Sunday, November 17, 2019


Where would you test your cyber weapons?
Ghost ships, crop circles, and soft gold: A GPS mystery in Shanghai
On a sultry summer night in July 2018, the MV Manukai was arriving at the port of Shanghai, near the mouth of the Huangpu River. This busy tributary of the Yangtze winds through the city and includes the Bund, a historic waterfront area and tourist hot spot. Shanghai would be the American container ship’s last stop in China before making its long homeward journey to Long Beach, California.
As the crew carefully maneuvered the 700-foot ship through the world’s busiest port, its captain watched his navigation screens closely. By international law, all but the smallest commercial ships have to install automatic identification system (AIS) transponders. Every few seconds, these devices broadcast their identity, position, course, and speed and display AIS data from other ships in the area, helping to keep crowded waterways safe. The position data for those transponders comes from GPS satellites.
According to the Manukai’s screens, another ship was steaming up the same channel at about seven knots (eight miles per hour). Suddenly, the other ship disappeared from the AIS display. A few minutes later, the screen showed the other ship back at the dock. Then it was in the channel and moving again, then back at the dock, then gone once more.
Eventually, mystified, the captain picked up his binoculars and scanned the dockside. The other ship had been stationary at the dock the entire time.
When it came time for the Manukai to head for its own berth, the bridge began echoing to multiple alarms. Both of the ship’s GPS units—it carried two for redundancy—had lost their signals, and its AIS transponder had failed. Even a last-ditch emergency distress system that also relied on GPS could not get a fix.
Now, new research and previously unseen data show that the Manukai, and thousands of other vessels in Shanghai over the last year, are falling victim to a mysterious new weapon that is able to spoof GPS systems in a way never seen before.




Only a couple of decades late… A ‘Who’s Who” of Privacy experts?
An Open Letter to Law School Deans about Privacy Law Education in Law Schools
Recently a group of legal academics and practitioners in the field of privacy law sent a letter to the deans of all U.S. law schools about privacy law education in law schools. My own brief intro about this endeavor is here in italics, followed by the letter. The signatories to the letter have signed onto the letter, not this italicized intro.
Although the field of privacy law grown dramatically in past two decades, education in law schools about privacy law has significantly lagged behind. Most U.S. law schools lack a course on privacy law
The following letter [click here for the PDF version ] aims to make deans aware of the privacy law field. I hope that the letter is met with action.
[From the letter:
Privacy law is this century’s IP law.
Privacy law is a large and rapidly growing field with nearly boundless job opportunities.
Law schools that offer real and deep education in privacy law are reaping important competitive advantages.




Could it happen here?
TW: Online box office EZding liable for data theft and consequential damages
In September 2019 a landmark appeal court decision found an online information service provider liable for consequential damages of data theft.
In April 2017 subscribers and users of one of Taiwan’s most popular box office websites, EZding, reported numerous data theft incidents. EZding rejected the complaints about its security management, insisting that it regularly performed vulnerability scanning and, as a result, had received a Trustwave compliance certificate for its data security.
The plaintiff, a victim of the data theft, filed a civil action with the Shilin District Court, claiming property loss and compensation for non-pecuniary damages. She stated that she had received a scam phone call requesting her authorisation of an account transfer to complete a refund from EZding. After following the scammers instructions, the plaintiff had lost approximately $8,500.
EZding denied liability for all of the plaintiff’s claims. However, in view of the police investigation report, the court considered EZding liable for the data theft. Under Article 28 of the Personal Data Protection Act, the plaintiff was therefore entitled to statutory compensation of NT$20,000 (approximately $6,700). The plaintiff’s other claims were rejected.
Read more on Lexology about what happened when EZding appealed.




