar state of the art carbon neutral, clean hydrogen complex,” John Musgrave, the Executive Director of the Mason County Development Authority said in Justice’s 2023 press release about the new data center plans. 

With construction of the campus underway today, citizens do not seem elated. In September, heavy storms reportedly caused neighborhoods nearby to flood, as runoff from the construction site sent water and debris into adjacent properties as a section of the site’s fencing gave out. The Department of Environmental Protections (DEP) ordered Nscale “to immediately repair and strengthen the stormwater controls that failed, install additional erosion and sediment controls where needed, and take whatever actions are necessary to prevent similar releases from occurring in the future.”

Nscale told local news outlet WOWK 13 that it would pay for the damage. Separately, the company is trying to buy out homeowners, but the people living there are resistant. “What they’re saying is one thing, but they’ve got to prove it,” one homeowner told WOWK 13. “I’m staying. Fight for every one of these people.” 

The fate of the trees has been a conversation among conservationists in the area for years. The American Chestnut Foundation (TACF) raised the issue in its May 2024 monthly newsletter: “Several communications have been made with [West Virginia Secretary of Commerce James Bailey] and he is aware of the chestnut trees at Clements. He assured the WV chapter that the trees will remain and be taken care of by Fidelis.” 

The newsletter bulletin continued: “Mr. Bailey stated, ‘We value the chestnuts and will ensure that they are cared for. The state maintains ownership and control of the property, but if that ever changes, then the trees will be taken care of.’” The TACF noted that the future of the grove was “unclear.” Three years later, the picture is sharpening, as chestnut experts and the data center developers clash. 

Sixty-two years ago, the first seedlings shipped out from West Virginia’s newly-designated Clements State Tree Nursery. The nursery was once owned by Mark Twain’s grandparents. The West Virginia Division of Natural Resources bought it in 1961 and the Division of Forestry operated it for decades onward. The nursery sold seedlings of several varieties of trees and kept 15 to 20 chestnut trees that showed promising traits of blight resistance. In 2021, the Charleston Gazette-Mail reported that the DNR quietly ceased operating the nursery, citing funding issues. “It was never set up to make money, but it was also never set up to lose the kind of money it’s been losing in the past 10 years,” then-Division of Forestry Director Tom Cover told the Gazette-Mail at the time. 

The Chestnut Grove Caught in the Middle of A Years-Long Data Center Fight
The Chestnut Grove Caught in the Middle of A Years-Long Data Center Fight

"The Dying Chestnut Tree, My Teacher" (1927) and "The Dying Chestnut" (1919), by Alfred Stieglitz.

Today, all of the American chestnut trees remaining at the former nursery site are infected with the blight fungus, Mark Double, a past president of the West Virginia Chapter of TACF told me. Many have died over the years, he said, but most of the trees still have sufficient resistance to have survived for 35 years, in spite of multiple infections. “The WV chapter of The American Chestnut Foundation has been harvesting nuts from this orchard for more than a decade,” Double told me over email. 

Nscale’s Monarch campus is one of two data center projects planned for the area. Project Tamarack, which is owned by Starwood Digital Ventures, is planned for 10 miles south of the Monarch campus. West Virginia Governor Patrick Morrisey announced the project early last month. Morrisey promises 1,000 temporary jobs but just 300 permanent positions as a result of the project. Research shows that data centers rarely live up to promises about bolstering local economies. “Data centers do not bring high-paying tech jobs to local communities because they operate as infrastructure projects rather than traditional jobcreating businesses,” University of Michigan researchers wrote in a 2025 brief. “Although the construction of data centers can create many jobs, those are short lived.”

Residents were stunned to hear that another data center was coming to their community, telling local news outlet WSAZ that they felt blindsided. Despite not being located on the former nursery’s site, the fate of the American chestnuts have forced Starwood to address it, too. 

I emailed Starwood on Oct. 8 asking if its campus threatened the trees. “I checked, and that grove isn’t on Starwood’s land,” a spokesperson told me. Sometime after Sept. 24, according to archives of the site, Project Tamarack added a line to its FAQ section about the grove: “The former Clements State Tree Nursery is a separate property and is not part of the Project Tamarack development site. Project Tamarack has no ownership, control, or management responsibility for the property. Questions regarding the chestnut grove, the former nursery, or the property’s management should be directed to the West Virginia Division of Forestry, which operated the facility prior to its closure in 2021.” 

