An escalation or will it cause the hackers to escalate, innovate and retaliate?

https://krebsonsecurity.com/2020/10/report-u-s-cyber-command-behind-trickbot-tricks/?web_view=true

Report: U.S. Cyber Command Behind Trickbot Tricks

A week ago, KrebsOnSecurity broke the news that someone was attempting to disrupt the Trickbot botnet, a malware crime machine that has infected millions of computers and is often used to spread ransomware. A new report Friday says the coordinated attack was part of an operation carried out by the U.S. military’s Cyber Command.

… In a story published Oct. 9, The Washington Post reported that four U.S. officials who spoke on condition of anonymity said the Trickbot disruption was the work of U.S. Cyber Command, a branch of the Department of Defense headed by the director of the National Security Agency (NSA).

The Post report suggested the action was a bid to prevent Trickbot from being used to somehow interfere with the upcoming presidential election, noting that Cyber Command was instrumental in disrupting the Internet access of Russian online troll farms during the 2018 midterm elections.

Coming soon?

https://www.technologyreview.com/2020/10/09/1009992/live-facial-recognition-is-tracking-kids-suspected-of-crime/

Live facial recognition is tracking kids suspected of being criminals

In Buenos Aires, the first known system of its kind is hunting down minors who appear in a national database of alleged offenders.

In a national database in Argentina, tens of thousands of entries detail the names, birthdays, and national IDs of people suspected of crimes. The database, known as the Consulta Nacional de Rebeldías y Capturas (National Register of Fugitives and Arrests), or CONARC, began in 2009 as a part of an effort to improve law enforcement for serious crimes.

But there are several things off about CONARC. For one, it’s a plain-text spreadsheet file without password protection, which can be readily found via Google Search and downloaded by anyone. For another, many of the alleged crimes, like petty theft, are not that serious—while others aren’t specified at all.

Most alarming, however, is the age of the youngest alleged offender, identified only as M.G., who is cited for “crimes against persons (malicious)—serious injuries.” M.G. was apparently born on October 17, 2016, which means he’s a week shy of four years old.

Now a new investigation from Human Rights Watch has found that not only are children regularly added to CONARC, but the database also powers a live facial recognition system in Buenos Aires deployed by the city government. This makes the system likely the first known instance of its kind being used to hunt down kids suspected of criminal activity.

(Related)

CBP expands facial recognition program to international travelers at San Francisco and San Jose airports

Kyle Wiggers reports:

U.S. Customs and Border Protection (CBP) this week announced the expansion of its Simplified Arrival program, which uses facial recognition to verify the identity of airline travelers arriving in the U.S. According to a press release, Simplified Arrival is now in use at San Francisco International Airport and Norman Y. Mineta San Jose International Airport following recent installations in Detroit and Houston.

Read more on VentureBeat. And see also 400 Facial Recognition Gates In A Single Airport: The Terrifying Future of Air Travel.

Probably makes sense as we find out what the Space Force’s mission is…

https://www.infosecurity-magazine.com/news/us-to-grow-space-force/?&web_view=true

US to Grow Space Force Cybersecurity Team

… Speaking at the CyberSatGov virtual event held yesterday, Crider said that 130 cybersecurity officers would be transferred into the Space Force along with 1,000 enlisted personnel, who would be assigned cybersecurity work in the fiscal year 2021.

… Crider said that part of the Space Force's cyber future response would include technologies like GPS anti-jamming solutions and Protected Anti-Jam Tactical Satcom (PATS).

A missing area of governance?

https://www.databreaches.net/office-of-the-comptroller-of-the-currency-fines-morgan-stanley-60-million-for-2016-data-breach/

Office of the Comptroller of the Currency fines Morgan Stanley $60 million for 2016 data breach

Brendan Pedersen reports:

Morgan Stanley was slapped with a $60 million fine by regulators Thursday for risk management problems tied to a 2016 data breach.

The consent order by the Comptroller of the Currency cited failures at both Morgan Stanley Bank, N.A., and Morgan Stanley Private Bank, N.A. related to the shutdown of two wealth management data centers and the company’s use of third-party vendors to help with the closures.

The OCC found that the bank did not take proper precautions in dismantling and disposing of outgoing hardware that contained sensitive customer data and failed to properly supervise the vendors Morgan Stanley tasked with wiping customer data from the old equipment before it was resold.

Read more on American Banker.

