Adobe Responds to AI Fears With Plans for Updated Legal Terms; Bloomberg Law, June 12, 2024

Cassandre Coyer and Aruni Soni, Bloomberg Law; Adobe Responds to AI Fears With Plans for Updated Legal Terms

"“As technology evolves, we have to evolve,” Dana Rao, Adobe’s general counsel, said in an interview with Bloomberg Law. “The legal terms have to evolve, too. And that’s really the lesson that we’re sort of internalizing here.”

Over the weekend, some Adobe customers revolted on social media, crying foul at updated terms of use they claimed allowed Adobe to seize their intellectual property and use their data to feed AI models. 

The Photoshop and Illustrator maker responded with multiple blog posts over several days seeking to reassure users it wasn’t stealing their content, including a pledge to quickly rewrite its user agreement in clearer language. Rao said Tuesday that Adobe will be issuing updated terms of use on June 18 in which it will specifically state the company doesn’t train its Firefly AI models on its cloud content.

The unexpected online storm around the updates is the latest example of how sweeping technological changes—such as the rise of generative AI—have bolstered users’ fears of copyright violations and privacy invasions. That sentiment is part of the landscape the tech industry must navigate to serve a creator community increasingly on edge.

What happened is “more of a lesson in terms of how to present terms of use and roll out updates in a way that can address or alleviate customer concerns, especially in the era of AI and increased concern over privacy,” said Los Angeles-based advertising attorney Robert Freund." 

Responsible AI Transparency Report; Microsoft, May 2024

 Microsoft; Responsible AI Transparency Report

Here Comes the Full Amazonification of Whole Foods; The New York Times, February 28, 2022

 Cecilia Kang, The New York Times; Here Comes the Full Amazonification of Whole Foods

"The technology, known as Just Walk Out, consists of hundreds of cameras with a god’s-eye view of customers. Sensors are placed under each apple, carton of oatmeal and boule of multigrain bread. Behind the scenes, deep-learning software analyzes the shopping activity to detect patterns and increase the accuracy of its charges.

The technology is comparable to what’s in driverless cars. It identifies when we lift a product from a shelf, freezer or produce bin; automatically itemizes the goods; and charges us when we leave the store. Anyone with an Amazon account, not just Prime members, can shop this way and skip a cash register since the bill shows up in our Amazon account...

Alex Levin, 55, an 18-year resident of Glover Park, said people should not reject the store’s changes.

“We need to understand the benefits and downsides of the technology and use it to our advantage,” he said...

Many were suspicious of the tracking tech.

“It’s like George Orwell’s ‘1984,’” said Allen Hengst, 72, a retired librarian."

Why Business Leaders Need to Understand Their Algorithms; Harvard Business Review, November 19, 2019

Mike Walsh, Harvard Business Review; Why Business Leaders Need to Understand Their Algorithms

"Leaders will be challenged by shareholders, customers, and regulators on what they optimize for. There will be lawsuits that require you to reveal the human decisions behind the design of your AI systems, what ethical and social concerns you took into account, the origins and methods by which you procured your training data, and how well you monitored the results of those systems for traces of bias or discrimination. Document your decisions carefully and make sure you understand, or at the very least trust, the algorithmic processes at the heart of your business.

Simply arguing that your AI platform was a black box that no one understood is unlikely to be a successful legal defense in the 21st century. It will be about as convincing as “the algorithm made me do it.”"

Kona Stories Book Store to Celebrate Banned Book Week; Big Island Now, September 21, 2019

Big Island Now; Kona Stories Book Store to Celebrate Banned Book Week

"At its heart, Banned Books Week is a celebration of the freedom to access ideas, a fundamental right that belongs to everyone and over which no one person or small group of people should hold sway.

Banned Books Week is a celebration of books, comics, plays, art, journalism and much more. 

At Kona Stories Book Store, books have been wrapped in paper bags to disguise the title. Books are decorated with red “I read banned books” stickers and a brief description of why they are on the list.

Customers are encouraged to buy the books without knowing the titles."