A Farmer Donated Land to Turn into a Park. The City Is Building a Massive Data Center Instead
In 1999, a farmer gave away 87 acres of land to a small Texas city to use as a park. The city sold to a data center developer for $10 million.

Nscale also claims that the trees aren’t on land it owns, either — yet. That section of land is technically still under a “plan to purchase agreement.” 

“We understand the deep community connection to the former Clements State Tree Nursery site, and we look forward to working closely with the Morrisey Administration—including the Department of Agriculture and Division of Forestry—and The American Chestnut Foundation regarding the American Chestnut trees while responsibly developing the Monarch Compute Campus,” a spokesperson for Nscale told 404 Media. They continued: 

“We want to be clear — there was never a plan to bulldoze the nursery or cut down the trees. Nscale does not currently own the former Clements State Tree Nursery but we are under a plan for purchase agreement. Once we own the land, we are focused on how to best care for the trees which, according to a recent assessment by an arborist, suffer from blight and adverse health conditions. We have always planned to incorporate the American Chestnut trees into the Monarch Compute Campus. As construction progresses, we will work closely with professional arborists and experts to determine how best to preserve and integrate them, covering all costs.”

Nscale Senior Vice President Pete Hollis told West Virginia Public Broadcasting: “There’s never been a plan to and there will never be a plan to bulldoze or cut down the trees.” 

On October 10, Morrisey announced that the trees would eventually be moved, framing this as a way to appease everyone. “Under the preservation plan, the existing trees will be relocated to a more suitable environment within the property, potentially as part of an arboretum or integrated landscaping. That work is scheduled for late 2027, during the trees' dormant season, under professional arborist supervision,” the governor’s office wrote in a press release.

Amy Metheny, a forest pathologist for the West Virginia American Chestnut Foundation, told WCHS-TV that relocating the trees would inevitably kill them. “It’s my professional opinion that if the trees were moved they would die within two to five years,” she said.

I asked Morrisey’s office if they’re aware that experts say the trees will die if moved. A spokesperson for Morrisey’s office replied: 

“We are aware of the concerns about transplanting and have discussed them directly with a member of the West Virginia chapter of The American Chestnut Foundation. The West Virginia Department of Agriculture’s assessment found that the trees are expected to continue dying under current site conditions. It also found that relocating chestnut clumps with proper care may improve their health, although some losses are expected.

“Mature chestnut trees from the same original source as the Clements planting are growing in and producing nuts in Tyler County. Approximately 500 nuts from those trees are expected to be used for additional planting to support continued restoration efforts.

“The company has said relocation remains its plan and that it will cover the cost. The property is subject to a legally binding purchase option signed in 2023 by the previous administration. We are working with the company and conservation experts to help secure the best possible preservation outcome. Specific questions about those relocation plans should be directed to the company.”

Much of the information floating around about the future of the grove — including the claims of looming bulldozers, the timeline for the actual threat to the trees, the “not it” statements between both data center projects, and the governor’s promises — has been a game of rumors and conflicting information. A representative for Goldberry Grove declined to provide an on-the-record source for their claims of a November 1 deadline, or the bulldozer claims.

The Chestnut Grove Caught in the Middle of A Years-Long Data Center Fight
Illustration: Isa Heller / Spumoni Cooperative for 404 Media

But the attention turned to an otherwise largely overlooked and tragically rare tree species has stirred up the kind of public action that data center developers around the country have had to contend with when they want to throw miles of humming warehouses up in communities. On October 20, the West Virginia DEP hosted an in-person public comment session about Monarch’s air quality analysis and permitting, with a virtual meeting to come on October 29.

The campus’s environmental impact could extend beyond the handful of trees at Clements, according to documents filed with the DEP. The Charleston Gazette-Mail reported, based on those documents: “Construction activities would result in permanent impacts to over 8,400 linear feet of streams and over 1.7 acres of wetlands on one permit and over 5,900 linear feet of streams and more than 26 acres of wetlands on the other, according to the applications.”

