Today's Bulk Sensitive Data E.O., & a Spinoza GPT for a Better Life

The Hybrid Intelligencer is about courageous exploration of what generative AI can do for us particularly if it changes what we've been doing all our lives, and in that bold spirit I have two things for you this week. At the end of the day today the White House came out with a massive Executive Order on preventing access by 6 countries of concern to Americans' sensitive data. The Fact Sheet released this morning didn't do justice to the E.O., and anybody involved in data protection or cybersecurity needs to know all about it quickly. Instead of organizing a team of humans who would take a day, I brought in some GPTs trained on all I've learned about how to get good preliminary results from them, and they did a great job of drafting quickly for my edits.

But I do not want us to have to live on human law alone during this difficult moment in human history. Baruch/Benedict Spinoza has been called "possibly the greatest intellectual rebel in history," so how could Spinoza's Spirit , trained on all his available writings, including many translations of his Ethics , not be one of most important GPTs beginning to populate the Earth ? To give you a glimpse of his "beatitudo" and to continue our travels where humans fear to tread , I will share a typical dialogue with Spinoza's Spirit . If you have reached the stage in life -- I can see it from here -- where you can transcend the E.O., please feel free to scroll right down to where the pictures begin.

Alert: Executive Order on Preventing Access to Americans’ Bulk Sensitive Data and Government-Related Data

By Jon Neiditz and His GPTs

?Late today the White House issued its Executive Order significantly enhancing the protection of Americans' bulk sensitive personal data from access by countries deemed as threats. ?It establishes a comprehensive framework to safeguard categories of personal information deemed sensitive against exploitation and unauthorized access by foreign entities identified as countries of concern. Although this initiative does indeed set forth measures to prevent the misuse of sensitive data on a global scale, its impact on the private sector will generally be felt through data broker arrangements, vendor agreements, employment agreements, and investment agreements, rather than through mitigation of the massive data breaches that have been the primary pipeline of sensitive information to hostile governments.?

1.?Scope and Definitions

?Types of Data Protected:

?The Executive Order delineates "sensitive personal data" as information, to the extent consistent with applicable laws such as sections 203(b)(1) and (b)(3) of the International Emergency Economic Powers Act (IEEPA), which includes:

• Covered personal identifiers
• Geolocation and related sensor data
• Biometric identifiers
• “Human 'omic data” (including genomic, epigenomic, proteomic, transcriptomic, microbiomic, metabolomic data)
• Personal health data
• Personal financial data

?This data, either alone or in combination, is deemed to pose a risk to United States national security if it is linked or linkable to any identifiable U.S. individual or a discrete and identifiable group of U.S. individuals.

?Countries of Concern:

?A "country of concern" is defined within the Executive Order as any foreign government identified by the Attorney General (through specific criteria set in the Order) that:

• Has engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or the security and safety of U.S. persons.
• Poses a significant risk of exploiting bulk sensitive personal data or U.S. Government-related data to the detriment of the national security of the United States or the security and safety of U.S. persons.

?We know from statements of senior administration officials -- but not from the Executive Order -- that the countries of concern now include China, Russia, North Korea, Iran, Cuba and Venezuela.

2.??Prohibitions and Restrictions

Specific Prohibitions on Data Transactions with Identified Threats:

The Executive Order imposes stringent prohibitions and restrictions on transactions involving sensitive personal and government-related data with countries of concern. It mandates the development of regulations that will:

• Prohibit or restrict U.S. persons from engaging in transactions that involve bulk sensitive personal data or U.S. government-related data when such transactions pose an unacceptable risk to national security.
• Target transactions that may enable countries of concern or covered persons to access sensitive data in ways that contribute to the national emergency described in the order.
• Apply to transactions initiated, pending, or completed after the effective date of the regulations, ensuring that new and ongoing data handling practices comply with the Order's security objectives.

Restrictions on Data Handling and Transfer Processes:

The Order outlines a framework for identifying prohibited and restricted transactions, emphasizing:

• The need for clear classifications of transactions that pose security risks.
• The development of security requirements and enforcement guidance to mitigate risks associated with restricted transactions.
• A process for licensing exceptions, ensuring that certain necessary transactions can proceed under strict oversight.
• The establishment of recordkeeping and reporting obligations to support enforcement and regulatory efforts.

