Unforgivable. The first thing hackers look for is stupidity.

https://www.databreaches.net/u-s-water-utilities-were-hacked-after-leaving-their-default-passwords-set-to-1111-cybersecurity-officials-say/

U.S. water utilities were hacked after leaving their default passwords set to ‘1111,’ cybersecurity officials say

Wilfred Chan reports:

Providers of critical infrastructure in the United States are doing a sloppy job of defending against cyber intrusions, the National Security Council tells Fast Company, pointing to recent Iran-linked attacks on U.S. water utilities that exploited basic security lapses.

The security council tells Fast Company it’s also aware of recent intrusions by hackers linked to China’s military at American infrastructure entities that include water and energy utilities in multiple states. Neither the Iran-linked or China-linked attacks affected critical systems or caused disruptions, according to reports.

Read more at FastCompany.

As go law firms so goes the country? Or are law firms lagging? I think these tips are valuable anywhere.

https://www.jdsupra.com/legalnews/seo-for-law-firms-8-critical-seo-trends-4372130/

SEO for Law Firms: 8 Critical SEO Trends to Know About for 2024

As we prepare to move into a new year, it’s important to take stock of the trends shaping future SEO activity. With the rise of AI, it’s becoming even more crucial for search engines to understand user intent, prioritize user experience, and gauge trust and credibility. This means you may need to tweak your current SEO tactics. Here are some SEO trends to look out for in the next year and beyond.

Imagine doing this without permissions. If I could make 10% (even 1%) for a weekend’s prompting of ChatGPT I’d be content. (Do you suppose that’s why IP owners are concerned?)

https://www.reuters.com/lifestyle/abbas-virtual-show-boosts-londons-economy-tune-225-million-2023-12-21/

ABBA's virtual show boosts London's economy to the tune of $225 million

… ABBA Voyage recreates Bjorn Ulvaeus, Benny Andersson, Agnetha Faltskog and Anni-Frid Lyngstad as high-tech, digital versions of themselves from their 1970s heyday, thanks to motion-capture technology.

The show, which has been seen by more than 1 million people, generated a total turnover of 322.6 million pounds in the 12 months since it opened in May 2022, according to an analysis by Sound Diplomacy and RealWorth published on Thursday.

Tools & Techniques. Forensics?

https://www.bespacific.com/how-to-check-if-something-online-was-written-by-ai/

How to Check If Something Online Was Written by AI

Gizmodo: “Generative artificial intelligence is everywhere you look these days, including on the web: advanced predictive text bots such as ChatGPT can now spew out endless reams of text on every topic imaginable and make all this written content natural enough that it could plausibly have been written by a human being. So, how can you make sure the articles and features you’re reading online have been thought up and typed out by an actual human being? While there isn’t any foolproof, 100 percent guaranteed way of doing this, there are a variety of clues you can look out for to spot what’s AI-generated and what isn’t…”

Tools & Techniques.

https://www.bespacific.com/how-to-set-up-legacy-contacts-for-your-online-accounts/

How to set up legacy contacts for your online accounts

Washington Post [read free ]: “If you’ve got a few days this holiday season to help your family with tech chores, embrace an awkward but necessary task: Assign someone to take over a loved one’s online accounts after they die. “Legacy contacts” are trusted individuals who can manage an online account after the owner dies. Maybe you want to download your mom’s Facebook photos when she’s gone, or you need to access her Gmail account to find a bill. In either scenario, legacy contacts make things easier during a difficult time. The average internet user is estimated to have anywhere from dozens to hundreds of online accounts. Not all of them are important for estate planning, so focus on the big ones: finance, health, cloud storage and social media.”

Interesting. It should be very easy to find victims who are genuinely afraid. How much is fear worth?

https://www.databreaches.net/court-of-justice-of-the-european-union-rules-that-fear-may-constitute-damage-under-the-gdpr/

Court of Justice of the European Union Rules That Fear May Constitute Damage Under the GDPR

Hunton Andrews Kurth writes:

On December 14, 2023, the Court of Justice of the European Union (“CJEU”) issued its judgment in the case of VB v. Natsionalna agentsia za prihodite (C-340/21), in which it clarified, among other things, the concept of non-material damage under Article 82 of the EU General Data Protection Regulation (“GDPR”) and the rules governing burden of proof under the GDPR.