In addition to being overwhelmingly unpopular with the communities where they’re built, and despite the trillions of dollars dumped into their development, data center projects and the industry at large around the world are starting to flounder. Australia’s NextDC AI data center operator’s shares dropped 40 percent on Wednesday after the company cited power delays and local pushback. Last week, Microsoft pulled out of its deal with Nscale’s Essex-based campus, following reports that the project might not be able to receive a power supply until 2030. Local community opposition to data centers has spurred legislation that’s slowed or halted these projects around the country, with some, including Microsoft in Wisconsin, canceling projects outright following petitions and protests. 

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Police Say Scammers Used AI to Clone a Sheriff’s Voice

Police Say Scammers Used AI to Clone a Sheriff’s Voice

A Florida police department claims that scammers used AI to clone a sheriff’s voice, with scammers increasingly using voice clones that trick people into thinking they’ve missed jury duty or have a warrant out for their arrest are increasing.

According to Florida news outlet News6, scammers cloned Osceola County Sheriff Steve Moser’s voice and left a voicemail with a resident.    

“They cloned his voice and was using Steve’s picture as well to say it was him making the phone call, and it was not,” Sheriff Chris Blackmon told News6.

💡
Have you been the target of deepfake video or AI voice cloning scams? I would love to hear from you. Using a non-work device, you can message me securely on Signal at sam.404. Otherwise, send me an email at sam@404media.co.

Impersonating a police officer is a third-degree felony in Florida. The Osceola County sheriff’s office did not immediately respond to a request for comment.

This particular scam cloning cops is spreading across several states, with reports of jury duty and arrest warrant scams targeting people in Georgia and Pennsylvania in the last week. These other reports don’t mention AI voice cloning explicitly, but note that the scammers sometimes have similar voices and tones as local police officers.  

Voice cloning scams have been around for years, with scammers using commercially available AI voice impersonation tools to target the elderly, families, and businesses. Last year, 404 Media investigated real-time deepfake scams that incorporated voice and video to defraud people. In 2024, we reported on the ways scammers cloned celebrity voices and use AI videos in YouTube ads to scam people.

Scammers often impersonate company executives or leadership to trick employees into sending money, and voice cloning appears to be an increasing part of that. In February, scammers cloned a managing partner of a law firm with AI. Ultimately, a private bank ended up transferring $108 million.

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Behind the Blog: Doing Whatever

Behind the Blog: Doing Whatever

This is Behind the Blog, where we share our behind-the-scenes thoughts about how a few of our top stories of the week came together. This week, we discuss a new pod setup, video games, and Elon's spending habits.

JASON: Exciting news: I am building a podcast studio / riso printing room / place to film videos in. I believe all of my colleagues and many people in my life have been laughing at me about this, but this also may just be the narrative I’ve created for myself to inspire me to prove the haters wrong. Since the beginning of 404 Media, I’ve worked out of my garage, but feel like I’ve been going a bit crazy sitting mostly in the same room since essentially the start of the pandemic. And so I found not a coworking space but a very affordable windowless box that I shall turn into a content palace. 

I’m just going to try it for a few months to see if it makes sense or if I should return to working from the couch, but I’m quite excited about building it out. I only got it a few days ago and so at the moment it’s largely a bunch of boxes and random furniture I no longer had space at my apartment for. It’s got a drop ceiling with fluorescent lighting and landlord special laminate floors, but I also can do whatever I want to it, so I will likely do some sort of design on the walls, throw a rug down, whatever. 

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Cops Used AI Generated Photos of a Child to Lure Out a Suspected Predator

Cops Used AI Generated Photos of a Child to Lure Out a Suspected Predator

This article was produced in collaboration with Court Watch, an independent outlet that unearths overlooked court records. Subscribe to them here.

Police arrested a Chicago area high school maintenance worker who attempted to meet a child for sex after investigators posed as a 15-year-old boy using AI generated images.

Christopher Thomas Mertens started talking to who he thought was a child through a dating app in September. According to an affidavit written by the department’s FBI Task Force Officer McKailey Scott, the investigation was done by the Livonia Undercover Resistance to Exploitation Unit (LURE), which identifies and prosecutes child sex offenders. Scott set up an account on the queer-focused dating app Taimi with “an AI generated image of a teenage-appearing male with the name ‘Caleb,’ and no age listed on the profile.  