Verizon under fire for 'throttling' firefighters' data in California blaze; The Guardian, August 22, 2018

Olivia Solon, The Guardian; Verizon under fire for 'throttling' firefighters' data in California blaze

"Internet service providers (ISPs) are entitled to throttle people who use excessive amounts of data, depending on the terms of the individual plan. However, Verizon has a policy to remove restrictions if contacted in an emergency situations.

“We have done that many times, including for emergency personnel responding to these tragic fires. In this situation, we should have lifted the speed restriction when our customer reached out to us. This was a customer support mistake,” said the company in a statement published on Tuesday.

Harold Feld, from Public Knowledge, one of the organisations bringing the suit, said: “Companies need to be liable for their actions,” adding: “Verizon’s response of ‘I’m terribly sorry your state is burning down, let me sell you this new package’ is not good enough. We need rules to prevent it from happening in the first place.”"

iPhone update adds privacy 'transparency'; BBC News, March 29, 2018

BBC News; iPhone update adds privacy 'transparency'

"Apple has updated its iOS, MacOS and tvOS operating systems to give people more information about how their personal data is collected and used.

After updating, customers will see new information screens when they use Apple-made apps that collect personal data, such as App Store.

The change comes ahead of new EU data protection rules, which take effect on 25 May."

The Six Data Privacy Principles of the GDPR; Corporate Counsel, March 26, 2018

Amy Lewis, Corporate Counsel; The Six Data Privacy Principles of the GDPR

"Data privacy and personal data breaches have been in the news a lot recently. Over the past few years, companies have been collecting and processing ever-increasing amounts of data about their customers, employees, and users. As personal data becomes more valuable, governments around the world have begun the debate surrounding whether this data collection should be limited in favor of individuals’ fundamental right to privacy.

The Global Data Protection Regulation (GDPR) is the European Union’s answer to these debates. This new regulation strives to take the decisions regarding some uses of personal data out of the hands of companies and return control to the individuals that the data refer to—the data subjects. Any company that has a European presence or handles European residents’ personal data is subject to the GDPR. These companies will likely need to upgrade their data security and privacy procedures to meet the personal data handling requirements of the GDPR.

The GDPR’s data privacy goals can be summarized in six personal data processing principles: Lawfulness, Fairness and Transparency; Purpose Limitation; Data Minimization; Accuracy; Integrity and Confidentiality; and Storage Limitation."

Oscar Munoz's tough ride as United CEO; CNN, March 19, 2018

Julia Horowitz, CNN; Oscar Munoz's tough ride as United CEO

""There's something about the United culture that has employees making decisions that are not the right things to do," [John Strong, a professor of business administration at the College of William and Mary and an airline industry expert] said.

Another high-profile event could be the final straw, according to Reber. Even if Munoz isn't directly implicated, he could wind up taking the fall.

"History is littered with CEOs who have had to take a hit for a crisis that happened and was caused someplace else in the organization," Reber said."

Should Data Scientists Adhere to a Hippocratic Oath?; Wired, February 8, 2018

Tom Simonite, Wired; Should Data Scientists Adhere to a Hippocratic Oath?

"The tech industry is having a moment of reflection. Even Mark Zuckerberg and Tim Cook are talking openly about the downsides of software and algorithms mediating our lives. And while calls for regulation have been met with increased lobbying to block or shape any rules, some people around the industry are entertaining forms of self regulation. One idea swirling around: Should the programmers and data scientists massaging our data sign a kind of digital Hippocratic oath?

Microsoft released a 151-page book last month on the effects of artificial intelligence on society that argued “it could make sense” to bind coders to a pledge like that taken by physicians to “first do no harm.” In San Francisco Tuesday, dozens of data scientists from tech companies, governments, and nonprofits gathered to start drafting an ethics code for their profession."

Amazon has a patent to keep you from comparison shopping while you’re in its stores; Washington Post, June 16, 2017

rian Fung, Washington Post; Amazon has a patent to keep you from comparison shopping while you’re in its stores

"Amazon was awarded a patent May 30 that could help it choke off a common issue faced by many physical stores: Customers’ use of smartphones to compare prices even as they walk around a shop. The phenomenon, often known as mobile “window shopping,” has contributed to a worrisome decline for traditional retailers.

