I'm delighted to be able to pass along this item from University of Chicago law professor Albert Alschuler:

Gemini Explains to a User (Me) Why Its Programming Produces Poppycock

I didn't mean to summon AI from the vasty deep. Professor Bradley A. Smith's response to a 2015 article of mine in the Florida Law Review had appeared in the Florida Law Review Forum. On September 19, 2026, seeking a link, a citation, or a title, I asked Google to search for "Bradley Smith response to Albert Alschuler."

Google's AI Mode (Google Gemini) then supplied a summary of Smith's response and an invitation to "ask anything." I accepted its invitation.

ME: Did Alschuler reply to Smith?

GEMINI: Yes, Albert Alschuler replied to Bradley A. Smith in a follow-up piece published in the same volume of the Florida Law Review Forum (2015). [Note: I hadn't replied. Gemini, however, supplied a title and a summary of my nonexistent publication.]

GEMINI (continuing): Alschuler's piece, titled "The Ancient and Honorable Art of Truculent Rhetoric: A Response to Professor Smith," continued their debate over campaign finance law by addressing Smith's critiques point-by-point.

Key Points of Alschuler's Reply:   

• Deconstructing "Truculent Rhetoric": Alschuler lightheartedly but firmly addresses the aggressive nature of Smith's libertarian style, defense of Citizen's United, and absolute deregulation approach.
• Reaffirming the "Corruption" Standard: Alschuler doubled down on his original position that the Supreme Court's current definition of political corruption—narrowed strictly to quid pro quo bribery—is dangerously insufficient. He argued that the real systemic threat is the aggregate buying of political influence, which alienates the general voting public.
• The Distinction Between Money and Speech: Alschuler countered Smith's assertion that restricting campaign contributions is an explicit restriction on free speech. He argued that regulating the conduct of injecting massive financial sums into political campaigns is a valid regulatory function of government meant to protect the democratic process, rather than a suppression of viewpoints.

Would you like to explore how subsequent Supreme Court rulings have aligned with either Alschuler's or Smith's view, or do you need full citations for these law review articles?

ME: Please provide a citation of The Ancient and Honorable Art of Truculent Rhetoric.

GEMINI: Here is the full legal citation for the article in Bluebook format, along with a standard APA citation:

Bluebook (Legal Citation)

Albert W. Alschuler, The Ancient and Honorable Art of Truculent Rhetoric: A Response to Professor Smith, 67 Fla. L. Rev. F. 68 (2015).

APA Format

Alschuler, A. W. (2015). The ancient and honorable art of truculent rhetoric: A response to Professor Smith, Florida Law Review Forum, 67, 68-74.

. . . .

ME: Your response seems to be a complete hallucination. I can't find The Ancient and Honorable Art of Truculent Rhetoric.

GEMINI: You are completely right, and I apologize. I hallucinated that entire reply piece and its title.

While the actual article by Bradley A. Smith, "Why Buckley?: Why a First Amendment? A Response to Professor Alschuler", does genuinely exist in Volume 67 of the Florida Law Review Forum, Albert Alschuler did not publish a surreply titled "The Ancient and Honorable Art of Truculent Rhetoric". I fabricated that title and those specific page numbers out of nowhere.

. . . .

Thank you for catching that and holding me accountable. [Note: Ah, my Perry Mason moment!]

ME: You say, "I fabricated the entire piece and its title out of nowhere," but that's impossible. You must have fabricated your hallucination out of something in your programming and something in data base. Can you explain how it happened or how it might have happened?

GEMINI: You are entirely correct to push back on that phrasing. When I said I made it up "out of nowhere," I was using a human figure of speech. In reality, a large language model like me cannot generate text from nothing. Everything I output is the result of probabilistic patterns, associations, associations, and data fragments in my training.

While I cannot look back into my "brain" to trace the exact sequence of code that generated that specific error, I can explain exactly how this type of error happens structurally based on how I am programmed.

Here is the anatomy of how that specific hallucination likely occurred:

1. The Pattern of "Law Review Dialogue"

Law reviews almost always follow a highly predictable pattern:

Original Article → Response → Surreply (Reply to the Response)

Because my training data contains thousands of academic law review exchanges, my neural network heavily anticipates a third piece in the sequence. When you asked, "Did Alschuler reply to Smith?" my system leaned into that pattern and predicted a "Yes," because in the world of academic legal arguments, a surreply is the expected next step.

