Consent
is fiction.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4333743
Murky
Consent: An Approach to the Fictions of Consent in Privacy Law
Consent
plays a profound role in nearly all privacy laws. As Professor Heidi
Hurd aptly said, consent works “moral magic” – it transforms
things that would be illegal and immoral into lawful and legitimate
activities. As to privacy, consent authorizes and legitimizes a wide
range of data collection and processing.
There
are generally two approaches to consent in privacy law. In the
United States, the notice-and-choice approach predominates;
organizations post a notice of their privacy practices and people are
deemed to consent if they continue to do business with the
organization or fail to opt out. In the European Union, the General
Data Protection Regulation (GDPR) uses the express consent approach,
where people must voluntarily and affirmatively consent.
Both
approaches fail. The evidence of actual consent is non-existent
under the notice-and-choice approach. Individuals are often
pressured or manipulated, undermining the validity of their consent.
The express consent approach also suffers from these problems –
people are ill-equipped to decide about their privacy, and even
experts cannot fully understand what algorithms will do with personal
data. Express consent also is highly impractical; it inundates
individuals with consent requests from thousands of organizations.
Express consent cannot scale.
In
this Article, I contend that most of the time, privacy consent is
fictitious. Privacy law should take a new approach to consent that I
call “murky consent.” Traditionally, consent has been binary –
an on/off switch – but murky consent exists in the shadowy middle
ground between full consent and no consent. Murky consent embraces
the fact that consent in privacy is largely a set of fictions and is
at best highly dubious.
Because
it conceptualizes consent as mostly fictional, murky consent
recognizes its lack of legitimacy. To return to Hurd’s analogy,
murky consent is consent without magic. Rather than provide
extensive legitimacy and power, murky consent should authorize only a
very restricted and weak license to use data. Murky consent should
be subject to extensive regulatory oversight with an ever-present
risk that it could be deemed invalid. Murky consent should rest on
shaky ground. Because the
law pretends people are consenting, the law’s goal should be to
ensure that what people are consenting to is good. Doing
so promotes the integrity of the fictions of consent. I propose four
duties to achieve this end: (1) duty to obtain consent appropriately;
(2) duty to avoid thwarting reasonable expectations; (3) duty of
loyalty; and (4) duty to avoid unreasonable risk. The law can’t
make the tale of privacy consent less fictional, but with these
duties, the law can ensure the story ends well.
Tools
& Techniques. (Talking gooder to your AI)
https://www.makeuseof.com/ai-prompting-tips-and-tricks-that-actually-work/#explain-what-hasn-39-t-worked-when-you-39-ve-prompted-in-the-past
7
AI Prompting Tips and Tricks That Actually Work
… A
whole new world of prompt engineering is springing into life, all
dedicated to crafting and perfecting the art of AI prompting. But
you can skip the tricky bits and improve your AI prompting game with
these tips and tricks.
Tools
& Techniques. Soon, humans not required.
https://www.police1.com/police-products/police-technology/software/report-writing/axon-releases-draft-one-ai-powered-report-writing-software
Axon
releases Draft One, AI-powered report-writing software
Axon
has
announced the release of Draft One, a new software product that
drafts police report narratives in seconds based on auto-transcribed
body-worn camera audio, according
to a press release.
Reporting
is a critical component of good police work, however, it has become a
significant part of the job. Axon found that every week officers in
the U.S. can spend up to 40% of their time — or 15 hours per week —
on what is essentially data entry.
Tools
& Techniques.
https://www.lawnext.com/2024/04/launching-today-the-first-meeting-bot-specifically-for-legal-professionals-for-use-in-depositions-hearings-and-more.html
Exclusive:
Launching Today Is The First Meeting Bot Specifically for Legal
Professionals, for Use In Depositions, Hearings, and More
You
may have noticed of late that many of your video meetings have an
unfamiliar attendee — a meeting bot, invited by one of the human
participants, that produces a recording or transcript when the
meeting is over. But while there are several such products on the
market, none have been developed to meet the specific needs of legal
professionals.
That
changes today with the beta launch of CoCounsel.ai,
the first legally nuanced meeting bot. It can join a legal event
such as a deposition, hearing or arbitration, and it uses
legal-specific
AI speech-to-text
to provide a legally formatted, highly accurate real-time
transcript,
along with features such as bookmarking, tagging and archiving.