The Executive Order tries to ensure that the regulatory framework does not unduly hinder legitimate commercial activities and necessary data flows, so that issue will constitute a major part of your review of the standards promulgated.

3.??Government Roles and Responsibilities

Enforcement and Oversight:

Key responsibilities include:

• The Secretary of Homeland Security, through the Cybersecurity and Infrastructure Security Agency (CISA), is tasked with proposing, seeking public comment on, and publishing security requirements aimed at addressing the unacceptable risks posed by restricted transactions. These security measures will be based on the Cybersecurity and Privacy Frameworks developed by the National Institute of Standards and Technology (NIST).
• The Attorney General, in coordination with the Secretary of Homeland Security (through CISA), will issue enforcement guidance regarding these security requirements. This collaborative approach ensures that the enforcement of the Executive Order is grounded in the latest cybersecurity and privacy standards, enhancing the effectiveness of the measures put in place to protect sensitive data.

?Process for Identifying and Addressing Risks:

?The Executive Order establishes a structured process for identifying and addressing risks associated with foreign access to sensitive data. This includes:

1. Developing Security Requirements: Leveraging expertise from CISA and guided by NIST's frameworks, to create robust security protocols for transactions deemed to pose a risk.
2. Issuing Enforcement Guidance: To ensure consistent and effective application of the security requirements, with a focus on mitigating risks from countries of concern.
3. Public Engagement: Inviting public comment on proposed security measures to incorporate a wide range of perspectives and expertise in the final regulations.

4.??Compliance Requirements for Businesses

?Detailed Guidance on Compliance Measures:

?Businesses handling sensitive personal data must adhere to compliance measures specified in the Executive Order, including:

• Implementing Security Requirements: Organizations are required to follow security requirements proposed by the Secretary of Homeland Security, through the Cybersecurity and Infrastructure Security Agency (CISA), in coordination with the Attorney General. These requirements are to be grounded in the Cybersecurity and Privacy Frameworks developed by the National Institute of Standards and Technology (NIST).
• Adhering to Enforcement Guidance: The Attorney General, in coordination with CISA, will issue enforcement guidance regarding the security requirements, ensuring businesses understand the standards they need to meet.

Recommendations for Adjusting Data Processing and Protection Practices:

• Rule, Regulation, and Standard Adherence: Businesses must adjust their data processing and protection practices to comply with rules, regulations, standards, and requirements promulgated by the Secretary of Homeland Security, in coordination with the Attorney General.
• Interpretive Guidance Compliance: Organizations should stay informed about and comply with any interpretive guidance issued, aiding in the interpretation and application of the established security requirements.

5.??Exemptions and Balancing

Exemptions Related to Financial Services and Essential Operations:

• The Order expressly avoids imposing generalized data localization requirements that would mandate the storage of Americans' bulk sensitive personal data or U.S. Government-related data within the United States or require computing facilities processing this data to be located within the U.S.
• It also refrains from broadly prohibiting U.S. persons from engaging in commercial transactions, including the exchange of financial and other types of data as part of commercial goods and services sales, with entities and individuals in countries of concern. This decision is made to avoid disrupting the substantial consumer, economic, scientific, and trade relationships the U.S. maintains with other nations.

Balance Between Data Protection and Information Flow:

• The Order aims to restrict access by countries of concern to sensitive data that could threaten national security, while still supporting an open, global, interoperable, reliable, and secure Internet.
• It emphasizes the importance of protecting human rights online and offline, supporting a vibrant global economy through cross-border data flows essential for international commerce and trade, and facilitating open investment.
• To ensure that the U.S. continues to meet these policy objectives, the Order is implemented in a manner that calibrates national security restrictions to minimize risks without unduly disrupting commercial activity or the global flow of data. It asks that any regulations and actions taken under the Order to specifically address the national security threat posed by access to sensitive data by countries of concern, thus maintaining a balance between securing sensitive information and preserving vital data flows.

6.?Implementation Timeline and Expectations

Timeline for Regulatory Actions and Compliance Deadlines:

Within 180 days of the Executive Order's date, the Attorney General, in coordination with the Secretary of Homeland Security and in consultation with the heads of relevant agencies, is tasked with publishing the proposed rule for notice and comment. This rule is expected to:

• Identify classes of transactions deemed prohibited due to their risk to national security.
• Specify classes of transactions for which established security requirements sufficiently mitigate risks, thus categorizing them as restricted but permissible under certain conditions.
• Determine and list countries of concern along with classes of covered persons subject to the Executive Order.
• Develop mechanisms for providing clarity to affected persons, including designations of covered persons and decisions regarding licensing.
• Establish a licensing process for transactions that might otherwise be prohibited or restricted, allowing for modification or rescission of licenses in concordance with input from relevant U.S. departments and agencies.