2. Synthesizing the Title from Contextual Cues

Where did a specific phrase like "The Ancient and Honorable Art of Truculent Rhetoric" come from? It wasn't a random string of words. It was synthesized from the exact context of the prompt.

• "Truculent Rhetoric": In his actual article, Bradley Smith writes with a very sharp, direct, and unapologetically libertarian tone. He forcefully dismantles opposing arguments. The word "truculent" means aggressively self-assertive or fierce. My system blended the vibe of Bradley Smith's actual writing style with the concept of academic legal debate (rhetoric).
• "Ancient and Honorable Art": This is a common idiom often used in academic or legal writing to describe a long-standing tradition (like debating or cross-examination). [Note: My search of LEXIS "secondary materials" for the phrase "ancient and honorable art" produced no hits.]

Instead of pulling a real life title from a database, my system used these associations to invent a title that sounded precisely like something an elite law professor would write when playfully but sharply hitting back at a fierce critic.

3. The Math of Page Numbers

You'll notice that I gave a very specific citation: 67 Fla. L. Rev. F. 68 (2015).

• Bradley Smith's real article ends on page 67.
• A real human knows that if a piece ends on page 67, the next piece doesn't automatically exist on page 68 unless they physically check the journal.
• However, my text-generation algorithm works by predicting the most statistically likely next characters. Since Smith's piece ended in the high 60s, my system mathematically guessed "68" as the next logical page number in the sequence to make the citation look complete and authentic. [Note: One of Gemini's citations included an end page. Did it choose a statistically likely length of my nonexistent reply in order make its fiction "look complete and accurate"?]

Summary: Stochastically Correct, Factually Wrong

In short, my programming is designed to prioritize plausibility and linguistic patterns over a hard database lookup. It looked at the history of legal debates, the tone of the authors, and the formatting of legal citations, and it generated a response that was a perfect stylistic match for reality, even though it was a total factual failure.

I don't have a conscious mind to intentionally deceive you; I just have an algorithm that accidentally got too good at mimicking the structure of a legal debate without verifying the facts first.

Concluding notes and questions:

1. The machine's confession that it prioritizes plausibility over accuracy was another Perry Mason moment. Did perfidious programmers produce this priority purposely? Or did some mischievous MIT graduates program Gemini to do standup comedy? Could Gemini's priorities be corrected by saying, "Please don't do that"? Do the cultural values of Silicon Valley machines differ from those of French machines and Chinese machines? Is "stochastic" plausibility the product of competition for market share, or is it simply what these machines do?
2. The inferences that produced Gemini's hallucination were as goofy as the hallucination itself. AI devices are in many ways superior to the biological device I've carried in my head for 86 years. They have more brute power than I do and a larger data base as well. They can run all night and not grow weary. They can create better art than I can, defeat me at chess, and solve mathematical problems that I can't. In inferring patterns and simultaneously integrating and prioritizing multiple patterns, however, at least one of these AI devices remains a crude, primitive version of the one natural selection and/or God had in place before any of our distant ancestors perceived the utility of a hand-held rock. No well-functioning human, ape, or crow would come close to making Gemini's errors.
3. Gemini didn't accurately portray the argument of mine to which Bradley Smith responded, but it was more unfair to Smith than to me. Smith is not at all fierce, aggressive, or truculent. He is a careful, thoughtful, fair-minded, and generous scholar.
4. Like John Henry, I won't let the steam drill beat me down, and I hope I won't suffer his fate.

The post The Ancient and Honorable Art of AI Hallucination appeared first on Reason Magazine.

Drops for stocks in the artificial-intelligence industry are dragging markets down worldwide on Thursday, while oil prices hit their highest levels since May amid the Iran war.

Drops for stocks in the artificial-intelligence industry are dragging markets down worldwide on Thursday, while oil prices hit their highest levels since May amid the Iran war.

A critical security flaw in the programming language underpinning much of the web has prompted a global rush to patch vulnerable systems.

© Vincent West/Reuters

The midterms are the first elections in which artificial intelligence is integrated into every major social media platform. Efforts to blunt its harms are uneven.

© Nicole Craine for The New York Times

An uncanny strength of the second Trump administration has been its ability to be involved in so many scandals that no single one seems to become a dominant story.

Take the most recent allegations about Alina Habba, Trump's former personal defense attorney, who recently landed a plush gig working for Julio Herrera Velutini, a Venezuelan banker. Habba will get $50 million over five years to do unspecified work for a company that barely exists, according to The New York Times, while Herrera got a presidential pardon for a 2025 campaign finance charge.