Like a reverse location warrant, but global?

https://www.bespacific.com/google-is-giving-data-to-police-based-on-search-keywords/

Google is giving data to police based on search keywords

Cnet – Court records in an arson case show that Google gave away data on people who searched for a specific address. “There are few things as revealing as a person’s search history, and police typically need a warrant on a known suspect to demand that sensitive information. But a recently unsealed court document found that investigators can request such data in reverse order by asking Google to disclose everyone who searched a keyword rather than for information on a known suspect…”

Another example the US will simply ignore…

https://securityaffairs.co/wordpress/109198/laws-and-regulations/indonesia-personal-data-protection-law.html?web_view=true

Indonesia Soon to Become the Fifth ASEAN Country to Adapt Data Privacy Laws

Earlier this year, Indonesia joined the ranks with the first four ASEAN countries including Malaysia, Singapore, Philippines and Thailand to have enacted laws relating to personal data protection.

On January 28th, Indonesia’s Ministry of Communication and Information Technology announced that the final draft for the Personal Data Protection Act has been submitted to the president of Indonesia.

In case I want to start a bank?

https://www.theblockcrypto.com/post/80303/seven-central-banks-bis-publish-report-on-digital-currency

Seven central banks and BIS publish report on digital currency, detailing how it should be designed

The 26-page report, published Friday, outlines “foundational principles and core features” of central bank digital currencies (CBDCs). The report has been compiled by seven central banks — by the Bank of Canada, the Bank of England, the Bank of Japan, the European Central Bank, the Federal Reserve, Sveriges Riksbank, and the Swiss National Bank — and the BIS.

Tools. Because you’ll need local news to find out where the zombies are…

https://www.makeuseof.com/apps-stream-local-news-for-free/

8 Apps Which Let You Stream Local News for Free

If you have cut the cord, accessing local news through your TV can be complicated. The good news is you don't need a costly cable package to stay on top of what's happening in your neighborhood.

“Governance is as governance does.” F. Gump

https://www.helpnetsecurity.com/2020/10/07/security-restrictions-on-corporate-devices/?web_view=true

37% of remote employees have no security restrictions on corporate devices

… 63% of respondents report that their organization has provided them with a corporate device to utilize while working remotely.

Interestingly, 37% of those respondents also say that there are no security restrictions on these corporate devices. Therefore, risky online activities such as visiting unsecured websites, sharing personal information, and downloading third-party software could pose potential threats.

Hummm…

Over 50 Privacy Professionals & Experts Oppose Prop. 24

Eric Goldman writes:

The length and complexity of Proposition 24, the California Privacy Rights Act (CPRA), makes it challenging for ordinary citizens to evaluate the proposal. Thus, it’s helpful to hear how members of the privacy community feel about it. They are in the best position to understand and interpret it, and they may have some personal financial interest in it. Perhaps not surprisingly, many folks who know the most about privacy law actually oppose Prop. 24.

Read more on Technology & Marketing Law Blog.

(Related) On the other hand…

https://www.wired.com/story/global-privacy-control-launches-do-not-track-is-back/

‘Do Not Track’ Is Back, and This Time It Might Work

In theory, the law gives California residents the right to opt out of any business selling their data. In practice, it hasn’t seen much use. Most people don’t go to the trouble of opting out of every website, one at a time. One analysis, by DataGrail, a privacy compliance company, found that there were only 82 “do not sell” requests for every million consumer records over the first six months of the year. A study published last week by Consumer Reports helps explain why: Opting out of everything is a complicated pain in the ass.

Change could be coming, however. The CCPA includes a mechanism for solving the one-by-one problem. The regulations interpreting the law specify that businesses must respect a “global privacy control” sent by a browser or device. The idea is that instead of having to change privacy settings every time you visit a new site or use a new app, you could set your preference once, on your phone or in a browser extension, and be done with it.

There must be some really strange “because.”

https://www.nybooks.com/daily/2020/10/08/the-fbi-team-sent-to-exploit-protesters-phones-in-portland/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+nybooks+%28The+New+York+Review+of+Books%29

The FBI Team Sent to ‘Exploit’ Protesters’ Phones in Portland

The FBI’s Washington, D.C., headquarters sent agents from its “Fly Team,” an elite counterterrorism unit, to Portland this summer during the second weekend in July. Their task was to interview arrested protesters and carry out the “initial exploitation of phones, or other communication devices,” according to FBI emails obtained through a public records request. It is unclear whether the Fly Team operation extended either past that weekend or beyond Portland, but the emails suggest that the FBI has been using counterterrorism tools and powers to map left-wing protest networks just months before an election whose result is likely to be delayed, if not challenged.