Background

Following a cyber attack against the Bulgarian National Revenue Agency (the “Agency”), one of the more than six million affected individuals brought an action before the Administrative Court of Sofia claiming compensation. In support of that claim, the affected individual argued that they had suffered non-material damage as a result of a personal data breach caused by the Agency’s failure to fulfill its obligations under, inter alia, Articles 5(1)(f), 24 and 32 of the GDPR. The non-material damage claimed consisted of the fear that their personal data, having been published without their consent, might be misused in the future, or that they might be blackmailed, assaulted or even kidnapped.

Read more at Privacy & Information Security Law Blog.

A slippery slope. Who gets to define ‘concerning behavior’ and who will they mention that definition to? (I can think of several ways to ‘game’ this system for my own amusement.)

https://www.bespacific.com/lawrence-school-district-using-ai-to-look-for-concerning-behavior-in-students-activity/

Lawrence school district using AI to look for ‘concerning behavior’ in students’ activity

LJworld.com (read free ): “The Lawrence [Kansas] school district has purchased a new system that uses artificial intelligence to look for warning signs of “concerning behavior” in the things students type, send and search for on their district-issued computers and other such devices. The purchase of the software system, called Gaggle, comes at a time when questions are growing about how artificial intelligence will affect people’s privacy. But school district leaders are emphasizing that the software’s main purpose [but not sole purpose? Bob] will be to help protect K-12 students against self-harm, bullying, and threats of violence. “First and foremost, we have an obligation to protect the safety of our students,” Lawrence school board member Ronald “G.R.” Gordon-Ross told the Journal-World. “It’s another layer of security in our quest to stay ahead of some of these issues.” Gordon-Ross, who is a longtime software developer, said that he respects the “privacy piece” of the question surrounding the use of monitoring systems. But he also said it’s important to keep in mind that the iPads and other devices that the software will monitor are the district’s property, even though they’re issued to students — “we’re still talking about the fact that they’re using devices and resources that don’t belong to them.”

See also from LJ World [read free] – New security system that monitors students’ computer use has ‘inundated’ district with alerts; leader apologizes to staff… “According to information obtained from the district on Friday, there have been 408 “detections” of concerning behavior since Gaggle’s districtwide launch on Nov. 20. Of those, 188 have resulted in actual “alerts.” District spokesperson Julie Boyle said that there are three different priority levels that Gaggle uses to classify the concerning information it detects. The lowest level, “violations,” includes minor offenses like the use of profanity. Those do not trigger alerts, but the system collects data on them “in case future review is necessary.” Next is a level called “Questionable Content,” which triggers a “non-urgent alert to the building administrators for review and follow-up as necessary.” Finally, Boyle said, there is the most urgent level: “Potential Student Situations.” This level includes warning signs of suicide, violence, drug abuse, harassment and other serious behavioral or safety problems, and it triggers “urgent alerts involving an immediate phone call, text, and email to the building administrators.” An alert of this kind is assigned to a staff member for investigation and follow-up.”

Seriously? 90%? How could they claim this tool is an improvement?

https://www.pogowasright.org/humana-also-using-ai-tool-with-90-error-rate-to-deny-care-lawsuit-claims/

Humana also using AI tool with 90% error rate to deny care, lawsuit claims

Beth Mole reports:

Humana, one the nation’s largest health insurance providers, is allegedly using an artificial intelligence model with a 90 percent error rate to override doctors’ medical judgment and wrongfully deny care to elderly people on the company’s Medicare Advantage plans.

According to a lawsuit filed Tuesday, Humana’s use of the AI model constitutes a “fraudulent scheme” that leaves elderly beneficiaries with either overwhelming medical debt or without needed care that is covered by their plans. Meanwhile, the insurance behemoth reaps a “financial windfall.”

