I have nothing to hide, except for those texts with my lawyer. The tips from my brokers aren’t insider information, are they?
EFF to Supreme Court: Fifth Amendment Protects People from Being Forced to Enter or Hand Over Cell Phone Passcodes to the Police
WASHINGTON, D.C.—The Electronic Frontier Foundation (EFF) today asked the Supreme Court to overturn a ruling undermining Fifth Amendment protections against self-incrimination and find that constitutional safeguards prevent police from forcing people to provide or use passcodes for their cell phones so officers can access the tremendous amount of private information on phones.
At stake is the fundamental principle that the government can’t force people to testify against themselves, including by revealing or using their passcodes.
“When the government demands someone turn over or enter their passcode, it is forcing that person to disclose the contents of their mind and provide a link in a chain of possibly incriminating evidence,” said EFF Surveillance Litigation Director Andrew Crocker. “Whenever the government calls on someone to use memorized information to aid in their own prosecution—whether it be a cellphone passcode, a combination to a safe, or even their birthdate—the Fifth Amendment applies.”
The Illinois Supreme Court in the case People v. Sneed erroneously ruled that the Fifth Amendment doesn’t apply to compelled entry of passcodes because they are just a string of numbers memorized by the phone’s owner with minimal independent value—and therefore not a form of testimony. The Illinois court erred further by ruling that the passcode at issue fell under the dubious “forgone conclusion exception” to the Fifth Amendment because the government agents already knew it existed and the defendant knew the code.
Federal and state courts are split on whether the Fifth Amendment prohibits police from compelling individuals to unlock their cell phones so prosecutors can look for incriminating evidence, and when and how the “forgone conclusion exception” applies. Only the Supreme Court can resolve this split, EFF said in a brief today.
“The Supreme Court should find that Fifth Amendment protection against self-incrimination extends to the digital age and applies to turning over or entering a passcode,” said EFF Staff Attorney Lisa Femia.* “Cell phones hold an unprecedented amount of our private information and device searches have become routine in law enforcement investigations. It’s imperative that the court make clear that the Fifth Amendment doesn’t allow the government to require people to hand over their passcodes and assist in their own prosecution.”
*Admitted in New York and Washington, D.C., only; not admitted in California
For the brief: https://www.eff.org/document/sneed-v-illinois-eff-brief
Source: EFF.
It’s a tool. Someone will apply it or misapply it whenever they see an opportunity.
https://www.bespacific.com/chatgpt-has-been-turned-into-a-social-media-surveillance-assistant/
ChatGPT Has Been Turned Into A Social Media Surveillance Assistant
Forbes [free to read ]: “Social Links, a surveillance company that had thousands of accounts banned after Meta accused it of mass-scraping Facebook and Instagram, is now using ChatGPT to make sense of data its software grabs from social media. Most people use ChatGPT to answer simple queries, draft emails, or produce useful (and useless) code. But spyware companies are now exploring how to use it and other emerging AI tools to surveil people on social media. In a presentation at the Milipol homeland security conference in Paris on Tuesday, online surveillance company Social Links demonstrated ChatGPT performing “sentiment analysis,” where the AI assesses the mood of social media users or can highlight commonly-discussed topics amongst a group. That can then help predict whether online activity will spill over into physical violence and require law enforcement action. Founded by Russian entrepreneur Andrey Kulikov in 2017, Social Links now has offices in the Netherlands and New York; previously, Meta dubbed the company a spyware vendor in late 2022, banning 3,700 Facebook and Instagram accounts it allegedly used to repeatedly scrape the social sites. It denies any link to those accounts and the Meta claim hasn’t harmed its reported growth: company sales executive Rob Billington said the company had more than 500 customers, half of which were based in Europe, with just over 100 in North America. That Social Links is using ChatGPT shows how OpenAI’s breakout tool of 2023 can empower a surveillance industry keen to tout artificial intelligence as a tool for public safety. But according to the American Civil Liberties Union’s senior policy analyst Jay Stanley, using AI tools like ChatGPT to augment social media surveillance will likely “scale up individualized monitoring in a way that could never be done with human monitors,” he told Forbes…”
Was the AI that passed the Bar exam trained on the same data as the AI that passed the Ethics exam? If not, we don’t yet have an AI lawyer, we have separate tools.
Generative AI, Having Already Passed the Bar Exam, Now Passes the Legal Ethics Exam
Well, it’s happened again: Generative AI has passed a critical test used to measure candidate’s fitness to be licensed as a lawyer.
Back in March, OpenAI’s GPT-4 took the bar exam and passed with flying colors, scoring around the top 10% of test takers.
Now, two of the leading large language models (LLMs) have passed a simulation of the Multistate Professional Responsibility Examination (MPRE), a test required in all but two U.S. jurisdictions to measure prospective lawyers’ knowledge of professional conduct rules.
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