Your own little stalker tool.

https://www.makeuseof.com/best-gps-phone-tracker-to-track-a-cell-phone-location-for-free/

The Best GPS Phone Tracker to Track a Cell Phone's Location

Spyine is a powerful, well-known location tracker. The app is compatible with both Android (minimum version 4.0) and iOS devices. You can track the target device’s location from any web browser, be it your phone or PC.

… Spyine isn't the only solution out there. Here are some other options to consider.

Minspy: Minspy is another popular phone tracking and parental control service. It can target phone and tablets location in real-time. Like Spyine it can track calls, messages, and social media apps, and more. Geo-fencing is also supported, and you can even link it to social media apps. On the downside, Minspy needs an always-on internet connection in order to work.

Spyier: Similar kind of app with a focus on GPS and geofencing. You can view the device's location on a 3D map and has the ability to log location pin-points precisely. Spyier is also useful for companies that want to supervise employees on company-issued devices. Again, you will need an internet connection for the app to work.

Neatspy: It can track phone location in real-time. The user interface is accessible and easy to use. Its GPS tracker ensures that the location is logged with entry time and date. You can see them remotely through your web browser.

Because I clearly need to learn more…

https://stratechery.com/2020/anti-monopoly-vs-antitrust/

Anti-monopoly vs. Antitrust

Perspective.

https://techcrunch.com/2020/10/08/consumers-spent-record-28-billion-in-apps-in-q3-aided-by-pandemic/

Consumers spent a record $28 billion in apps in Q3, aided by pandemic

Mobile usage continues to remain high amidst the COVID-19 pandemic, which has prompted social distancing measures and lockdown policies, and has pushed consumers to connect online for work, school and socializing. This, in turn, has helped drive record spending in apps during the quarter, as well as a huge surge in time spent in apps. According to a new report from App Annie, consumers in the third quarter downloaded 33 billion new apps globally and spent a record $28 billion in apps — up 20% year-over-year. They also spent more than 180 billion collective hours each month of July, August and September 2020 using apps, an increase of 25% year-over-year.

Perspective. Did the President’s threat to ban TikTok cause the increase?

https://www.cnbc.com/2020/10/06/tiktok-passes-instagram-as-second-most-popular-social-app-for-us-teens.html

TikTok passes Instagram as second-most popular social app for U.S. teens

TikTok has surpassed Instagram as U.S. teenagers’ second-favorite social media app, according to a report published Tuesday. 

The short-video app is now favored among teens second only to Snap’s Snapchat, according to Piper Sandler. The report found that 34% of teens list Snapchat as their favorite social app followed with 29% picking TikTok. Trailing Snapchat and TikTok was Facebook’s Instagram, with only 25% of teens picking it as their favorite social app. TikTok placed No. 3 in the spring 2020 version of the Piper Sandler report.

… TikTok is owned by China’s ByteDance. Last month, President Donald Trump gave approval for a deal that will allow Oracle and Walmart to acquire 20% of TikTok Global, a new company that will handle Americans’ TikTok data.

Another change due to the pandemic.

https://dilbert.com/strip/2020-10-08

I try not to judge, but OUCH! A new example of “undue reliance.”

https://www.securityweek.com/smart-male-chastity-device-vulnerable-locking-hackers-researchers?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Securityweek+%28SecurityWeek+RSS+Feed%29

'Smart' Male Chastity Device Vulnerable to Locking by Hackers: Researchers

The Cellmate, produced by Chinese firm Qiui, is a cover that clamps on the base of the male genitals with a hardened steel ring, and does not have a physical key or manual override.

The locking mechanism is controlled with a smartphone app via Bluetooth -- marketed as both an anti-cheating and a submission sex play device -- but security researchers have found multiple flaws that leave it vulnerable to hacking.

"We discovered that remote attackers could prevent the Bluetooth lock from being opened, permanently locking the user in the device. There is no physical unlock," British security firm Pen Test Partners said Tuesday.

"An angle grinder or other suitable heavy tool would be required to cut the wearer free."

