From
each new Privacy law we see new types of Class Action suits. Were
these companies getting bad legal advice?
https://www.pogowasright.org/class-action-lawsuits-filed-under-washington-state-laws/
Class
action lawsuits filed under Washington State laws
Two
potential class action lawsuits filed under the Washington Privacy
Act caught my eye.
Ford
Motor Co. Accused of Violating Privacy Law by Storing Drivers Private
Conversations and Releasing Them to Cops and a Private Company
Anne
Bradley-Smith reports:
Ford Motor Company uses its infotainment
system to secretly download and store drivers’ private text
conversations, and then turns them over to law enforcement and the
private company Berla, a new class action lawsuit alleges.
The lawsuit was filed in Washington on
Sept. 10 by lead plaintiffs Mark Jones and Michael McKee, who allege
the company violated the Washington Privacy Act. The act, they say
in the suit, forbids any entity in the state of Washington from
intercepting or pre-recording any private communication without first
obtaining consent of all the participants in the communication.
The
Ford
Illegal Recording Class Action Lawsuit
is
Jones, et al., v. Ford Motor Company, Case No. 3:21-cv-05666 in the
U.S. State of Washington Thurston County Superior Court.
Read
more on Top
Class Actions,
keeping in mind that lawsuits or complaints are just unexamined and
unproven claims at this point.
Amazon
sued over Sidewalk automatically connecting to networks
Christine
Heath reports:
A couple have filed a class action
lawsuit against Amazon.
Mary
and Matthew Street filed a
federal complain t
on July 8 in the Western District of Washington against Amazon for
violation of the Washington Consumer Protection Act and unjust
enrichment.
According to the complaint, Amazon
manufactured, marketed, and sold the Echo and Ring devices. Embedded
within Sidewalk Devices is a technology that enables those Sidewalk
Devices to connect to other Echo and Ring devices nearby through
their Bluetooth connections, creating a new, shared network.
Read
more on Legal
Newsline,
keeping in mind that lawsuits or complaints are just unexamined and
unproven claims at this point.
Another Oops?
https://www.databreaches.net/ftcs-health-breach-notification-rule-wait-did-you-say-ftcs/
FTC’s
Health Breach Notification Rule — Wait, did you say “FTC’s???”
What
does it say when a HIPAA lawyer with years of experience says he
didn’t know the FTC has a health breach notification rule?
Seen
on Jeff
Drummond’s blog:
”The
U.S. Federal Trade Commission issued a policy
statement this
week confirming that connected devices and health apps that use or
collect consumers’ health information must notify users and others
when that data is breached. Failure to comply, the agency said,
could result in a penalty of up
to $43,792 per violation per day.”
What’s
getting the FTC’s attention is the fact that so many health apps
and IOT devices collect so much health information, yet those apps
and device makers are not HIPAA-covered entities.
And those apps and devices are exploding in popularity, usage, and
ubiquity. So the
FTC is going to start enforcing its 10-year-old (but previously never
enforced) data breach notification rule.
They issued a statement to that effect here.
Wait,
the FTC has a health data breach reporting rule? I never knew that!
Anyway, it’s here;
I’ll be reading it over the weekend, and will likely report back on
the overlap (and lack of overlap) between it and the HIPAA data
breach reporting requirements.
The
rule went into effect in 2009, so one thing that tells me is that FTC
hasn’t done a great job in reminding entities of the rule or
enforcing it.
This
blogger did try to get the FTC to get involved in a breach
notification case but had filed it under Section 5 of the FTC Act as
deception and unfairness not to notify patients that their data were
up on a dark web torrent site for everyone to grab. The FTC had not
done anything in that case.
I
look forward to reading Jeff’s commentary.
Fear
the FBI for they will find you. How does one make that contact
invisible?
https://www.cpomagazine.com/cyber-security/ragnar-locker-ransomware-gang-employs-new-tactics-leaking-data-if-victims-contact-the-fbi/
Ragnar
Locker Ransomware Gang Employs New Tactics: Leaking Data if Victims
Contact the FBI
Since
it re-emerged as a major threat several years ago, ransomware has
become an evolving threat. Ransomware gangs regularly add new
tactics and twists to their playbooks to increase pressure on
victims. The latest development comes from the Ragnar Locker group,
who are now threatening to publish sensitive information if the
victim even makes contact with authorities like the FBI.
Not
yet in my library. The mouse that roared now has AI weapons.
https://www.taylorfrancis.com/books/mono/10.4324/9781003172987/disruptive-impact-lethal-autonomous-weapons-systems-diffusion-austin-wyatt
The
Disruptive Impact of Lethal Autonomous Weapons Systems Diffusion
Challenging
the focus on great powers in the international debate, this book
explores how rising middle power states are engaging with emerging
major military innovations and analyses how this will affect the
stability and security of the Indo Pacific.
Presenting
a data-based analysis of how middle power actors in the Indo-Pacific
are responding to the emergence of military Artificial Intelligence
and Killer Robots, the book
asserts that continuing to exclude non-great power actors from our
thinking in this field enables the dangerous diffusion of Lethal
Autonomous Weapon Systems (LAWS) to smaller states and terrorist
groups, and demonstrates the disruptive effects of these military
innovations on the balance of power in the Indo-Pacific.
Offering a detailed analysis of the resource capacities of China,
United States, Singapore and Indonesia, it shows how major military
innovation acts as a circuit breaker between competitor states
disrupting the conventional superiority of the dominant hegemonic
state and giving a successful adopter a distinct advantage over their
opponent.