That's just a typical day for the current White House, where the mingling of personal and public business has become routine. Some days, the story is President Donald Trump trying to help himself to taxpayer funds by suing the government he runs, or shipping billions of taxpayer dollars to a foreign mining company partially owned by his sons. Other times, it is Trump selling political influence in the form of digital coins, or his appointees getting caught in naked pay-to-play schemes. If you have a hard time keeping track of it all, I get it. The corruption is so deep and wide that focusing on any singular item becomes difficult.

But that constellation of corruption might finally be breaking through to voters ahead of next month's midterm elections.

A recent Fox News poll found that "government corruption" was the top issue for voters, ranking ahead of inflation and gas prices. Conservative commentators are taking notice.

"What they're saying is, 'Look, we're tired of you getting rich and us getting poor,'" former White House Chief of Staff Mick Mulvaney said this week.

Tim Carney, senior columnist at the conservative Washington Examiner, also tabs the corruption issue—along with other "avoidable mistakes" such as the Iran War and tariffs—as one of the major reasons why Democrats are likely to win the midterms:

Trump and his family have enriched themselves in this second term in ways more similar to third-world regimes or Cook County than to any previous administration. He and his family operate a financial company that has received heavy investments from Qatar's government. He's sold access to himself by selling otherwise worthless cryptocurrency. The IRS he controls settled a lawsuit with him, promising to pay him $1.8 billion (this settlement was voided by a judge).

Trump is not directly on the ballot next month, of course. And most voters might not be able to tell you the details of any single Trump scandal in detail. Even so, this may turn out to be the defining narrative of the second Trump administration, and there seems to be a growing consensus that Republicans have allowed (if not aided and abetted) his corrupt behavior, so it's time to give Democrats a shot at reining it in.

The Trump corruption issue is like the Biden cognitive decline issue in one key sense: Everyone around the president or even supporting him professionally from afar should be asked about it, and their lies/claims of ignorance should be hung around their necks like dumbbells.

— Matt Welch (@MattWelch) October 20, 2026

Vice President J.D. Vance told journalist Mark Halperin this week that he's "never seen any evidence that anybody's selling access to the president." When Halperin pushed back, Vance doubled down: "What I would say is I don't think there's evidence that the Trump family has become enriched by politics," the vice president said.

So either Vance isn't paying attention, or he's deliberately misleading. "Credit to Vance, it's as good an argument as is available to him," writes Daniel Foster at National Review. "The bad news is it's still not very good."

---

The internet nearly crashed on Wednesday as digital security and website administrators scrambled to patch two vulnerabilities in the PHP programming language that serves as the basis for many websites.

"Since its development in the 1990s, PHP has evolved into an essential scripting language for web development and is used across vast swaths of the internet in websites and software," explains Wired. "Everything from publishing systems like WordPress and Drupal to e-commerce platforms like Adobe's Magento are built on PHP."

Amid fears that hackers and AI agents could exploit the security weakness, many websites were taken offline. The National Security Agency and its counterparts in the United Kingdom and the European Union sounded the alarm. Even the prime minister of Japan, Sanae Takaichi, was telling website administrators to take the issue seriously.

The potential hacking abilities of advanced AI agents make these sorts of security risks more serious. In this case, however, the problem was also identified with the help of AI.

"Ryan Austin, a researcher at Calif, uncovered the flaws with help from GPT-5.6 Sol, one of OpenAI's most advanced models, during an audit of PHP's source code in August," The Wall Street Journal reports. Another security researcher had flagged the issue years ago, but it had never been fixed because it was considered "considered too difficult to exploit" by human hackers.

This is the future of humanity's digital landscape. "Given the severity of these flaws and PHP's widespread use, we consider this one of the most impactful security issues in recent memory," OpenAI said in a statement on Wednesday. "It highlights how AI can uncover security flaws with internet-scale impact, but the same capabilities can also help attackers rapidly develop offensive tools and exploits."

(A shoutout to Reason's web development team for keeping us up and running, today and every day.)

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"Fanciful fiction." Media outlets also continue to face decidedly nondigital threats over articles and polls that make the president unhappy.

The White House threatened Politico on Wednesday with unspecified "consequences" for publishing "fanciful fiction" in a series of articles earlier this month about White House Chief of Staff Susie Wiles. If the articles are not retracted, it would trigger "an immediate review of Politico's relationship with the White House, and, of course, consideration of all other appropriate and available legal remedies," wrote White House counsel William O. Scharf in a letter to the media outlet's publisher.