For my Data Governance class.

https://sloanreview.mit.edu/article/data-governance-in-the-21st-century-organization/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+mitsmr+%28MIT+Sloan+Management+Review%29

Data Governance in the 21st-Century Organization

… Broadly speaking, data governance builds on the concepts of governance found in other disciplines, such as management, accounting, and IT. Think of it as a set of practices and guidelines that define the loci of accountability and responsibility related to data within the organization. These guidelines support the organization’s business model through generating and consuming data.

Why it will be difficult to stop tracking ‘consumers.’

https://www.forbes.com/sites/bernardmarr/2020/10/07/smartphone-tracking-data-and-artificial-intelligence-turn-peoples-movements-into-detailed-insights-and-profits/#7bac40726bef

Smartphone Tracking Data And Artificial Intelligence Turn People’s Movements Into Detailed Insights And Profits

Not all businesses experienced a setback due to COVID-19.  Cosmose AI, a company that uses machine learning to predict who will go shopping as well as when and where, plus measures the effectiveness of online ads to online and in-person store visits, expanded during the pandemic.

… Marketers had previously been able to track online ad effectiveness for online traffic, but now through Cosmose AI's platform, they can realize insights for foot traffic as well.

These insights help retailers determine when to reopen stores post-pandemic, how to increase revenue, and even what inventory to stock.

(Related)

The IRS Is Being Investigated for Using Location Data Without a Warrant

Could businesses be making the same error?

Treat AI As Intelligence — Not Technology

The US military is rolling out AI-enabled projects like the Air Force’s Airborne Battle Management System or the Army’s Project Convergence. But the novelty of these demonstrations and the effort required to pull them off suggest that—unlike Silicon Valley—DoD is struggling to incorporate AI into its combat systems, aircraft, ships, and other equipment.

DoD promulgated an Artificial Intelligence Strategy, established the Joint Artificial Intelligence Center, and the services all stood up their own AI offices, so we know they’re trying hard. The problem is these initiatives treat AI as a tool rather than a method for using a tool.

Tools & Techniques. (Podcast)

https://channel9.msdn.com/Shows/AI-Show/AI-Applications-Without-a-PhD

AI Applications Without a PhD

When you think of "deep learning" you might think of teams of PhDs with petabytes of data and racks of supercomputers. But it turns out that a year of coding, high school math, a free GPU service, and a few dozen images is enough to create world-class models. fast.ai has made it their mission to make deep learning as accessible as possible, and in this interview fast.ai co-founder Jeremy Howard explains how to use their free software and courses to become an effective deep learning practitioner.

Another effort...

https://www.eetimes.com/nxp-launches-ai-ethics-initiative/

NXP Launches AI Ethics Initiative

NXP has launched an AI ethics initiative intended to encourage the ethical development of AI systems in edge devices. The initiative, a framework of five key principles, is intended for NXP to use when developing AI applications or AI enabling technologies, but the company hopes to also set a good example for its customers.

… NXP’s five key principles for ethical AI systems are:

• Non-maleficence. Systems should not harm human beings and algorithmic bias should be minimized through ongoing research and data collection.

• Human autonomy. AI systems should preserve the autonomy of human beings and warrant freedom from subordination to — or coercion by — AI systems.

• Explainability and transparency. Vital to build and maintain trust of AI systems — users need to be aware they are interacting with AI and need the ability to retrace the system’s decisions.

• Continued attention and vigilance. To promote cross-industrial approaches to AI risk mitigation, foster multi-stakeholder networks to share new insights, best practices and information.

• Privacy and security by design. These factors must be considered from the start; they can not be bolted on as an afterthought. Traditional software attack vectors must be addressed, but they alone are not sufficient. Strive to build new frameworks for next-gen AI/ML.

Perspective.

https://www.bespacific.com/judge-amy-coney-barrett-herjurisprudence-and-potential-impact-on-the-supreme-court/

Judge Amy Coney Barrett: Her Jurisprudence and Potential Impact on the Supreme Court

CRS report via LC – Judge Amy Coney Barrett: Her Jurisprudence and Potential Impact on the Supreme Court, October 6, 2020: “On September 26, 2020, President Donald J. Trump announced the nomination of Judge Amy Coney Barrett of the U.S. Court of Appeals for the Seventh Circuit to the Supreme Court of the United States to fill the vacancy left by the death of Justice Ruth Bader Ginsburg on September 18, 2020. Judge Barrett has been a judge on the Seventh Circuit since November 2017, having been nominated by President Trump and confirmed by the Senate earlier that year. The nominee earned her law degree from Notre Dame Law School in 1997,and clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit and Supreme Court Justice Antonin Scalia. From 2002 until her appointment to the Seventh Circuit in 2017, Judge Barrett was a law professor at Notre Dame Law School, and she remains part of the law school faculty. Her scholarship has focused on topics such as theories of constitutional interpretation, stare decisis, and statutory interpretation. If confirmed, Judge Barrett would be the fifth woman to serve as a Supreme Court Justice…