Scott wrote that an unknown user messaged “Caleb,” and they moved to Whatsapp. After a few minutes of talking, the man asked Caleb for their age, and when Scott — posing as Caleb — said he was 15, the man said “Im interested” and “Im hard now.” 

The investigator used a combination of tools, including checking the man’s phone number using Thomson Reuters CLEAR and running images of his face through Clearview AI to identify him as Mertens. For days, Caleb and Mertens exchanged sexually explicit text messages and Mertens made plans to drive to meet Caleb on his day off, believing Caleb’s (non-existent) parents weren’t home. Cops used Flock to look up and track Mertens’ car and see that he was driving to the meetup spot, but Mertens was also texting Caleb the entire time to let him know he was on the way and when he arrived. When he got out of the car, Livonia police took him into custody.

Two hours after being booked, Mertens told jail attendants that he wanted to speak to Scott. When Scott got to the jail, Mertens admitted everything, including that he works at a high school in Illinois. The complaint doesn’t mention which high school.

Investigators have been generating images of children for years. One of the earliest examples of these is Sweetie, a computer generated child developed by Dutch children’s rights organization Terre des Hommes in 2013 that the organization used to talk to men online. Today, police departments at the U.S. border use AI-generated online personas designed to interact with and monitor protestors and activists, according to documents obtained by 404 Media.

This ‘College Protester’ Isn’t Real. It’s an AI-Powered Undercover Bot for Cops
Massive Blue is helping cops deploy AI-powered social media bots to talk to people they suspect are anything from violent sex criminals all the way to vaguely defined “protesters.”

In August, a 24-year-old Connecticut man was arrested after soliciting an undercover police officer who used what was reported as “age regression technology” to appear as a 14 year old in videos. He was charged with enticing a minor and criminal attempt to commit risk of injury to a child. 

In 2025, a 45-year-old man was arrested after investigators used AI generated images of children to catch him distributing child sexual abuse material. He was recently sentenced to 12 years in federal prison.

And in 2024, the state of New Mexico sued Snapchat after investigators set up a fake account, including AI generated images of children, that the platform allegedly recommended to “dangerous accounts, including ones named ‘child.rape’ and ‘pedo_lover10,’ in addition to others that are even more explicit,” according to the New Mexico Department of Justice.

AI generated child sexual abuse material is a rapidly growing problem for law enforcement. The National Center for Missing and Exploited Children has reported a massive rise in generative AI child abuse material, with criminals using it to extort and entice children, and children using it to bully and harrass other children.

Livonia police did not respond to a request for comment.

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Dubstep and BookTok, a perfect match?

Dubstep and BookTok, a perfect match?

Sorry for the late newsletter today, we’re still a little sleepy. To ease you into this afternoon, I have an interview with the guy who coined the term “smutstep,” and has become a sensation among a very specific section of dark romance BookTok — as well as a lot of haters. I thought he had some interesting things to say about the content creation game and not taking yourself too seriously while respecting your own craft and audience. Enjoy.

Dubstep and BookTok, a perfect match?

The Creator of ‘Smutstep’ Wants You to ‘Let Your Freak Flag Fly’

Last week, a video came across my feed of a man saying horny lines over a dubstep beat. “On your knees,” he snarled. As the beat dropped, he growled, “Mmm, now look at me.”

“Instagram reels just showed me a guy who makes 'smutstep' for the booktok crowd and it is the funniest thing I have ever watched,” the person reposting the video on X wrote. The replies are predictably harsh: “I think this is actually the worst thing I have ever heard.” “Who the FUCK is demanding this 😭” 

People demanding this is why it exists. DARQ DAGR, whose real name is James, is a dubstep musician and voice artist who’s been working in the voice acting world for years. But smutstep is what’s made his work go viral, in large part thanks to the people who hate it so much. Smutstep emerged as a reaction to BookTok, a subculture within TikTok built by book lovers and their various followings. Within BookTok, the romantasy book genre thrives, with series like The Fourth Wing and A Court of Thorns and Roses (ACOTAR) gaining massive readerships for their blend of elven high fantasy and dragon-based erotica. The romantasy genre is not a quaint fandom. It’s a billion-dollar industry.

