Saturday, October 28, 2023

Is anyone shocked?

https://www.pogowasright.org/what-can-we-learn-from-recent-wiretapping-lawsuits/

What Can We Learn From Recent Wiretapping Lawsuits?

Fox Rothschild LLP & Odia Kagan write:

Here is what we can learn from class action lawsuits filed in the last few days under the California Invasion of Privacy Act (CIPA), the Pennsylvania Wiretapping and Electronic Surveillance Control Act, and other wiretapping-like causes of action.
  • If you are going to record calls or chats, you need consent. Period. This means just in time, and just disclosing it in your privacy notice, is not enough.

  • If you are using a third party to do your chat recordings and that third party is allowed to use the information for its own purposes (like to develop new products or improve current offerings), you need to tell people about it and get consent.

  • If you are using artificial intelligence on your customer service calls in order to improve and train your AI and machine learning models, you need to tell people about it and get consent.





Potentially another GDPR?

https://www.theguardian.com/technology/2023/oct/24/eu-touching-distance-world-first-law-regulating-artificial-intelligence-dragos-tudorache

EU ‘in touching distance’ of world’s first laws regulating artificial intelligence

The EU is within “touching distance” of passing the world’s first laws on artificial intelligence, giving Brussels the power to shut down services that cause harm to society, says the AI tsar who has spent the last four years developing the legislation.

A forthcoming EU AI Act could introduce rules for everything from homemade chemical weapons made through AI to copyright theft of music, art and literature, with negotiations between MEPs, EU member states and the European Commission over final text coming to a head on Wednesday.

One of the remaining areas of contention is the use of AI-powered live facial recognition. Member states want to retain this right, arguing it is vital for security on borders but also to avert public disorder. But MEPs felt real-time facial recognition cameras on streets and public spaces was an invasion of privacy, and voted to remove those clauses.

They also voted to remove the right of authorities or employers to use AI-powered emotional recognition technology already used in China, whereby facial expressions of anger, sadness, happiness and boredom as well as other biometric data is monitored to spot tired drivers or workers.



(Related)

https://www.politico.com/news/2023/10/27/white-house-ai-executive-order-00124067

Sweeping new Biden order aims to alter the AI landscape

President Joe Biden will deploy numerous federal agencies to monitor the risks of artificial intelligence and develop new uses for the technology while attempting to protect workers, according to a draft executive order obtained by POLITICO.

The order, expected to be issued as soon as Monday, would streamline high-skilled immigration, create a raft of new government offices and task forces and pave the way for the use of more AI in nearly every facet of life touched by the federal government, from health care to education, trade to housing, and more.

At the same time, the Oct. 23 draft order calls for extensive new checks on the technology, directing agencies to set standards to ensure data privacy and cybersecurity, prevent discrimination, enforce fairness and also closely monitor the competitive landscape of a fast-growing industry. The draft order was verified by multiple people who have seen or been consulted on draft copies of the document.



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