I use the password “I respectfully decline.” So I can comply and refuse at the same time.
Utah high court rules suspects don’t have to provide police with phone passcodes
Suzanne Smalley reports:
The Utah Supreme Court ruled Thursday in favor of a defendant who had argued police could not force him to provide the passcode to his phone in order to aid their prosecution.
The state’s highest court concluded that cell phone passcodes are protected under the Fifth Amendment, which gives Americans the right not to self-incriminate under oath.
The defendant, Alfonso Margo Valdez, had been accused of kidnapping, assaulting and robbing his ex-girlfriend and was initially convicted for the crime.
Subsequently an appellate court ruled that “having determined that Valdez’s refusal to provide his passcode was protected by the Fifth Amendment … the State’s commentary at trial on Valdez’s refusal was a Fifth Amendment violation,” according to a characterization from the justices.
Read more at The Record.
Would you expect all the registry lists to be identical?
https://www.pogowasright.org/texas-and-oregon-adopt-new-rules-for-data-broker-laws/
Texas and Oregon Adopt New Rules for Data Broker Laws
Kirk J. Nahra, Ali A. Jessani, and Samuel Kane of WilmerHale write:
Earlier this year, Texas and Oregon each passed a data broker registration law, joining California and Vermont to double the number of states that have enacted such legislation. Texas Governor Greg Abbott signed SB 2105 into law on June 18, 2023 and the Office of the Secretary of State adopted on December 1, 2023 a set of rules to operationalize the state’s data broker registry. Oregon Governor Tina Kotek signed HB 2052 on July 27, 2023 and the Rulemaking Advisory Committee adopted the Temporary Rules for Data Brokers Registry to be effective from December 1, 2023 through May 28, 2024.
From California’s recently enacted Delete Act, which empowers consumers with stronger data deletion rights and increases penalties for noncompliance, to the Consumer Financial Protection Bureau’s March 2023 request for information about data brokers, state and federal regulators are shining a spotlight on these actors in the data marketplace. The most common way that states are regulating data brokers is through the establishment of data broker registries, like those in Vermont, California, Texas, and Oregon. Although the registries form the driving component of these laws, the laws can also include mandates on security protocols, public disclosures, and consumer rights to delete or opt out. These laws do not include a private right of action, but the enforcing entity for each of these laws (including California’s recently formed California Privacy Protection Agency) has the authority to administer fines for noncompliance. Companies that do business in these states or have consumers living in these states should keep a close eye on how these laws define “data broker” and the types of personal data covered under these laws.
Read more at WilmerHale Privacy and Cybersecurity Law Blog.
Patents are doomed?
https://www.jdsupra.com/legalnews/the-coming-shift-from-patent-to-trade-1435661/
The Coming Shift from Patent to Trade Secret Protection for Generative AI Inventions
Generative artificial intelligence (AI) has the remarkable ability to develop novel solutions to problems, and patent law has historically protected those solutions. Under current statutes and jurisprudence, however, only humans can invent new and useful devices that receive patent protection. If it continues to be true that all generative-AI-created inventions belong to the public, then we will see a strengthening of trade secret law as the stand-in for what patent law traditionally provided to innovators. Whether innovations can remain secret from other AI independently deriving them will then depend on the power of the AI who generated the invention.
Perspective. Too much doom and gloom?
https://www.cnbc.com/2023/12/12/reich-sachs-and-mazzucato-discuss-the-winners-and-losers-of-ai.html
Who will win and lose the AI revolution?: Top economists Robert Reich, Jeffrey Sachs and Mariana Mazzucato discuss
… Watch the video above to see the full interviews.
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