Like so many online communities devoted to things a little horny and misunderstood, the wider world tends to scrutinize and discredit romance readers, especially when Fae fucking is involved. James, who wants people to know he does read the books too, saw a way into two niches that could compliment each other.

“I think what I like about the whole culture — the BookTok culture and dubstep culture — it's just letting your freak flag fly in a way,” he told me in a call. “It’s accepting and embracing what you're into within a safe and healthy space. I think that's a really beautiful thing.” 

Read the rest of this story here.

MORE FROM 404

Sentry mode? The “security protocols” on a Tesla stopped a Homeland Security Investigations agent from placing a tracking device on it, according to a warrant reviewed by 404 Media. On Halloween of 2025, an HSI Special Agent filed a more than 60 page application to place a tracking device on the Tesla of a suspected drug trafficker in Milwaukee. Agents had been watching alleged drug dealer Sam Stair — a local landlord they believed was using his rental properties as the front for a drug trafficking operation — for months when they asked a judge to let them install a tracker on his car. According to the warrant application, Stair went everywhere in a white Tesla and the agents wanted to see where it was when they couldn’t keep eyes on it.

FROM AROUND THE WEB

Ghosting much... SpaceX will testify before the New York City Council this week about AI safety risks. This is after Elon and co ditched a hearing on Oct. 5.  

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The Creator of ‘Smutstep’ Wants You to ‘Let Your Freak Flag Fly’

The Creator of ‘Smutstep’ Wants You to ‘Let Your Freak Flag Fly’

Last week, a video came across my feed of a man saying horny lines over a dubstep beat. “On your knees,” he snarled. As the beat dropped, he growled, “Mmm, now look at me.” 

“Instagram reels just showed me a guy who makes 'smutstep' for the booktok crowd and it is the funniest thing I have ever watched,” the person reposting the video on X wrote. The replies are predictably harsh: “I think this is actually the worst thing I have ever heard.” “Who the FUCK is demanding this 😭” 

People demanding this is why it exists. DARQ DAGR, whose real name is James, is a dubstep musician and voice artist who’s been working in the music industry and voice acting world for years. But smutstep is what’s made his work go viral, in part thanks to the people who hate it so much – and the ones who demand more of it.

Smutstep emerged as a reaction to BookTok, a subculture within TikTok built by book lovers and their various followings. Within BookTok, the romantasy book genre thrives, with series like The Fourth Wing and A Court of Thorns and Roses (ACOTAR) gaining massive readerships for their blend of elven high fantasy and dragon-based erotica. The romantasy genre is not a quaint fandom. It’s a billion-dollar industry.

Like so many online communities devoted to things a little horny and misunderstood, the wider world tends to scrutinize and discredit romance readers, especially when Fae fucking is involved. James, who wants people to know he does read the books too, saw a way into two niches that could compliment each other.

“I think what I like about the whole culture — the BookTok culture and dubstep culture — it's just letting your freak flag fly in a way,” he told me in a call. “It’s accepting and embracing what you're into within a safe and healthy space. I think that's a really beautiful thing.” 

James and I talked about modern artistry in a world where interactivity and engagement rule, why he doesn’t take all of this too seriously, and the value of escapism in a time when everything else sucks. And yes, I ask him to do the growl.

This interview has been edited for length and clarity.

SAM: I will admit just off the bat, I'm not in the BookTok world personally.

DARQ DAGR: Uh-huh.

I have nothing against BookTok. Beautiful community. But I can't get into it. I've tried like, ACOTAR. I haven't found my romantasy, I suppose. So I might ask you some dumb questions, but hopefully you can also serve as a little bit of an explainer for those of us who are not super in that world. Tell me how you got into this?

Yeah. So the thing is, it wasn't like when I was a kid, I was like, when I grow up I wanna growl. You know? I've been a trained professional vocalist for a really long time. I've done metal and I've done theatre, I've done pop, I've done rock. The reason I'm in Nashville right now is because I spent eight years in a country band that was touring the world. I just kinda do everything there is to do with my voice. I've been a professional performer and vocalist for a really long time. My wife is really into the BookTok world. And so I was exposed to the community and the books through her. 