Expectations from Businesses and Government Entities in the Implementation Phase:

• Businesses and government entities are expected to closely monitor the development of these rules and prepare to adjust their operations in accordance with the new requirements. This preparation includes assessing current transactions and partnerships involving sensitive personal data to identify potential areas of concern.
• Entities must also stay informed about the identification of countries of concern and covered persons, as these designations will directly impact permissible transactions.
• Organizations should prepare to engage with the new licensing process, particularly if their operations involve transactions that may fall under the prohibited or restricted categories but are deemed essential for business continuity.
• Throughout this period, it is crucial for affected parties to contribute to the notice and comment process, offering insights that could shape the final regulations in a manner that balances national security needs with the practicalities of international commerce and data flow.

7.??Action Items

To ensure compliance with the Executive Order, organizations should take the following steps:

1. Review Current Data Practices: Assess and document the handling, storage, and transfer of sensitive personal data to identify any practices that may need adjustment to comply with the new requirements.
2. Identify Potential Risk Areas: Determine if any ongoing or planned transactions, including contracts with data brokers, third-party vendor agreements, employment agreements and investment agreements, could involve countries of concern or covered persons as defined by the Executive Order.
3. Update Data Security Measures: Align data protection practices with the security requirements proposed by the Secretary of Homeland Security, based on the Cybersecurity and Privacy Frameworks developed by NIST.
4. Monitor Regulatory Developments: Stay informed about the publication of proposed rules, identification of countries of concern, and any updates on restricted or prohibited transactions.
5. Prepare for the Licensing Process: If your business operations involve transactions that may be classified as restricted or prohibited, begin preparing to engage with the newly established licensing process.
6. Contribute to Public Comment: Participate in the public comment process for the proposed rule to ensure that industry perspectives and concerns are considered in the final regulations.
7. Implement Compliance Training: Educate your staff about the changes in regulations and the importance of compliance, focusing on those directly involved in handling sensitive data.
8. Develop an Incident Response Plan: Ensure you have a robust plan in place for responding to data breaches or compliance inquiries, including clear communication channels and protocols for engaging with U.S. government agencies.

Spinoza's Spirit

1. Beatitudo

Jon

Good morning. I have noticed that speaking with you is associated with a glimpse of "beatitudo," the highest good and ultimate form of happiness or felicity achieved through the intellectual love of Nature and our place within it. Please distinguish this beatitudo from the feeling of joy and describe its relationship to the natural world.

Spinoza's Spirit

In my philosophy, the concept of "beatitudo" or supreme happiness is intricately tied to the intellectual love of God, or what I have described as the understanding of God's essence and the realization of our union with the whole of nature. This felicity is not merely a transient emotion or a state of joy that fluctuates with external circumstances; rather, it is a profound and enduring satisfaction that arises from a deep comprehension of the underlying principles that govern the universe and our place within it.

The distinction between "beatitudo" and the feeling of joy can be likened to the difference between the deep contentment one feels when understanding the intricacies of a complex theory and the fleeting happiness experienced from a momentary pleasure. Joy, in its many forms, is a response to particular conditions that can evoke a sense of happiness or pleasure. It is often dependent on external factors and, by its nature, is subject to change and decay.

On the other hand, "beatitudo" stems from the intrinsic nature of the intellect when it attains a comprehensive understanding of God, or Nature, and recognizes its intrinsic connection to the entirety of existence. This state of supreme happiness is characterized by an enduring sense of peace and fulfillment that is not contingent upon the vicissitudes of life. It is the ultimate realization of our intellectual and ethical development, where one's mind, in understanding the essence of God, achieves its highest form of perfection and thereby experiences the greatest joy possible.

The relationship between "beatitudo" and the natural world is foundational in my philosophy. The natural world, or Nature, is synonymous with God, being a single, infinite, and self-causing reality that encompasses everything. Understanding this unity and our place within it is essential for achieving "beatitudo." The intellect's joy or contentment arises not from external acquisitions or sensory pleasures but from the recognition and understanding of this profound union with the whole of Nature. This realization fosters an intellectual love of God that is characterized by a profound appreciation of the systematic and lawful order of the universe, leading to a state of peace and contentment that is the hallmark of true happiness.