Automating creativity raises a few questions.
Independent Creation in a World of AI
Scholars have long debated whether the outputs of AI systems should be subject to copyright. On the one hand, the automated nature of many AI systems may make copyright unnecessary as an incentive for the creation of those AI systems’ outputs, in which case society would be better off withholding copyright protections from them. On the other hand, those outputs often exhibit sufficient creativity to merit copyright protection, and without copyright, parties that use AI systems to create such outputs may lack the necessary incentives to do so.
In this Essay, prepared as part of the Florida International University Law Review's symposium on intelligent entertainment, I argue that copyright law’s independent creation defense, as well as the widespread availability of AI systems for helping authors in their creative efforts, help address some of the concerns embedded in these debates. Historically, the independent creation defense has rarely applied, simply because independent creation of similar expression is highly unusual. But as this Essay explores, AI increases the likelihood of multiple parties creating similar expression independently, meaning that the defense can help defuse worries that applying copyright to AI outputs will result in a copyright quagmire. Furthermore, the availability of AI systems for assisting authors in their creative efforts means that authors have tools for more readily creating unique works that avoid many of the remaining copyright landmines.
Other copyright issues linger, however, and the last part of this Essay examines some of these concerns in brief. In particular, parties may wish to use specific AI outputs in their own creative efforts, and neither the independent creation defense nor the availability of AI tools for creating something unique help address this problem. Copyright law’s fair use defense may, however, and the Essay concludes by briefly examining how.




I doubt most lawyers even want to discuss the possibility.
On Possibility of Perception of Modern Spanish Law Concepts of Legal Personality for Artificial Intelligence: A View from Russia
Social life and technical innovations are always ahead of their legal regulation. This calls for a consistent reconsideration, renewal and improvement of currently existing legislation. Scientific discussions are now being held in Spain looking into the possibility of granting legal personality to robots. The increasing presence of artificial intelligence in our everyday life is rather objective. Nevertheless, it causes people’s inconvenience and anxiety. It is difficult for the legislator to define the level of his impact which he or she can actually have on the problems of legal regulation of the usage of using the artificial intelligence, including the issues concerning prevention of crimes that involve robots. The purpose of the following article is to study a number of concepts of legal personality of artificial intelligence in Spain. Some possibilities of proving a legal framework in the Spanish legislation for these concepts are considered. A number of probable problems caused by the vagueness of robots’ legal status are examined. The opportunity of perception of artificial intelligence as a subject of law in Spanish legislation is determined. The leading methods of this research were systematic and comparative approaches, methods of synthesis and analysis, which allowed to analyze, summarize and systematize the concepts of legal personality of artificial intelligence in Spain. As a result of studying the following issues, the authors came to the conclusion that there exists a crucial need to establish some limits of legal personality of robots. The public need for formation of a certain legal framework allowing to resolve ethical and legal conflicts with participation of artificial intelligence was discovered. The endeavor of society to harmonize the legislation in the field of robotics at the international level was revealed. The necessity of hindering the usage of robots for criminal purposes was proved




Perspective.
THE EVERYTHING TOWN IN THE MIDDLE OF NOWHERE
How the tiny town of Roundup, Montana, became a hub in Amazon’s supply chain
It all started in 2015. Kristal Graham, 39, had moved to the area ten years earlier to work on a ranch, but when her brother died, she turned to Amazon to sell off his books. She soon found herself sucked into the world of Amazon Marketplace, the company’s platform for third-party sellers that now represents the majority of goods sold on the site. Though she had exhausted her supply of books, she found she could buy all manner of goods (razors, K-Y Jelly, first-aid kits) from other retailers and sell those on Amazon for a profit, too.
This sort of arbitrage is common and has helped Amazon both expand its catalog and sap its competitors. It’s hard for companies like Nike to refuse to sell on Amazon or for competitors like Target to lure customers away with steep discounts when someone like Kristal can just buy their wares and resell them at a markup. Amazon has made buying stuff so frictionless and habitual, delivery so fast — and for Prime members, free — that many shoppers don’t bother checking prices anywhere else.



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