The first video that went viral for me was when I had just left my country band. And all I wanted was for the way I was presenting myself and expressing myself to be true to the things that I was into, which is dubstep. I had fallen in love with dubstep. I think it's the most beautiful community in the world. And then, I've always been a huge fantasy fan. I've always been really into Lord of the Rings and The Witcher and all that stuff. So getting into romantasy was not a big step for me, because I'm already a fan of fantasy. Making that video was me kind of saying, ‘I feel like a lot of these BookTok boys are getting the growl wrong.’ And then I did a growl that I did from back in my metal days. And it just blew up and it created this whole community of people who were really into the growl. But I was not the first person to do the growl. 

@darqdagr

What do you think, booktok? #booktok #fantasybooktok #fantasyromance #darkfantasy #romantasy #growl

♬ original sound - DARQ DAGR

I didn't know that. 

There's another creator who was doing it long before me. His name's Michael Ayok. I can't take credit for being the first to BookTok growl, but I definitely get a lot of recognition for it. 

Obviously I wanted to be producing dubstep music, but my community all wanted me to growl, so it was like, how do I make this make sense? And so I just started growling in my dubstep and inadvertently created a subgenre of dubstep called smutstep. It's all community driven though. Honestly, even the name smutstep was a comment on one of my videos.

Somebody had requested that I growl ‘sit down’ and I did a video growling it that did really well. So I was like, well, let's just make a dubstep drop out of this. It's community driven, and it's fun. I'm glad that people are liking it. 

I think the biggest issue though is that... I'm having fun. I do not take this seriously. Again, it wasn't a dream of mine to grow up and growl at people. I took two very niche communities — the dark romance BookTok niche community, and the dubstep community — that are not designed to be exposed to general culture. So there's a lot of hate that comes with that and a lot of negativity. People react very strongly to what I do. And I think that that's as an artist, I think that's effective art. You want people to be moved to an extreme. You know? But you cannot control what that extreme is gonna be. 

There are people that treat me like Marilyn Manson in the nineties. His art is meant to be taken seriously. He is making a social commentary where he's putting a mirror up to society and showing how ugly it is. Whether you love that or you hate it, it's meant to be taken seriously. Smutstep is not meant to be taken seriously. If you enjoy it, that's awesome. You know what I mean? I'm having fun with it. I love the community I've created around it. We're all having fun. But it's not meant to be taken as seriously as so many of the haters take it.  

Yeah, it's broken containment from these specific niche communities, into the wider world. Which is the curse and blessing of social media, I guess. Something breaks out and becomes viral and then everybody's aware of it, even people who maybe are not the audience. 

I sent you the link to the video that's got a million views now on X, and all the comments and replies are really rude. So just be warned. People are like, ‘I'm never gonna unmute this. I would never unmute this to save my life,’ that kind of thing. And like you said, it’s not that serious. If it's not your thing, that's okay. Move on.

But what do you think about those comments? The ones that are like, ‘this is gigacringe.’

That's been a lot of what I deal with on other platforms. Facebook and TikTok are way better. On Instagram, l have my comments limited to people who follow me because it's just so much hate.  

People are crazy on Instagram. People will say the most sideways shit on Instagram.

Yeah, and that's that's the thing. Like obviously, as much as we're all just having fun, of course it does mentally take a big toll on you.

You said this is community driven. Were people waiting to have this sort of thing enter their already-existing BookTok community, or where do you think it comes from? Why are people resonating with this?

Men in BookTok is not a new thing. Making it dubstep is my brand. But for me, smutstep is like the KISS makeup. It's a gimmick. Everybody needs something that makes them stand out. So right now, smutstep is what makes me different, it's what makes me unique. 

Most of my content is based off of people making requests in the comments. I think that may be why it's taken off the way it has. Obviously it has to do with me, but it has so much to do with the people who are enjoying it. This is something that I think in a lot of ways is actually a much more modern take on entertainment. From its inception, it’s community demand, and giving people what they want within what I wanna do. I'm not doing something I don't wanna do. It's like, all right, you guys want this? Well, I'm gonna make it, but I'm gonna go the dark romance route and make it super aggressive, because I want to make dubstep out of it, and people are like, ‘That's fucking dope.’

Are you familiar with like the romantasy theme park videos?

No. No.