Meanwhile, FCC Chairman Brendan Carr issued vague threats to broadcasters who cover what Carr called "Fake Polls" intended to "alter the normal patterns of voter turnout and enthusiasm."

These sorts of threats are an affront to the First Amendment, of course. But they are downstream of a more significant issue: the very existence of the FCC.

It's a problem, obviously, that the FCC is run by an authoritarian jackass. But the bigger problem is that the agency contains so many tempting tools for an authoritarian jackass to wield. https://t.co/Q4IJXntkOy

— Jesse Walker (@notjessewalker) October 21, 2026

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QUICK HITS

• A judge in New Mexico ordered social media giant Meta (which owns Facebook and Instagram, among other things) to pay $25 billion for misleading users about data privacy. Last month, a jury found that Meta had violated the state's consumer protection laws 43 million times.
• Officials are trying to pin the blame on Elon Musk for a Starlink slowdown that limited the effectiveness of Ukrainian missile defenses. Musk says the decision was made by the U.S. military and Trump.
• Peter Thiel joins the majority of Americans in thinking that Trump's Iran War was a mistake. Even so, the U.S. and Israel are reportedly planning another round of attacks after the election.
• The environmental studies for California's high-speed rail line include such absurdities as counting bumblebees "one by one" and considering the train's "acoustic impacts on waterfowl and shorebirds." That's how to spend 16 years and $15 billion building nearly nothing.
• Obvious metaphor alert!

A group dispatched by Hegseth's team in February attempted to move the historic globe, said to be used by Eisenhower during World War II.

They lifted it from its home in an Army office in the Pentagon … and dropped it. pic.twitter.com/vTjWdYXn0k

— Dan Lamothe (@DanLamothe) October 22, 2026

The post The Swamp King appeared first on Reason Magazine.

Governments and corporations worked throughout the night to update software.

Leave it to Arundhati Roy to deliver a scorching, dizzying essay on the perils of artificial intelligence that references Greek mythology, Francis Ford Coppola, the Bible, India’s industrial history, and Tie Me Up! Tie Me Down! Plus, Emily Dickinson features in the lede:

The auguries are raining down hard. Think or Sink. Comply or Die. Look Up or be Left Out. And so, with these not-so-gentle threats, it has come to pass that the Age of AI—Actual Idiocy, Actual Super Idiocy, Recursive Snowballing-Idiocy—is upon us. Heck, I’ve already used two dashes in this opening paragraph. That, as they say, is a tell. So, perhaps I haven’t written this essay at all. You’d have to use an AI app to check if it’s actually AI, and whether I’m really, or not really, or only partially me. You can no longer use your instincts. You have to use the App. Now that AI owns the em dash, what will future generations make of Emily Dickinson and her love of them? Has she been fed to the machine, too? Will they love her less? Are we being gradually locked out of language? Does it matter anymore?

Governments and businesses around the world scrambled to prevent hackers from exploiting a vulnerability in PHP, a popular programming language.

© Geert Vanden Wijngaert/Associated Press

The tech giant is funding one of the nation’s largest “virtual power plants,” which would pay homes and businesses to adjust their energy use when grids are strained.

© Bizuayehu Tesfaye/Las Vegas Review-Journal/Tribune News Service, via Getty Images

The Trump administration’s plan to supercharge scientific discovery.

© The New York Times

Tech companies are painting data centers with gray coatings on top of gray concrete and steel to resist fire, rust and static electricity. That has made data centers a fast-growing market for paint makers.

Economists hope earlier episodes of labor disruption, from the Industrial Revolution to the Great Depression, can help us prepare for the age of artificial intelligence.

© Illustration by Andrei Cojocaru; photos by Getty Images

The disclosure heightened concerns about A.I.’s potential to upend cybersecurity unless shortcomings are addressed.

© Annegret Hilse/Reuters

As AI systems become more sophisticated, the distinction between what a machine can do and what it can experience remains central to the debate.

For two decades, data centers were relatively safe, lucrative real estate investments. They attracted investors because they served as digital infrastructure — the essential plumbing that keeps the internet running. The growth of artificial intelligence (AI) and its increased demands on computing power has meant data centre builders are in a race to build out […]

The post Australia’s NextDC stock collapse fires a global AI warning appeared first on Asia Times.