Read more at Ars Technica.

Not (yet) a full replacement for lawyers, but clearly heading in that direction. I hope lawyers verify the results rather than accept bogus citations.

https://www.lawnext.com/2023/12/lexisnexis-expands-access-to-its-lexis-ai-to-law-school-students.html

LexisNexis Expands Access to its Lexis+ AI to Law School Students

In October, LexisNexis released its generative AI research tool, Lexis+ AI, for general availability for U.S. customers, along with limited release in law schools to select faculty, librarians and students. Now, the company is further expanding access to the tool, making it available to 100,000 second- and third-year law students starting in the spring semester, with some getting access as soon as this week.

Lexis+ AI uses large language models (LLMs) to answer legal research questions, summarize legal issues, and generate legal document drafts. LexisNexis says the product delivers trusted results with “hallucination-free” linked legal citations, combining the power of generative AI with proprietary LexisNexis search technology, Shepard’s Citations functionality, and authoritative content.

There is some danger in being the first to use AI. Is there more danger in being second?

https://www.ft.com/content/f1aff4d0-b2c5-4266-aa0a-604ef14894bb

Allen & Overy rolls out AI contract negotiation tool in challenge to legal industry

Allen & Overy has created an artificial intelligence contract negotiation tool, as the magic circle law firm pushes forward with technology that threatens to disrupt the traditional practices of the legal profession.

The UK-headquartered group, in partnership with Microsoft and legal AI start-up Harvey, has developed the service which draws on existing templates for contracts, such as non-disclosure agreements and merger and acquisition terms, to draft new agreements that lawyers can then amend or accept.

The tool, known as ContractMatrix, is being rolled out to clients in an attempt to drive new revenues, attract more business and save time for in-house lawyers. A&O estimated it would save up to seven hours in contract negotiations.

… But David Wakeling, A&O partner and head of the firm’s markets innovation group, which developed ContractMatrix, said the firm’s goal was to “disrupt the legal market before someone disrupts us”.

Perspective.

https://www.thecollector.com/philosophy-of-artificial-intelligence-descartes-turing/

What Is the Philosophy of Artificial Intelligence? From Descartes to Turing

Tools & Techniques.

https://www.bespacific.com/is-your-search-experience-leaving-you-a-little-unsatisfied/

Is your search experience leaving you a little unsatisfied?

“Give these Search Tweaks a try. This site has sixteen tools for enhancing Google search in four categories — Query Builders, News-Related Search, Time-Related Search, and Search Utilities. Some tools, like Back that Ask Up, make existing Google features easier to use. Others, like Marion’s Monocle, add search functionality. Hold your mouse over each menu button to see a popup explainer of what a tool does. If you like what you see, give the button a click. Using this site requires JavaScript. It’s designed to work on desktop. It should work on your phone but the design does not anticipate that. This site uses Simple Analytics because privacy, it’s a great idea. None of these tools use the Google API. Nor do they use scraping. Where’s the fun in that?”

Imagine that. Taylor Swift gets her own slice of the pie chart!

https://www.bespacific.com/what-happens-in-60-seconds-on-the-internet/

What Happens in 60 Seconds on the Internet?

PC Mag: “The 11th Edition of Data Never Sleeps, the annual infographic depicting what happens every minute online, is here. Compiled yearly since 2013 by the data experts at Domo, the latest iteration continues to add new bits of data, while others fall off the list. PCMag spoke to Domo’s SVP of Product, Ben Schein and he says every year they make a judgment call about what data is available, but also “what’s popular, what’s going on in the culture.” All while keeping the self-control to limit things to one pie chart. As an example, he notes that this year, time spent on Zoom-based meetings is not on the graphic, like it was throughout the pandemic… For more—including stats on DDOS attacks, Doordash orders, and Twitch watchers—read Domo’s easily digestible full report (including a PDF) and check out the full graphic below.”

https://web-assets.domo.com/blog/wp-content/uploads/2023/12/23-dns11-FINAL-1.png

In today’s environment, what would be the advantage of allowing AIs to own patents? Is this the only way to force a recognition of AI as a person? (Could we recognize AI as a corporation?)

https://www.reuters.com/technology/ai-cannot-be-patent-inventor-uk-supreme-court-rules-landmark-case-2023-12-20/

AI cannot be patent 'inventor', UK Supreme Court rules in landmark case

… Stephen Thaler wanted to be granted two patents in the UK for inventions he says were devised by his "creativity machine" called DABUS.