This
book will appeal to researchers, end-users in the military and law
enforcement communities, and policymakers. It will also be a
valuable resource for researchers interested in strategic stability
for the broader Asia-Pacific and the role of middle power states in
hegemonic power transition and conflict.
I
think I understand. Can this continue?
https://pages.charlotte.edu/gordon-hull/wp-content/uploads/sites/468/2021/09/Death-of-the-Data-Subject-preprint.pdf
The
Death of the Data Subject
This paper situates the data privacy debate in the
context of what I call the death of the data subject. My central
claim is that concept of a rights-bearing data subject is being
pulled in two contradictory directions at once, and that simultaneous
attention to these is necessary to understand and resist the
extractive practices of the data industry. Specifically, it is
necessary to treat the problems facing the data subject structurally,
rather than by narrowly attempting to vindicate its rights. On the
one hand, the data industry argues that subjects of biometric
identification lack legal standing to pursue claims in court, and
Facebook recently denied
that that its facial recognition software recognizes faces.
On the other hand, industry takes consent to terms of service and
arbitration clauses to create enforceable legal subject positions,
while using promises of personalization to create a phenomenological
subject that is unaware of the extent to which it is being
manipulated. Data subjects
thus have no legal existence when it is a matter of corporate
liability, but legal accountability when it is a matter of their own
liability. Successful reform should address the power
asymmetries between individuals and data companies that enable this
structural disempowerment.
(Related) Another duality?
http://dspace.lu.lv/dspace/handle/7/56532
Legal
challenges of the rapid growth of facial recognition technology
The emergence of new technologies always brings up
a lot of ethical and legal questions. The same is true for facial
recognition technology, which has raised a lot of concerns for laymen
lacking knowledge about the technology and the regulatory side of it.
For that reason, the author decided to address these concerns in an
attempt to shed light on the topic and raise awareness of the
challenges that are yet to be fully figured out. With that in mind,
the objective of this thesis was to identify these issues and propose
possible solutions to them by creating guidelines for those deploying
this technology and those regulating it. While there were some
additional issues that the author identified within the research, the
author was also able to conclude how these issues should be addressed
and hopefully also will be in the near future.
No doubt this debate will continue until an AI is
able to make
its case in court.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3919588
Artificial
Intelligence Systems as Inventors? A Position Statement of 7
September 2021 in View of the Evolving Case-Law Worldwide
On 30 July 2021 the Federal Court of Australia
handed down a decision in which it accepted that an artificial
intelligence (AI) system called DABUS can be deemed the inventor
under Australian patent law. While the decision appears
ground-breaking at first sight, it
was mostly based on unverified assumptions regarding the technical
capabilities of AI systems in general and DABUS in particular.
Furthermore, the decision omits important questions regarding the
consequences that may follow from attributing inventorship to an
entity that lacks legal capacity without undertaking a comprehensive
analysis that would justify such attribution. This Position
Statement highlights the shortcomings of the decision and points to
those factual and legal questions that need to be answered first
before recognising AI systems as inventors. While it responds
primarily to the decision of the Australian Federal Court, the
presented arguments can be of relevance for any jurisdiction dealing
with the question of whether an AI system can be deemed an inventor
under patent law.
Does this suggest that management might also be
changing their views of AI?
https://link.springer.com/chapter/10.1007/978-3-030-70873-3_20
Tracking
Changing Perceptions of Students Through a Cyber Ethics Course on
Artificial Intelligence
The advent of technological evolution,
particularly in artificial intelligence, has increased the
responsibility of academics toward students today. It is important
to understand how students view artificial intelligence, its
development and use to provide ethical framework to help develop an
understanding of standards, codes of conduct, right and wrong.
This study records changing student choices and
opinions on artificial intelligence during a capstone ethics course
topic taught to tertiary students across 10 years, and how
introducing them to moral principles and ethical guidelines changes
the way they accept or question artificial intelligence.
It is
important to note that the study finds that students’ perceptions
and opinions have indeed been changing over the years, with newer
generations finding the concept of artificial moral agents as viable,
impressive, and exciting. The study also records how
students may not grasp the full implications of artificial moral
agents and that a stand-alone ethics course that focuses on learning
objectives that include ethical theories and framework and runs the
due course of a complete semester can help to ensure students are
asking the right questions, understanding their legal, social,
economic, and moral responsibilities, thus emphasizing the importance
of including such topics and subjects to computer and engineering
degrees.
Perspective.
https://www.bespacific.com/study-finds-remote-work-is-boosting-productivity/
Study finds
remote work is boosting productivity
VentureBeat:
“The pandemic is changing tech priorities for many companies,
according to a new report from independent research firm Omdia.
Enterprises rated cybersecurity and hybrid work as the top
initiatives at their organizations, with customer experience,
business processes, and better empowering frontline workers following
close behind. Omdia’s Future of Work survey, which compiled over
300 responses from executives at large companies, implies
that working away from traditional offices will become the new norm.
Fifty-eight percent of respondents said they’ll either be
primarily home-based or adopt a hybrid work style, while 68% of
enterprises believe employee productivity has improved since the move
to remote work. The report agrees with the conclusions of a recent
Stanford study
that
found working from home increased productivity among a group of
16,000 workers by 13% over the course of nine months. Attrition
rates were also cut by 50%, with employees citing a quieter, more
convenient working environment as a major advantage. “The world of
work has undergone significant change due to the disruptions brought
about by the pandemic,” Omdia principal analyst Adam Holtby said in
a press release. “Our research shows that people, process, place,
and technology transformation are the foundation upon which
successful digital workplace ecosystems are created.”