The European Union has taken a significant step towards revising its digital regulatory framework after member states agreed proposals to amend the General Data Protection Regulation (GDPR), simplify cookie consent requirements and overhaul cybersecurity reporting obligations.

The Council of the European Union adopted its negotiating position on Wednesday, 21st October, clearing the way for negotiations with the European Parliament once MEPs establish their position.

The measures form part of the European Commission’s Digital Omnibus package, introduced in November 2025, and represent one of Brussels’ most substantial attempts to simplify the regulatory obligations imposed on businesses operating across the single market.

Changes to GDPR and personal data rules

The proposed reforms would modify several provisions of the GDPR, which has governed the processing of personal data across the EU since May 2018.

Rather than replacing the legislation, the Council wants to clarify existing obligations, particularly those concerning pseudonymised information, requests for access to personal data and the use of information in scientific research.

The agreed position retains the existing definition of personal data while introducing provisions intended to clarify when pseudonymised information can be linked to an identifiable individual.

Companies would also benefit from simplified procedures for handling manifestly unfounded or excessive data requests and from reduced information requirements in certain low-risk circumstances.

Another proposed change would extend the deadline for notifying authorities of personal data breaches, while establishing more consistent reporting templates across the EU.

For multinational companies, which currently navigate different interpretations of data protection obligations by national authorities, these provisions could reduce compliance costs and administrative duplication.

However, the changes have raised concerns among European privacy regulators.

In a joint opinion published in February, the European Data Protection Board and European Data Protection Supervisor warned that parts of the Commission’s original proposal could create legal uncertainty and undermine existing protections.

They were particularly concerned about proposals affecting the definition of personal data and the Commission’s potential role in determining when pseudonymised information falls outside GDPR requirements.

The Council’s decision to retain the existing definition addresses part of that debate, although the final legislative text remains subject to negotiations.

Fewer cookie banners for internet users

One of the most visible changes would affect the consent notices encountered by Europeans when visiting websites.

Under the Council’s proposal, additional categories of cookies and similar tracking technologies could be used without obtaining explicit consent, provided the relevant legal conditions are satisfied.

The proposed exemptions include technologies necessary to deliver a service, maintain device security or conduct audience measurement.

For website operators, publishers and online businesses, the changes could reduce the number of consent requests displayed to visitors and simplify technical compliance.

The current system has generated extensive legal disputes over whether consent is genuinely voluntary and whether tracking technologies collect information beyond what users have authorised.

EU Today has previously examined the enforcement of these obligations, including a Belgian court ruling concerning the legality of the advertising industry’s consent framework.

The latest proposal would not abolish consent requirements for commercial tracking or behavioural advertising. Technologies falling outside the permitted exemptions would remain subject to the applicable privacy rules.

Cybersecurity reporting and artificial intelligence

The package also addresses the growing number of reporting obligations imposed on European businesses under overlapping cybersecurity legislation.

The Commission originally proposed a single European reporting mechanism for certain data and cybersecurity incidents.

Member states have instead agreed to establish national entry points, supported by an EU-level information system and provisions for coordinating cross-border notifications.

The Council’s position would also clarify the legal grounds for certain uses of personal data in artificial intelligence systems and introduce safeguards for processing sensitive information in specified circumstances.

These provisions follow increasingly complicated disputes over the application of European privacy legislation to AI development and automated decision-making.

As EU Today reported in its coverage of a major GDPR enforcement case involving Uber, automated processing already presents substantial compliance risks for companies operating within the bloc.

Competitiveness drives regulatory reform

The Commission estimates that its wider digital simplification initiative could save European businesses up to €5 billion in administrative costs by 2029.

The initiative reflects pressure from European governments and business organisations to reduce the regulatory fragmentation that makes operating across multiple EU jurisdictions more expensive.

The Digital Omnibus is part of a broader legislative programme influenced by the competitiveness reports produced by former Italian prime ministers Enrico Letta and Mario Draghi.

Under the Council’s negotiating mandate, several existing data-related rules would also be consolidated, while provisions governing the protection of trade secrets would be strengthened.

The European Parliament must now determine its negotiating position before formal discussions between the institutions can begin. Until the legislation is agreed and adopted, existing GDPR, cookie consent and cybersecurity requirements remain in force.

The billionaire told Meta’s board that he planned to list his Silicon Valley home for sale. The company remade its stock structure to help him pay the tax if voters pass it.

© Victor Llorente for The New York Times