His attempt to register the patents was refused by Britain's Intellectual Property Office on the grounds that the inventor must be a human or a company, rather than a machine.

Another view…

https://www.ictworks.org/national-artificial-intelligence-policy-rwanda/

Introducing the National Artificial Intelligence Policy for Rwanda

The National Artificial Intelligence Policy for the Republic of Rwanda serves as a roadmap to enable Rwanda to harness the benefits of AI and mitigate its risks. Building on the mission of the Vision 2050, Smart Rwanda Master Plan and other key national plans and policies, it equips Rwanda to harness AI for sustainable and inclusive growth.

Tools & Techniques.

https://www.bespacific.com/openai-prompt-engineering-guide/

OpenAI Prompt Engineering Guide

OpenAI: “This guide shares strategies and tactics for getting better results from large language model s (sometimes referred to as GPT models) like GPT-4. The methods described here can sometimes be deployed in combination for greater effect. We encourage experimentation to find the methods that work best for you. of the examples demonstrated here currently work only with our most capable model, gpt-4. In general, if you find that a model fails at a task and a more capable model is available, it’s often worth trying again with the more capable model. You can also explore example prompts which showcase what our models are capable of…”

Is there an age limit on speaking freely? Should there be any limit on freely listening?

https://apnews.com/article/utah-social-media-teens-tiktok-meta-d11e981a04f38e7c2a96bf44226f991f

A group representing TikTok, Meta and X sues Utah over strict new limits on app use for minors

… The NetChoice trade group argues in its federal lawsuit that although Utah’s regulations are well-intentioned, they are unconstitutional because they restrict access to public content, compromise data security and undermine parental rights.

Sounds like ‘real life’ to me. What’s the big deal?

https://www.bespacific.com/nobody-knows-whats-happening-online-anymore/

Nobody Knows What’s Happening Online Anymore

The Atlantic [read free ]: “You are currently logged on to the largest version of the internet that has ever existed. By clicking and scrolling, you’re one of the 5 billion–plus people contributing to an unfathomable array of networked information—quintillions of bytes produced each day. The sprawl has become disorienting. Some of my peers in the media have written about how the internet has started to feel “placeless” and more ephemeral, even like it is “evaporating.” Perhaps this is because, as my colleague Ian Bogost has argued, “the age of social media is ending,” and there is no clear replacement. Or maybe artificial intelligence is flooding the internet with synthetic information and killing the old web. Behind these theories is the same general perception: Understanding what is actually happening online has become harder than ever. The internet destroyed any idea of a monoculture long ago, but new complications cloud the online ecosystem today: TikTok’s opaque “For You” recommendation system, the ascension of paywalls that limit access to websites such as this one, the collapse of Twitter—now X—under Elon Musk, the waning relevance of news across most social-media sites. The broad effect is an online experience that feels unique to every individual, depending on their ideologies and browsing habits. The very idea of popularity is up for debate: Is that trend really viral? Did everyone see that post, or is it just my little corner of the internet? More than before, it feels like we’re holding a fun-house mirror up to the internet and struggling to make sense of the distorted picture…”

Probably makes things simpler. Probably too simple. Interesting that they all do the same thing.

https://www.schneier.com/blog/archives/2023/12/police-get-medical-records-without-a-warrant.html

Police Get Medical Records without a Warrant

More unconstrained surveillance:

Lawmakers noted the pharmacies’ policies for releasing medical records in a letter dated Tuesday to the Department of Health and Human Services (HHS) Secretary Xavier Becerra. The letter—signed by Sen. Ron Wyden (D-Ore.), Rep. Pramila Jayapal (D-Wash.), and Rep. Sara Jacobs (D-Calif.)—said their investigation pulled information from briefings with eight big prescription drug suppliers.