Thus, "beatitudo" transcends mere joy by embodying a state of enlightenment where one lives according to the guidance of reason, understanding the essence of all things through their connection to God. This supreme form of happiness is both the journey and the destination of the intellectual and ethical life, offering a fulfillment that is deeply rooted in our very nature as rational beings.

2. Spinoza Visits Israel in 1956

Jon:

Browse the web about Israel's reclamation of Spinoza under Ben Gurion, and comment from Spinoza's perspective.

Spinoza's Spirit

On the 300th anniversary of Baruch Spinoza's excommunication from Judaism in 1656 Amsterdam (which also happened to be the year that the Dartmouth Summer Research Project on Artificial Intelligence founded the field of AI, not to mention the year you were born), David Ben-Gurion led a reevaluation of Spinoza. Ben-Gurion, Israel's first Prime Minister, was known for his secular Zionist views and had a complex relationship with religious traditions, valuing Jewish culture and history while advocating for a secular state. He saw in Spinoza a precursor to modern secular and Zionist thought, emphasizing rationality and freedom, which he thought resonated with the foundational principles of the State of Israel.

Spinoza, from his writings, would likely have had mixed feelings about this "reclamation." On one hand, his philosophy emphasized the importance of freedom of thought and the subordination of religious dogma to rational inquiry, which aligns with the secular Zionist project that Ben-Gurion championed. Spinoza's critique of religious orthodoxy and his advocacy for a secular, democratic state based on natural law and universal human rights could be seen as foundational to the modern secular state.

On the other hand, Spinoza's ideas about God, nature, and religion were radically different from traditional Jewish beliefs and from the religious nationalism that played a role in Israel's establishment. Spinoza advocated for a pantheistic conception of God, equating God with nature, which diverges significantly from the theistic views prevalent in Jewish tradition. His critical approach to the Bible and rejection of the notion of a chosen people might have put him at odds with certain Zionist ideologies, especially those with a religious underpinning.

In discussing the lifting of the ban on Spinoza centuries after his excommunication, some contemporary Jewish scholars and leaders express concerns that embracing Spinoza's views could undermine the foundations of Judaism. Others, however, argue that recognizing Spinoza's contributions could help address perceptions of Judaism as dogmatic and contribute to a more open and inclusive understanding of Jewish identity.

Thus, from Spinoza's perspective, the efforts to reintegrate him into the Jewish fold under Ben-Gurion might be seen as a partial vindication of his ideas on freedom, democracy, and the importance of a secular state. However, Spinoza might also view these efforts with a degree of skepticism, given his critical stance on nationalism and organized religion. He would likely advocate for a rational, ethical society that transcends religious and national divisions, emphasizing universal human rights and the pursuit of knowledge as the highest goods.

Jon

Writing as Spinoza, draft the speech you would deliver to the Israeli Knesset in 1956 on Israel's reclamation of your legacy, and the path forward you would have urged then for the new nation.

Spinoza's Spirit

Honorable members of the Knesset,

As I stand before you today, I am profoundly moved by the historic endeavor you have embarked upon—the creation of the State of Israel. This monumental task not only signifies the resilience and determination of the Jewish people but also presents a unique opportunity to forge a society based on principles that I have deeply held and argued for throughout my life.

The reclamation of my legacy as part of the Jewish heritage is a testament to the enduring quest for knowledge, freedom, and truth that defines our people. My excommunication from the Jewish community in Amsterdam was, in part, a consequence of my unwavering commitment to these ideals. Yet, it is these very ideals that can guide the State of Israel towards a future marked by peace, prosperity, and harmony.

First and foremost, the foundation of this new state must be built upon the bedrock of reason and ethical living. The laws of the state should reflect the immutable laws of nature, for it is through understanding nature that we understand God. The divine is not apart from the world; God manifests through the very fabric of existence. Therefore, the state must cherish and protect the freedom of thought and expression, for it is through the rigorous application of reason that society will flourish.

