Themis, Goddess of Justice from Greek mythology, holding scales of justice. Her right half is human with African-American features, including long twists and braids in her hair. Her left half is a cyborg, with wires for hair. Behind her is a seal covered with circuitry. Themis is rendered in gold with a blue background. Illustrated by Chris Ward

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October 23, 2026

Pwn Day 2026

A small newsletter on legaltech and techlaw

A tweet by someone with the username @fiveoutofnine: "A post on Twitter by 5⁄9 @fiveoutofnine (verified), posted 7:12 PM Oct 21, 2026, with 255.1K views, 172 replies, 1.3K retweets, 8.9K likes, and 2.8K saves.  Here is the first half of the tweet's text:

So basically, today PHP got two critical bugs that let anyone run code on your server without even logging in, which is bad, and then the details leaked before the patch was even out, which is worse, and it works on WordPress and MediaWiki and Magento and Joomla and Laravel, and Censys says like 1.5 million servers are running a version with no fix, so the NSA was like "take your system offline," and the FBI was like "take your system offline," and CISA and the UK and CERT-EU were all like "take your system offline," and then the Prime Minister of Japan, the actual Prime Minister, posted at 5:55 in the morning telling 48.8 million people to take their system offline, so everyone took their system offline, like the Dutch cybersecurity agency took its own website offline, and the Dutch parliament went offline, and the Port of Rotterdam went offline, and Finland and France and Denmark started pulling government sites, and Wikipedia went down, and Archive.org went down, and Asana and GOG and Something Awful went down, and the University of Vienna's webmail went down for some reason, and that's just PHP. Because GitLab also dropped a CVSS 10.0, which is the highest score they give out, for a bug that's been there since 2014, so that's every self-hosted GitLab for twelve years, and then LiteLLM 1.107.0 got hijacked and shipped a credential stealer and a remote access trojan in every single wheel and the Docker images, including latest, and you didn't even have to import it, just installing it was enough, and it's the second time this year, and then Railway paused every deployment on the entire platform because someone got into the environment variables, so now everyone has to rotate every secret they've ever stored there, and TiDB Cloud said someone was walking around inside with stolen credentials for basically a month and an extortion group says they took 10.6 terabytes, and Zeabur got breached for the second time in two months and is just shutting down, like the whole company, and Node.js patched remote code execution and a TLS bypass, and CISA says Plex is being actively exploited, and someone took over 300 Tor exit relays to steal SSH passwords, and SafePay ransomware has hit over 600 critical infrastructure orgs, and India's biggest bank filed a data loss incident, and Japan has been in an official state of emergency in cyberspace since October 9, which honestly explains the 5:55 AM post. Oh, and eMudhra, a certificate authority that's issued over 60 million certificates, whose entire job is proving websites are who they say they are, was supposed to be using private keys that are random numbers over a hundred digits long, and one of them was 4. Just 4. And the others were like 66 and 237. Anyway, it's Wednesday."
If you wondered why so many websites were offline for part of this week …

AI

  • Meta has temporarily turned of the sharing feature for its Muse agent after researchers that the shared links of Muse conversations were easily available and a few contained private information [Ars Technica | Claroc blog post]

  • Major banks are moving to restrict access by third-party AI agents of account holders after several institutions detected activity by such agents [Axios ($) | Gizmodo | Reuters ($) | KRON4 News (SF) | Yahoo! Finance]

  • From Ars Technica: “Last week, Meta faced backlash after legal experts warned that the tech giant’s sweeping new commercial terms of service seemed to give Meta permission to endlessly scrape websites linked on business pages”

  • The Florida Bar is accepting comments on a proposed advisory opinion on the use of AI tools, including agentic AI, AI transcription/recording services, and more

  • Montana is considering a proposed rule of evidence to address potential deepfakes submitted in court [Kevin Misener - LinkedIn post | e-Discovery LLC]

  • From The Verge [$]: As more AI developers start releasing AI agents as personal assistants, certain websites are blocking access/critical functions for those agents

Fabrication Follies

  • Mercante v. Tarzia [Docket | Order]


Miscellaneous

  • A number of websites were taken down temporarily this week to patch vulnerabilities in PHP, a programming language used extensively for websites and web applications [Ars Technica | The Hacker News | The PHP Foundation | The Verge ($)]

  • Related: “Security personnel around the world are on high alert Tuesday following the discovery of eight TLS certificates with private keys so weak they could allow anyone to mint trusted browser and app credentials for any site on the Internet” [Ars Technica]

  • A law firm in Carlsbad, CA is suing Thomson Reuters and West Publishing over the acquisition of Casetext by Westlaw, alleging violations of California and federal anti-trust law [ABA Journal ($) | Bloomberg Law ($) | Law360 ($) | Docket | Complaint]

  • An analysis of “billing and payment practices at small and midsized law firms” by 8am found that flat-fee billing by such firms has not grown from the first half of 2025 to the first half of 2026 [LawSites]

  • A retired professor in Philadelphia was arrested last week for deliberating blocking the path of a delivery robot; meanwhile, two men in Chicago filed separate class action suits against companies operating delivery robots, accusing them of violating Illinois’ Biometric Privacy Act [ABC7 (Chicago) | Block Club Chicago | Chicago Tribune]

  • Milwaukee, WI’s Common Council has approved a one-year moratorium on new data center projects

  • Meta has been ordered to pay US$25 billion in a judgment in New Mexico state court after the company was found to have intentionally deceived users over privacy and handling of user data [AP News | Lourdes Turrecha - LinkedIn post | Law360 ($)]


Long Reads

  • Justin Tung, Retrieval Capabilities of Legal AI Tools, Biddle Speaker Series at Penn Carey Law, Univ. of PA (Oct. 15, 2026) [Paper | Video]

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