They include the seven largest pharmacy chains in the country: CVS Health, Walgreens Boots Alliance, Cigna, Optum Rx, Walmart Stores, Inc., The Kroger Company, and Rite Aid Corporation. The lawmakers also spoke with Amazon Pharmacy.

All eight of the pharmacies said they do not require law enforcement to have a warrant prior to sharing private and sensitive medical records, which can include the prescription drugs a person used or uses and their medical conditions. Instead, all the pharmacies hand over such information with nothing more than a subpoena, which can be issued by government agencies and does not require review or approval by a judge.

Forensic tool?

https://www.npr.org/2023/12/19/1219984002/artificial-intelligence-can-find-your-location-in-photos-worrying-privacy-expert

Artificial intelligence can find your location in photos, worrying privacy experts

A student project has revealed yet another power of artificial intelligence — it can be extremely good at geolocating where photos are taken.

The project, known as Predicting Image Geolocations (or PIGEON, for short) was designed by three Stanford graduate students in order to identify locations on Google Street View.

But when presented with a few personal photos it had never seen before, the program was, in the majority of cases, able to make accurate guesses about where the photos were taken.

No doubt President Trump will find this interesting.

https://www.theguardian.com/world/2023/dec/18/imran-khan-deploys-ai-clone-to-campaign-from-behind-bars-in-pakistan

Imran Khan deploys AI clone to campaign from behind bars in Pakistan

Too much centralization? Could hackers take down more than one US brand at a time?

https://www.timesofisrael.com/israel-linked-group-claims-cyberattack-that-shuts-down-70-of-irans-gas-stations/

Israel-linked group claims cyberattack that shuts down 70% of Iran’s gas stations

… The group claimed to have gained access to the payment systems of the impacted gas stations, as well as each station’s central server and management system.

Perspective.

https://www.bespacific.com/ai-in-banking-and-finance-december-16-2023/

AI in Banking and Finance, December 16, 2023

AI in Banking and Finance, December 16, 2023 – This semi-monthly column by Sabrina I. Pacifici highlights news, government reports, industry, NGO/IGO white papers, academic papers and speeches on the subject of AI’s fast paced impact on the banking and finance sectors. The chronological links provided are to the primary sources, and as available, indicate links to alternate free versions. Each entry includes the publication name, date published, article title and abstract. Four highlights from this post: Predicting the Law: Artificial Intelligence Findings from the IMF’s Central Bank Legislation Database; The Financial Stability Oversight Council (FSOC) Annual Report 2023; The Macroeconomics of Artificial Intelligence; and A lot of people aren’t happy with Europe’s new AI Act.

Tools & Techniques.

https://www.makeuseof.com/how-to-use-tiktok-without-app-account/

How to Use TikTok Without the App or an Account

There is so much content to see on TikTok that you'll likely find videos that appeal to your unique interests. But if you would rather not create an account on another social media platform, here's a look at how to use TikTok without the app or an account.

Clever?

http://dissertations.mak.ac.ug/handle/20.500.12281/17786

Assessing the liability for artificial intelligence systems under the modern tort regime in Uganda: the case of negligence and defamation

The law of tort aims to provide redress through civil proceedings to persons who have been wronged. This redress is either through an award of compensation in the form of damages or through other means such as an injunction. However, the current tort regime—adopted from British Common Law—did not envisage the advent of Artificial Intelligence (AI). Hence, there is a gap in the legal regime when wrongful acts are not committed by human persons but rather by AI systems. Given such a lacuna, this dissertation explores Artificial Intelligence and Deepfake technology and establishes a link between the two and the law of Negligence and Defamation. It interrogates the question of liability for wrongs committed by AI systems and examines to whom liability will accrue in such circumstances. It then makes recommendations to key stakeholders such as the Parliament and the Cabinet of Uganda to address the gaps in Ugandan law such that it can better accommodate the possibility of wrongs committed by AI systems.