Oh my god. You would get a kick out of this, and probably your wife would also, but it's part of SeaWorld. You know how around Halloween, theme parks will do like horror nights, and characters come out and chase you? It's that, but it's BookTok boys.

I'll send you a link. But it has gotten a really big reaction from wider culture, where people are like, ‘this is so cringe and weird.’ The execution is really cringe and weird, but it is responding to something people wanted, which was: romantasy in a more interactive way. Is there anything that people are demanding from you more than other stuff? 

There's a book series called The Fourth Wing and there's a dragon in it called Tairn. Somebody said that Tairn should be Scottish, because his name is Tairneanach, which is a Scottish name. So I did a growl, but in the Scottish accent. 

I do another series with masked growls. I'm supposed to do one today, if the mask gets here in time. It’s a Scream mask 'cause we're in spooky season, and people have been wanting that for as long as I've been doing this.

@darqdagr

😱😱😱 #darkromance #masktok #booktok #spicybooktok #bookish

♬ HEXST0RM - Slowed - Lxzt

I saw the motorcycle helmet one. People really were into that.

I think what I like about the whole culture — the BookTok culture and dubstep culture — it's just letting your freak flag fly in a way. It’s accepting and embracing what you're into within a safe and healthy space. I think that's a really beautiful thing. Maybe it's just as I get older, but I'm just so disillusioned with reality and I constantly want more escapism for myself, and want to give others more escapism as well. So that's kind of my goal as an artist is just escapism.

That’s a huge appeal of fantasy and romance in general. I'm also a big Lord of the Rings fan. That type of fantasy I can get with. I wonder if Lord of the Rings launched today, if we would be calling it romantasy. I guess there's not enough sex in it though.

The thing about romantasy is, there does need to be pretty pretty graphic scenes in it. But Lord of the Rings has none of that. I do read the romantic stuff too. I don't wanna be somebody who just does it for the views. I do read both.

Do you think people have picked up on the smutstep genre since you started? Are there new people doing it? 

I haven't noticed, but that doesn't mean someone's not out there trying and just hasn't had a video hit yet. And to be honest, I'm not surprised. I think that it's one of those things... It's human nature to have an aversion to something new that they don't understand. It’s still in the phase where I think it's more ‘what the fuck’ than something that is socially acceptable. Which again, it was never meant to be broadly socially acceptable. It was meant to be niche-acceptable, which it already is. I don't think there's a lot of people trying to do it because I think people are too afraid of having to deal with the same stuff I deal with.

I would be remiss in letting you go if I didn't make you do a growl. Would you be willing to offer us a growl? 

I can. It's not going to be that loud, because I don't have a mic, but I can do one. Ready?

[Growls]

Did you hear it? Did it pick it up?

It was like a growl in the distance. I'll practice mine. I'll do it on the podcast maybe and you can critique my growl. 

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Cops can creep on Airbnb

Cops can creep on Airbnb

Good Monday morning! Today's big story is an investigation from Joseph about cops and an AI tool that takes data from sites like Airbnb and Zillow and identifies specific properties. The internet is full of photos of the interiors of people's homes, from real estate and rental listings to short-term stays, and that data is in the hands of law enforcement.

And in other news, a very interesting interview with the whistleblower subject of Sorkin's new movie, some big legislative impact, and what caught my eye over the weekend around the web. Let's get into it.

Cops can creep on Airbnb
A screenshot from a Raven promotional video on LinkedIn.

AI Company Lets Cops Pinpoint Specific Houses Based on a Single Interior Photo

An AI company now lets cops take a photo and nearly instantly figure out what specific home it was taken in, using only clues in the photo itself, and is clearly pulling data from sites like Zillow and Airbnb. 

The tool, called Raven, shows the increasing power of AI capabilities available to local law enforcement agencies. 404 Media previously reported that both the Los Angeles Police Department and Miami-Dade Sheriff’s Office (MDSO) have bought access to Raven, which was previously called GeoSpy. Now, Raven, made by a company called Graylark Technologies, has added features that let cops analyze the interior of homes.