But Amazon now has the technology to prevent that type of behavior when customers enter any of its physical stores and log onto the WiFi networks there. Titled “Physical Store Online Shopping Control,” Amazon’s patent describes a system that can identify a customer’s Internet traffic and sense when the smartphone user is trying to access a competitor’s website. (Amazon chief executive Jeffrey P. Bezos is also the owner of The Washington Post.)...

As Amazon increasingly bridges the online-physical divide, regulators should be on the lookout for potentially anti-competitive behavior, said Jeffrey Chester, executive director of the Center for Digital Democracy.

“Amazon knows younger consumers increasingly want home delivery of grocery products and online ordering. But there are huge privacy issues,” he said. “Amazon has created a largely stealth Big Data digital apparatus that has not gotten the scrutiny it requires.”

Privacy Concerns Over DNA Tests That Help Discover Your Roots; NBC5.com, June 16, 2017

Wayne Carter, NBC5.com; Privacy Concerns Over DNA Tests That Help Discover Your Roots

"For [Larry] Guernsey his curiosity twisted to suspicion once he read the fine print. To proceed, he'd have to give ancestry a "perpetual, royalty-free worldwide transferable license" to use his DNA.

"That entire phrase: 'perpetual royalty-free worldwide transferable,' it sounds like they have left it open to do anything they want with it," Guernsey said.

He was concerned the "transferable license" could put his family's DNA in the hands of an insurance company that could later deny coverage.

"That's not a crazy worry," said Stanford University law professor Hank Greely.

Greely teaches and writes books about the intersection of bio-tech and the law."

Ethics And Artificial Intelligence With IBM Watson's Rob High; Forbes, June 13, 2017

Blake Morgan, Forbes; Ethics And Artificial Intelligence With IBM Watson's Rob High

"Artificial intelligence seems to be popping up everywhere, and it has the potential to change nearly everything we know about data and the customer experience. However, it also brings up new issues regarding ethics and privacy.

One of the keys to keeping AI ethical is for it to be transparent, says Rob High, vice president and chief technology officer of IBM Watson...

The future of technology is rooted in artificial intelligence. In order to stay ethical, transparency, proof, and trustworthiness need to be at the root of everything AI does for companies and customers. By staying honest and remembering the goals of AI, the technology can play a huge role in how we live and work."

F.C.C. Invokes Internet Freedom While Trying to Kill It; New York Times, April 29, 2017

Editorial Board, New York Times; 

F.C.C. Invokes Internet Freedom While Trying to Kill It

"Under Mr. Pai’s proposal, broadband companies would probably use their gatekeeping position to give themselves a leg up. AT&T, for example, already encourages people to buy the streaming video service of its DirecTV subsidiary by allowing customers to watch it on AT&T’s wireless network without incurring data charges. Verizon and Comcast have similar practices. Over time, such corporate policies will make it harder for smaller companies to compete with the telecom giants.

Big internet businesses like Amazon, Facebook, Google and Netflix will probably be fine under Mr. Pai’s plans, because they are well established and have the money to cut special deals with broadband companies.

Smaller firms and start-ups — some of which may never get started — will not be as lucky.

Ultimately, though, the real losers will be all Americans, because there will be fewer choices and less innovation."

Wells Fargo Case Prompts Questions Of Corporate Ethics Reform; NPR, 9/24/16

[Podcast] NPR; Wells Fargo Case Prompts Questions Of Corporate Ethics Reform:

"The bank's CEO appeared before a Senate banking committee this week to answer questions about fake accounts created by more than 5,000 of his employees. Scott Simon talks with consultant Dov Seidman."

Corporate Ethics In The Era Of Millennials; NPR, 8/24/16

Paul A. Argenti, NPR; Corporate Ethics In The Era Of Millennials:

"Corporate social responsibility has been added to the growing list of demands that investors, customers and employees present to companies.

In 2015, 81 percent of Fortune 500 companies published sustainability reports, up from 20 percent in 2011, according to a report released by the Governance & Accountability Institute in June. Companies are publicizing their ethical standards and responsibility efforts, and consumers are punishing companies that appear to fall short. Even as headlines proclaim "greed is back," companies are investing time and resources into instituting more ethical practices."