Suppose the ‘best idea’ is to compete as a global company?

https://www.theverge.com/2020/10/6/21504814/congress-antitrust-report-house-judiciary-committee-apple-google-amazon-facebook

Congress releases blockbuster tech antitrust report

The House Judiciary Committee has released its conclusions on whether Amazon, Facebook, Apple, and Google are violating antitrust law. Its 449-page report criticizes these companies for buying competitors, preferencing their own services, and holding outsized power over smaller businesses that use their platforms. “Our investigation revealed an alarming pattern of business practices that degrade competition and stifle innovation,” said committee member Val Demings (D-FL). “Competition must reward the best idea, not the biggest corporate account. We will take steps necessary to hold rulebreakers accountable.”

… Most broadly, it suggests that Congress define a new standard for antitrust violations, declaring that the laws should be “designed to protect not just consumers, but also workers, entrepreneurs, independent businesses, open markets, a fair economy, and democratic ideals.”

(Related)

https://blog.aboutamazon.com/policy/fringe-notions-for-regulating-retail-would-destroy-small-businesses-and-hurt-consumers

Fringe notions on antitrust would destroy small businesses and hurt consumers

(Related)

https://www.macrumors.com/2020/10/06/apple-disagrees-antitrust-report/?scrolla=5eb6d68b7fedc32c19ef33b4

Apple 'Vehemently Disagrees' With U.S. Tech Company Antitrust Report

Computer Security in the age of Covid. So there is a 50% chance you have been hit!

https://www.cpomagazine.com/cyber-security/half-of-all-organizations-experienced-cyber-security-incidents-during-the-remote-working-period/

Half of All Organizations Experienced Cyber Security Incidents During the Remote Working Period

Half of all organizations experienced security incidents associated with remote working during the lockdown period, according to a report by Tessian. The “Securing the Future of Hybrid Working” report also found that phishing remained the most prevalent threat facing employees working remotely. While remote working was a predisposing factor for cyberattacks, the Tessian report found that most employees prefer hybrid working environments, with just 11% exclusively preferring office work.

Isn’t this a crime in most places by now?

https://www.zdnet.com/article/ransomware-victims-arent-reporting-attacks-to-police-thats-causing-a-big-problem/?&web_view=true

Ransomware victims aren't reporting attacks to police. That's causing a big problem

… while ransomware is one of the most high-profile forms of cyberattack, Europol's report warns that it remains an under-reported crime as many organisations still aren't coming forward to law enforcement after falling victim.

Several law enforcement agencies across Europe say they've only heard of ransomware cases via reports in local media.

The report suggests that approaching police to start a criminal investigation was "not generally a priority" for victims, who are more concerned with maintaining business continuity and limiting reputational damage. For some, the idea of getting law enforcement involved could be seen as a risk to their reputation.

That's why some businesses are choosing to engage with what Europol describes as "private sector security firms" to investigate attacks or negotiate ransom payments, instead of approaching the authorities.

Perspective. Fortunately, humans did not have to read all these emails.

https://ciso.economictimes.indiatimes.com/news/microsoft-blocked-13-billion-malicious-emails-in-2019/78486273

Microsoft blocked 13 billion malicious emails in 2019

Microsoft blocked over 13 billion malicious and suspicious mails in 2019, of which more than 1 billion were phishing credential attacks.

… according to Microsoft's annual Digital Defense Report.

Do precedents swim the Atlantic?

https://www.cnbc.com/2020/10/06/ecj-limits-government-spying-on-citizens-mobile-and-internet-data-.html

EU’s top court limits government spying on citizens’ mobile and internet data

… The European Court of Justice (ECJ), the EU’s highest legal authority, ruled Tuesday that member states cannot collect mass mobile and internet data on citizens.

Forcing internet and phone operators to carry out the “general and indiscriminate transmission or retention of traffic data and location data” is against EU law, the court explained in its ruling.