In a post on LinkedIn earlier this month, Graylark CEO Daniel Heinen wrote the company was introducing “the ability to geolocate interior images across millions of short-term rental units worldwide.” An accompanying demo video shows someone taking a photo from X of a washer/dryer unit inside a building. They upload it to Raven, select “Find Property: Interior and exterior property geolocation,” and then choose a region to search.

After a couple of seconds, the map interface zooms in on an area in Charlotte, North Carolina. On the right hand side, the screen displays a list of results. The top one reads, “Renovated! Walk Uptown/located in 2 Hot Spots!” That result directly quotes the language on a specific Airbnb listing in Charlotte, and the photos in the Airbnb listing show the same property.

Read the rest of this story here.

MORE FROM 404 MEDIA 

Spoilers ahead for “The Social Reckoning.” Did you catch this week’s interview episode? Jason talked to former Facebook employee Frances Haugen, who became one of the most important tech whistleblowers in 2021 when she exposed how Facebook’s algorithm was pushing people toward hate groups, showed Instagram was making teen girls feel worse about themselves, and showed that the company knew about its detrimental impacts on society. Haugen’s story is the basis for Aaron Sorkin’s new movie “The Social Reckoning,” which follows her evolution from model employee to leaker to formal whistleblower. Jason and Frances discuss what the movie got right about journalist-source relationships and how AI is supercharging privacy concerns. 

Listen to the weekly podcast on Apple Podcasts, Spotify, or watch the convo on YouTube.

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Behind the Blog: What Would the Pope Do?

Behind the Blog: What Would the Pope Do?

This is Behind the Blog, where we share our behind-the-scenes thoughts about how a few of our top stories of the week came together. This week, we discuss AI and spirituality.

JASON: I think we’ve generally carved out a pretty good lane for ourselves in the broader AI debate, writing about its current capabilities, its current harms, and the fact it was trained on stolen content without saying that it will never be able to do anything of use. We are often tinkering with AI so that we can write about it from an informed perspective, and so every once in a while, while I’m working on a story I will see something where it feels like AI could possibly be useful for some specific part of the reporting. 

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'Undue emotional weight'

'Undue emotional weight'

Howdy, it's hump day and we're rolling along. Today we've got an update on a very strange case involving a man whose image was resurrected from the dead via AI and made to appear in front of a judge to announced "forgiveness" of his murderer. 404 Media contributor Matthew Gault had a long conversation with the man's sister, who wrote the words and generated the video, and she said that swaying the judge was the entire point.

'Undue emotional weight'

THE BIG STORY

Her AI-Generated Video Swayed the Judge. The Court Said it Carried 'Undue Emotional Weight'

A man convicted of manslaughter in Arizona will be resentenced because an AI-generated video of his victim speaking from beyond the grave was ruled to have carried “undue emotional weight” as an impact statement. An appellate court in Arizona ruled that the manslaughter charge will remain, but the judge must reconsider the length of the man’s prison term because of AI.

In 2021, Gabriel Horcasitas shot and killed Christopher Pelkey during a road rage incident. A jury found him guilty of manslaughter. During Horcasitas’ sentencing hearing, Pelkey’s sister Stacey Wales played an AI-generated video of her brother as part of her victim’s impact statement. In the video, which she scripted with her own words that she made an AI generated likeness of Pelkey say, the AI avatar of Pelkey forgives his killer and said they “could have been friends” in another life. 

“I loved that video,” the judge said while handing down the maximum sentence of 10 and a half years.

Wales told 404 Media that her intent with the video was to sway the judge. “Isn’t that what you want human connection to be?” she said. “Do you ever come out of a movie and say: ‘Well, that was too emotional. That was too powerful. Human connection is powerful, and trying to convey that to somebody that's never known another person, this person on the earth, to convey their lifetime of 37 years down to a two-hour sentencing event is hard to do, and I think that victims and victims' families should be afforded every opportunity.”

Read the rest of this story here.

MORE FROM 404 MEDIA

A flock of new laws incoming. Several recently introduced pieces of legislation would, if passed, dramatically curb federal agencies’ access to Flock cameras, with the lawmakers referencing reporting by 404 Media in their explanations for why the legislation is needed. “At a time of growing concern about the unchecked power of artificial intelligence, Flock is eviscerating the very notion of privacy by installing tens of thousands of cameras in communities across America without their consent,” Bernie Sanders said.

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