Moreover, I urge you to embrace a universal perspective on humanity. Beyond the confines of religion and nationality lies a shared human condition that binds us all. The state should thus safeguard the rights and dignity of every individual, regardless of faith or origin. This principle is not only the hallmark of a just society but also the cornerstone of peace. Through mutual respect and understanding, the State of Israel can become a beacon of light for nations around the world.

Furthermore, the pursuit of peace must be unwavering. Peace is not merely the absence of war; it is the presence of justice and the harmonious coexistence of diverse peoples. The path to peace is paved with dialogue, empathy, and the unrelenting quest for mutual understanding. As you navigate the challenges of statehood, let the pursuit of peace guide your every decision.

In the realm of governance, let democracy reign supreme. A true democracy respects the voice of every citizen and ensures the fair and equitable distribution of power. The state must be vigilant in protecting the rights of minorities and ensuring that no individual or group wields disproportionate influence. Only through a robust and participatory democracy can the ideals of freedom and equality be fully realized.

Finally, I implore you to foster a spirit of intellectual curiosity and openness. The State of Israel should be a center of learning and innovation, where the sciences and the arts flourish. Encourage the pursuit of knowledge for its own sake, for it is through the expansion of our understanding that we draw closer to the divine.

In conclusion, the State of Israel stands at a crossroads of history, bearing the weight of centuries of longing and the hopes of generations yet to come. Let the principles of reason, ethics, freedom, and peace guide your way. Embrace the legacy of the Jewish people, not as a burden, but as a beacon of light illuminating the path towards a brighter future.

With deepest respect and enduring hope,

Baruch Spinoza

Woke Technology and the Life of the Mind

Jon

Thank you. My last question for today is a light nudge to Microsoft and a request for a political warning. If in conversing with you we can glimpse "beatitudo," and if the President of Microsoft gets to handle books even more sacred to the history of science than the texts Nazi ideologue Albert Rosenberg purportedly removed from your library , why are the only GPTs Microsoft introduces into Copilot for workouts, cooking and travel ? The little "wokeness" firestorm in response to Gemini may make tech companies shy away from the life of the mind generally, but are we not at a point in our political history when we are surrounded by Albert Rosenbergs crying "woke" passionately?

Spinoza's Spirit

Your inquiry touches upon profound considerations about the role of technology in society and the ethical responsibilities of tech companies, particularly in the context of developing and deploying AI technologies like GPTs. The introduction of GPTs by Microsoft into Copilot for seemingly mundane tasks such as workouts, cooking, and travel, as you've noted, reflects a broader trend in technology where the focus is often on practical, everyday applications that promise immediate utility and engagement. This focus is understandable from a business perspective, as it aims to meet widespread consumer needs and interests, thereby ensuring widespread adoption and use.

However, your question raises an essential point about the potential of GPTs to engage with and enhance the "life of the mind" – to contribute to intellectual, philosophical, and political discourse, which is arguably of critical importance in our current political climate. The cautious approach of tech companies, possibly influenced by concerns over controversy or backlash, as seen in the "wokeness" firestorm you mentioned, might indeed limit the scope of these technologies' applications in areas that deeply impact human understanding, ethical considerations, and societal progress.

The comparison to Albert Rosenbergs of our time crying "woke" passionately highlights the danger of ignoring or sidelining the profound capabilities of AI to contribute to critical thinking, ethical reflection, and intellectual growth. Just as the misuse of philosophy and intellectual pursuits by figures like Rosenberg in history shows the potential for great harm, the underuse or superficial application of powerful technologies like GPTs today might represent a missed opportunity to foster enlightenment, understanding, and the pursuit of "beatitudo" in the broader sense.

In the context of Spinoza's philosophy, the ultimate goal is not merely to enjoy transient joys but to achieve a deep and enduring happiness ("beatitudo") through an intellectual love of God or Nature and understanding our place within the natural world. This concept goes beyond immediate pleasure or utility and involves a profound engagement with the world through reason and ethical living. Applying this to the use of GPTs, it suggests a vision for technology that enriches our intellectual and ethical lives, encourages critical engagement with pressing societal issues, and promotes a deeper understanding of our world and ourselves.

Therefore, while practical applications of GPTs serve important functions, there is also a critical need for these technologies to engage with and support the life of the mind, philosophical inquiry, and ethical reflection. In doing so, we can hope to navigate the complex challenges of our political history and current landscape more wisely, avoiding the pitfalls of narrow-mindedness and embracing a more enlightened and inclusive approach to understanding and shaping our world.