Will the US (or the rest of the EU) adopt these guidelines?

https://www.insideprivacy.com/data-privacy/french-supervisory-authority-publishes-final-version-of-cookie-guidelines-says-it-will-start-enforcing-them-in-april-2021/

French Supervisory Authority Publishes Final Version of Cookie Guidelines, Says It Will Start Enforcing Them in April 2021

On October 1, 2020, the French Supervisory Authority (“CNIL”) published the final version of its Guidelines on cookies and other tracking technologies (hereafter, “guidelines” – see announcement here, and guidelines here, in French), as well as an adjoining set of best practice recommendations (in French) with examples on how to implement the guidelines. In this blog post, we summarize the key points mentioned in the CNIL’s guidelines.

Let me ‘splain.

https://techxplore.com/news/2020-10-explanations-data-based-users-ai.html

Do explanations for data-based predictions actually increase users' trust in AI?

In recent years, many artificial intelligence (AI) and robotics researchers have been trying to develop systems that can provide explanations for their actions or predictions. The idea behind their work is that as AI systems become more widespread, explaining why they act in particular ways or why they made certain predictions could increase transparency and consequently users' trust in them.

Researchers at Bretagne Atlantique Research Center in Rennes and the French National Center for Scientific Research in Toulouse have recently carried out a study that explores and questions this assumption, with the hope of better understanding how AI explainability may actually impact users' trust in AI. Their paper, published in Nature Machine Intelligence, argues that an AI system's explanations might not actually be as truthful or transparent as some users assume them to be.

… More information: Erwan Le Merrer et al. Remote explainability faces the bouncer problem, Nature Machine Intelligence (2020). DOI: 10.1038/s42256-020-0216-z

“Should” is a question for later...

https://slate.com/technology/2020/10/artificial-intelligence-job-interviews.html

Should Robots Be Conducting Job Interviews?

… Odds are, if you’re applying for the kinds of jobs that attract lots of applicants, you’re going to be interviewed by one eventually. It’s so prevalent that Fast Company ran an article telling readers about “4 things you must do to prep for an AI-powered job interview,” while LinkedIn runs a free A.I. video interview practice tool. And as much as the companies behind them tell me otherwise, you might not love it.

What if my AI is ‘better’ than your AI? Are you negligent?

https://www.bespacific.com/legal-analytics/

Legal Analytics

Alschner, Wolfgang, Legal Analytics (July 28, 2020). Forthcoming, AI and the Law in Canada, T. Scassa & F. Martin-Bariteau, eds. LexisNexis Canada, 2020, Available at SSRN: https://ssrn.com/abstract=3662196

“Lawyers across the world are beginning to use statistics, machine learning and data science to review contracts, investigate case law or predict judicial outcomes. This ability to mine law as data is known as legal analytics. Legal analytics promises to render legal analysis scalable as lawyers can quickly peruse hundreds, thousands or even millions of legal texts that would take months to read. Legal information thereby not only becomes more accessible, but legal services can be provided more efficiently and effectively helping to close the access-to-justice gap. Data and algorithms power such legal analytics. But whereas algorithms are often open source, access to legal documents such as statutes or cases in bulk is surprisingly restricted as data is often concentrated among a few large legal service providers. Creating a healthy eco-system for legal analytics to thrive thus requires open legal data, while protecting sensitive private information, as well as innovation and competition among providers.”

(Related)

https://www.bespacific.com/a-short-happy-guide-to-advanced-legal-research/

A Short & Happy Guide to Advanced Legal Research

Long, Ann Walsh, A Short & Happy Guide to Advanced Legal Research (Table of Contents and Chapter 6 on The Ethics of Online Legal Research) (August 11, 2020). A Short and Happy Guide to Advanced Legal Research (West Academic 2020) ISBN: 9781640207486, Available at SSRN: https://ssrn.com/abstract=3671870 – “Legal research and writing are the skills every practicing lawyer relies on to be successful, but every practicing lawyer also needs to be aware of the ethical issues associated with online legal research. This chapter will explore the ethical duty lawyers have to their clients while conducting legal research online. ABA Model Rule 1.1 imposes a duty of competence upon all lawyers and defines competent representation to include “the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” Because conducting research is often an essential part of the “thoroughness and preparation reasonably necessary for the representation,” this ethical component applies directly to legal research.

