Is “fight back” a targeted
concept in this surveillance?
EFF
LAUNCHES SURVEILLANCE SELF-DEFENSE GUIDE FOR STUDENTS
San
Francisco – Schools across the country are increasingly using
technology to spy on students at home, at school, and on social
media.
Today,
the Electronic Frontier Foundation (EFF) launched a new Surveillance
Self-Defense guide for students [1] and their parents, so they can
learn more about how schools are watching them, and how they can
fight back.
The
surveillance technology currently in use includes software to scan
students’ social media posts [2], cameras with facial recognition
and other scanning capabilities [3], and microphones to “detect
aggression [4].” Schools can even track you on devices that they
don’t control: if you have to download a certain kind of security
certificate to use the school Internet [5], they may be monitoring
your browser history and messages you send.
“Some
administrators argue that they need to use this technology to keep
schools safe, yet there is little evidence that it works,” said EFF
… In
the new guide, EFF shows students and concerned parents what kind of
technologies to watch for, how they can track you, and what it means
for privacy. For example, some schools are tracking students’
locations, ostensibly to automate attendance or track school bus
ridership. This monitoring can be conducted through tools ranging
from students’ cell phones to ID cards with tracking chips, and it
can easily continue when you are off campus. Location information is
extraordinarily sensitive–it can reveal who your friends are and
what you do when you see them, as well as what kind of medical
appointments you might have or what sort of meetings or groups you
attend regularly. In some cases, student data is reported to school
resource officers or the police, and it can be kept over time,
creating a granular history of a student’s actions.
For
Privacy for Students: https://ssd.eff.org/en/module/privacy-students
[1]
For
this release:
https://www.eff.org/press/releases/schools-are-spying-students-students-can-fight-back
Clearly,
“It’s for your own good!”
Katie
Jickling reports:
On March 1, thousands of Vermonters’ medical records became available to doctors, even for patients who have not given consent for their records to be shared.
The new sharing policy went into place Sunday for records on the statewide health information exchange, a database run by Vermont Information Technology Leaders.
Previously, Vermonters had to give consent for doctors to access their lab tests or medical history on the exchange, which stores the health records of all patients in the state.
Read
more on VTDigger.
Jobs
for my students?
The
New Pace of Privacy: More Changes Ahead Require Adaptable CPOs
2020 is shaping up to
be another eventful and demanding year for CPOs. In fact, the job of
the CPO will continue to grow in significance and evolve in
complexity as more privacy laws are enacted, organizations focus on
compliance with new requirements and media attention on privacy
issues continues to increase public awareness.
Looking back, it seems
like GDPR, effective as of 2018, was the starting gun for a race in
the evolving privacy landscape. In 2019, CCPA kept privacy
professionals working at a rapid pace, interpreting new privacy
requirements along with how to apply rules from various jurisdictions
to business operations. Now, with several recently announced federal
privacy bills, numerous state legislatures debating various forms of
privacy laws, and a collection of new privacy laws taking shape
around the world, the responsibilities of CPOs will continue to
expand in the years ahead. This may be a privacy marathon.
… California
and Nevada passed privacy laws in 2019, but numerous other states are
introducing a variety of legislative proposals this year. For
example, Virginia introduced the Virginia Privacy Act in January,
which would require
a broader use of privacy risk assessments
than current laws. Illinois also introduced the Data Transparency
and Privacy Act, which includes
opt-out rights for consumers.
In addition, Washington recently reintroduced privacy legislation
from 2019, the Washington Privacy Act, with the strong backing of
Microsoft, which now includes
standards for the use of facial recognition tools.
I
think I understand this – treat AI like an employee.
Algorithms
and Contract Law
Scholz,
Lauren, Algorithms and Contract Law (August 1, 2019). Cambridge
Handbook of the Law of Algorithms, 2019. Available at SSRN:
https://ssrn.com/abstract=3525503
– “Generalist
confusion about the technology behind complex algorithms has led to
inconsistent case law for algorithmic contracts. Case
law explicitly grounded in the principle that algorithms are
constructive agents for the companies they serve would provide a
clear basis for enforceability of algorithmic contracts
that is both principled from a technological perspective and is
readily intelligible and able to be applied by generalists.”
(Related)
Should all algorithms be open source?
ICE’S
NEW YORK OFFICE USES A RIGGED ALGORITHM TO KEEP VIRTUALLY ALL
ARRESTEES IN DETENTION. THE ACLU SAYS IT’S UNCONSTITUTIONAL.
IN
2013, U.S. Immigration and Customs Enforcement quietly began using a
software tool to recommend whether people arrested over immigration
violations should be let go after 48 hours or detained. The
software’s algorithm supposedly pored over a variety of risk
factors before outputting a decision.
A
new lawsuit, however, filed by the New York Civil Liberties Union and
Bronx Defenders, alleges that the algorithm doesn’t really make a
decision, at least not one that can result in a detainee being
released. Instead, the groups said, it’s an unconstitutional
cudgel that’s been rigged to detain virtually everyone ICE’s New
York Field Office brings in, even when the government itself believes
they present a minimal threat to public safety.
Leave
it to the lawyers to invent a new sin.
Retrievable
Images on Social Media Platforms: A Call for a New Privacy Tort
The
recognition of a right of privacy in Warren and Brandeis’s famous
article has long been celebrated and lamented. It is celebrated
because privacy is a central feature of individual well-being that
deserves legal protection. It is lamented because the protection
they contemplated, and that is actually provided by the law, is quite
modest. Modern technology, especially social media platforms, has
only raised the stakes. Anytime one goes out in public, one risks
having one’s image captured and shared worldwide, leaving us with
little or no control over how we are perceived by others.
This
Article argues for the recognition of a new privacy tort: the
tort of unwanted broadcasting.
It would allow a person whose image is, without permission, shared
widely on one or more social media platforms that has an enduring
retrievable character, to recover damages from a person who posts it.
While in some respects novel and far-reaching, the unwanted
broadcasting tort has a solid grounding in privacy theory and
doctrinal roots in English case law. This Article also shows that
this tort can be fashioned in a manner that renders it consistent
with First Amendment principles.
What
the industry thinks?
Key
Takeaways From The Gartner Magic Quadrant For AI Developer Services
Within
weeks of publishing the Magic Quadrant (MQ) report on Data Science
and Machine Learning, Gartner has come out with another MQ report
related to ML and AI.
According
to Gartner, machine learning is a subset of data science while
artificial intelligence is the business outcome of machine learning.
… It’s
not a surprise to see AWS, Google, IBM, and Microsoft securing the
slots in the leadership quadrant.
AWS,
which was excluded in the DSML MQ report is ranked as the top AI
developer services vendor. With its unique advantage of addressing
both the enterprise and consumer market needs through AWS and Alexa
respectively, Amazon has a vantage point into the use cases and
scenarios.
… Google
is one of the first to offer AI and AutoML services to developers and
businesses. Like AWS, Google also has access to large datasets from
the enterprise and consumer markets which is helping the company in
building innovative AI services.
… IBM
has also found place in the leadership quadrant. Thanks to the
investments in Watson and Augmented AI, IBM enjoys top-of-mind brand
recall in the AI market. The efforts around positioning cognitive
computing and AutoAI through Watson have started to pay off.
Free
is good. (registration required)
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