Interesting.

https://www.elgaronline.com/edcollchap/book/9781800889026/book-part-9781800889026-18.xml

Chapter 12: Data as a tax base

If we are in the dawn of a ‘fourth industrial revolution’, the significance of data and information will increase in its importance in our day-to-day lives. The fourth industrial revolution is predicted to absorb technology into ‘things’ and bodies, integrating technology into machines such as motor vehicles and home appliances so they communicate with each other and also with people. In light of both the current age of information technology and these potential future developments, this chapter considers the use of data and its ability to generate wealth for those with access to large databases. In a time when excessive inequality of wealth is becoming a significant global concern, [??? Bob] the shifts in wealth toward ‘big tech’ companies is under the spotlight. These shifts in wealth are, in large part, facilitated by the access these organisations have to large-scale databases, enabling the commercial exploitation of this data using algorithms. This chapter puts forward the case that the volume of data collected by these organisations from their users could be used as a tax base. That is, a tax could apply to the bits or bytes transferring from the user to the data recipient. Taxing the collection of data would go some way toward redistributing wealth back to the user’s jurisdiction.

How does one avoid the sin of undue reliance?

https://library.iated.org/view/GOSAI2023FRO

FROM “MEMENNIALS” TO LEGAL MAVERICKS: FOSTERING AI-RESILIENT LAW GRADUATES

As the rise of artificial intelligence (AI) technologies revolutionises legal practice, there is a growing concern that law graduates, from the "memennial" generation (Generation Z aka Gen Z), may become overly reliant on AI, compromising their ability to develop critical thinking and the nuanced skills required to navigate complex legal challenges. Gen Z students were born into an internet connected environment and are constantly on various internet applications, consuming information instantaneously but losing interest just as quickly. There must be a conscious shift away from causing ‘narration sickness’ within the lecture room to a teaching method that equips law students with a comprehensive understanding of AI's capabilities, limitations, and ethical implications. There is a need for the development of core skills such as legal analysis, problem-solving, effective communication, and ethical decision-making. Drawing on current research and best practices, this paper proposes strategies to cultivate AI-resilient law graduates. It suggests adapting teaching and learning strategies to encourage creativity, critical thinking, and adaptability, as well as integrating experiential learning opportunities that simulate real-world legal challenges. A qualitative approach will ensure that we have regard to global trends across international law faculties. This can be done through analysing curriculum design, teaching methods and experiential learning opportunities aimed at cultivating a balanced skill set in law students. Analysing documents, such as syllabi, course materials, and legal guidelines, can provide insights into how AI-related topics and skills are incorporated into legal education. There is a concern that law graduates, especially from the “memennial” generation, may become too reliant on AI in their legal work. This excessive dependence could hinder their growth in necessary skills and qualities for a successful career in law. Law students should gain an extensive understanding of what AI can do, its limitations, and ethical considerations so they can effectively utilize and navigate tools powered by this technology when practicing law. The study's results propose the integration of interdisciplinary coursework that nurtures creativity and adaptability. The significance of experiential learning opportunities, including simulations and real-life legal challenges, is underscored by the findings. The research emphasizes how crucial it is to have a holistic view towards educating future lawyers beyond just technical expertise. As AI technologies advance, it becomes vital for future lawyers to prioritise ethics and make conscientious decisions that uphold professional standards and societal values. Encouraging law students to actively participate in legal discourse is of utmost importance, as revealed by the findings. This entails engaging in discussions concerning AI's implications on the field of law, participating in ethical debates, and playing a role in formulating policies and regulations related to AI usage within the legal profession. Although AI technologies offer efficiency and automation, they cannot replace the distinctively human qualities necessary in legal practice, such as empathy, intuition, and contextual understanding. Law graduates who are resilient to AI acknowledge the importance of maintaining human-centric values within their profession.