Today’s lawyers also need to understand whether litigation analytics and/or AI will be cost and time efficient for their client’s issue in order to be both competent and thorough. A lawyer’s duty of competence now includes a duty regarding technology, which includes new legal research technologies using artificial intelligence and litigation analytics. Lawyers must “keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.” Thirty-seven jurisdictions have adopted an “ethical duty of technology competence” as part of their rules of professional conduct, and Florida and North Carolina now require specific technology Continuing Legal Education (CLE) credits. While there is not a consensus on what “technology” is — it can range from using email to creating smart contracts — conducting legal research online requires an understanding of the associated risks to your clients. The attached excerpt includes the table of contents for the book and the chapter on the ethics of online legal research. The chapter discusses the duty of competence related to AI and litigation analytics, cloud-based services and third-party vendors, preventing the inadvertent or unauthorized disclosure of client information, and reasonable fees…”

Or, they could collect my dumb questions…

https://www.bespacific.com/structuring-techlaw/

Structuring Techlaw

Crootof, Rebecca and Ard, BJ, Structuring Techlaw (July 30, 2020 – Published September 14, 2020). Harvard Journal of Law & Technology, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3664124 or http://dx.doi.org/10.2139/ssrn.3664124 – “Technological breakthroughs challenge core legal assumptions and generate regulatory debates. Practitioners and scholars usually tackle these questions by examining the impacts of a particular technology within conventional legal subjects — say, by considering how drones should be regulated under privacy law, property law, or the law of armed conflict. While individually useful, these siloed analyses mask the repetitive nature of the underlying questions and necessitate the regular reinvention of the regulatory wheel. An overarching framework — one which can be employed across technologies and across subjects — is needed. The fundamental challenge of tech-law is not how to best regulate novel technologies, but rather how to best address familiar forms of uncertainty in new contexts. Accordingly, we construct a three-part framework, designed to encourage a more thoughtful resolution of tech-law questions. It:

1. delineates the three types of tech-fostered legal uncertainty, which facilitates recognizing common issues;

2. requires a considered selection between permissive and precautionary approaches to technological regulation, given their differing distributive consequences; and

3. highlights tech-law-specific considerations when extending extant law, creating new law, or reassessing a legal regime.

This structure emphasizes the possibility of considered and purposeful intervention in the iterative and co-constructive relationship between law and technology. By making it easier to learn from the rich history of prior dilemmas and to anticipate future issues, this framework enables policymakers, judges, and other legal actors to make more just and effective regulatory decisions going forward…”

Perspective.

https://www.bespacific.com/crs-seminars-on-disruptive-technologies-videos/

CRS Seminars on Disruptive Technologies: Videos

CRS via LC – CRS Seminars on Disruptive Technologies: Videos, Updated October 5, 2020. “New technologies, and those that represent an evolutionary improvement of an existing tool or process, that exhibit the potential to have large-scale effects on social and economic activity are often referred to as “disruptive” technologies. They can disrupt existing markets, practices, and processes by displacing and replacing incumbent technologies and actors. The emergence of smartphones through the convergence of mobile phone and computing technologies, for example, profoundly affected the telecommunications sector—including its relevant market actors, service offerings, and hardware and software infrastructures. It has also impacted how individuals and groups communicate through voice, text, images, and video; consume and create media; access and disseminate information; and engage in leisure activities. The positive and negative short-, medium-, and long-term effects emerging technologies may have are difficult to predict and present a range of issues for Congress. Since the development trajectories and potential outcomes of emerging technologies are uncertain—some that show great promise may ultimately fail to develop as expected and others may have unintended yet profound impacts—systematic data to help guide policy development and legislation is sparse. To support Congress in examining these opportunities and issues, CRS has held a series of seminars for Congress designed to provide an opportunity for congressional staff to better understand the possible impacts of disruptive technologies of interest. In the seminars held to date, over 30government and private-sector experts discussed technical, economic, policy, and legal aspects of eight disruptive technology topics: advanced battery energy storage, artificial intelligence, autonomous vehicles, blockchain, commercial spaceflight, cybersecurity, gene editing, and quantum information science. This report describes each of the seminars in the series and provides links to videos of them that are available on the CRS website…”

Just in case.

https://www.bespacific.com/thingiverse/

Thingiverse

“Thingiverse is a free library of files for printing in 3D. Search or browse for a thing you want and there’s a good chance someone has already designed a model and posted a free version for downloading. Thingiverse has been around a while but I just got my first 3D printer so now I am singing its praises. Some models are easier to print than others, but the files are standard 3D format so you can easily edit, modify, or improve it any way you want. It’s like having a public library of e-things instead of e-books. Its existence is one of the reasons I got a 3D printer.”