‘I’m going to sue the living pants off them’: AI’s big legal showdown – and what it means for Dr Strange’s hair; The Guardian, November 6, 2024

Steve Rose , The Guardian; ‘I’m going to sue the living pants off them’: AI’s big legal showdown – and what it means for Dr Strange’s hair

"“The intersection of generative AI and CGI image creation is the next wave.”

Now that wave is threatening to flood an unprepared industry, washing away jobs and certainties. How do people in the industry feel? To find out, I attended Trojan Horse Was a Unicorn (THU), a digital arts festival near Lisbon in Portugal. Now in its 10th year, THU is a place where young artists entering these industries, some 750 of them, come to meet, get inspired and learn from veterans in their fields: film-makers, animators, VFX wizards, concept artists, games designers. This year, AI is the elephant in the room. Everyone is either talking about it – or avoiding talking about it...

Andre Luis, the 43-year-old CEO and co-founder of THU, acknowledges that “the anxiety is here” at this year’s event, but rather than running away from it, he argues, artists should be embracing it. One of the problems now is that the people eagerly adopting AI are executives and managers. “They don’t understand how to use AI to accelerate creativity,” he says, “or to make things better for everyone, so it’s up to us [the artists] to teach them. You need people who actually are creative to use AI.”

Luis likens generative AI to ultra processed food: it cannot create anything new; it can only reconstitute what’s already there, turning it into an inferior product. “And a lot of companies are trying to make fast food,” he says. Many see AI as a way to churn out quick, cheap content, as opposed to higher quality fare that has been created “organically” over time, with loving human input...

The democratising potential of AI could usher in what Luis calls “a new era of indie” in films, games, TV. Just as digital technology put cameras, editing and graphics tools into the hands of many more people...

“AI is something that is here,” he tells the young creators at THU, “so you need to adapt. See the opportunities, see the problems, but understand that it can help you do things in a different way. You need to ask yourselves, ‘How can I be part of that?’"

'The Calculator Mistake': Denial, hostility won't help lawyers deal with emergence of AI; ABA Journal, October 23, 2024

TRACY HRESKO PEARL , ABA Journal; 'The Calculator Mistake': Denial, hostility won't help lawyers deal with emergence of AI

"There are two ways to deal with this kind of uncertainty. The first is denial and hostility. Legal news outlets have been filled with articles in recent months about the problems with AI-generated legal briefs. Such briefs may contain fake citations. They miss important points. They lack nuance.

The obvious solution, when the problem is framed in this way, is to point lawyers away from using AI, impose strong sanctions on attorneys who misuse it, and redouble law school exam security and anti-plagiarism measures to ensure that law students are strongly disincentivized from using these new forms of technology. “Old school” law practice and legal teaching techniques, in this view, should continue to be the gold standard of our profession.

The problem, of course, is that technology gets better and does so at an increasingly (and sometimes alarmingly) rapid rate. No lawyer worth their salt would dare turn in an AI-generated legal brief now, given the issues listed above and the potential consequences. But we are naive to think that the technology won’t eventually overtake even the most gifted of legal writers.

That point may not be tomorrow; it may not be five years from now. But that time is coming, and when it does, denial and hostility won’t get us around the fact that it may no longer be in the best interests of our clients for a lawyer to write briefs on their own. Denial and hostility won’t help us deal with what, at that point, will be a serious existential threat to our profession.

The second way to deal with the uncertainty of emerging technology is to recognize that profound change is inevitable and then do the deeper, tougher and more philosophical work of discerning how humans can still be of value in a profession that, like nearly every other, will cede a great deal of ground to AI in the not-too-distant future. What will it mean to be a lawyer, a judge or a law professor in that world? What should it mean?

I am increasingly convinced that the answers to those questions are in so-called soft skills and critical thinking."

His daughter was murdered. Then she reappeared as an AI chatbot.; The Washington Post, October 15, 2024

Daniel Wu , The Washington Post; His daughter was murdered. Then she reappeared as an AI chatbot.

"Jennifer’s name and image had been used to create a chatbot on Character.AI, a website that allows users to converse with digital personalities made using generative artificial intelligence. Several people had interacted with the digital Jennifer, which was created by a user on Character’s website, according to a screenshot of her chatbot’s now-deleted profile.

Crecente, who has spent the years since his daughter’s death running a nonprofit organization in her name to prevent teen dating violence, said he was appalled that Character had allowed a user to create a facsimile of a murdered high-schooler without her family’s permission. Experts said the incident raises concerns about the AI industry’s ability — or willingness — to shield users from the potential harms of a service that can deal in troves of sensitive personal information...

The company’s terms of service prevent users from impersonating any person or entity...

AI chatbots can engage in conversation and be programmed to adopt the personalities and biographical details of specific characters, real or imagined. They have found a growing audience online as AI companies market the digital companions as friends, mentors and romantic partners...

Rick Claypool, who researched AI chatbots for the nonprofit consumer advocacy organization Public Citizen, said while laws governing online content at large could apply to AI companies, they have largely been left to regulate themselves. Crecente isn’t the first grieving parent to have their child’s information manipulated by AI: Content creators on TikTok have used AI to imitate the voices and likenesses of missing children and produce videos of them narrating their deaths, to outrage from the children’s families, The Post reported last year.

“We desperately need for lawmakers and regulators to be paying attention to the real impacts these technologies are having on their constituents,” Claypool said. “They can’t just be listening to tech CEOs about what the policies should be … they have to pay attention to the families and individuals who have been harmed.”

‘Armed Militias’ Claims In N.C. Driven By Social Media Misinformation; Forbes, October 14, 2024

Peter Suciu, Forbes; ‘Armed Militias’ Claims In N.C. Driven By Social Media Misinformation

""The amount of misinformation and disinformation we've seen around the recent hurricanes and help efforts is a strong example of how powerful those effects have become," explained Dr. Cliff Lampe, professor of information and associate dean for academic affairs in the School of Information at the University of Michigan.

Misinformation began even before Hurricane Helene made landfall, with the dubious claims that government officials were controlling the weather and directing the storm to hit "red states." The misinformation only intensified after the storm left a path of destruction.

"Over the last weeks we've seen death threats against meteorologists and now first responders in emergency situations," said Lampe. "There are a few things that are challenging about this. One is that belief persistence, which is the effect where people tend to keep believing what they have believed, makes it so that new information often doesn't make a difference in changing people's minds. We tend to think that good information will swamp out bad information, but unfortunately, it's not that simple."

Social media can amplify such misinformation in a way that was previously impossible.

"We saw that a small group of people acting on misinformation can disrupt services of the majority of people with a need," added Lampe.

"False information, especially on social media platforms, spreads incredibly fast. It's crucial to distinguish between misinformation and disinformation," said Rob Lalka, professor at Tulane University's Freeman School of Business and author of The Venture Alchemists: How Big Tech Turned Profits Into Power.

"Misinformation refers to false, incomplete, or inaccurate information shared without harmful intent, while disinformation is deliberately false information designed to deceive," Lalka continued...

"New technologies are making it increasingly hard to tell what's real and what's fake," said Lalka. "We now live in an era where Artificial Intelligence can generate lifelike images and audio, and these powerful tools should prompt us all to pause and consider whether a source is truly trustworthy.""

Man learns he’s being dumped via “dystopian” AI summary of texts; Ars Technica, October 10, 2024

BENJ EDWARDS, Ars Technica; Man learns he’s being dumped via “dystopian” AI summary of texts

"On Wednesday, NYC-based software developer Nick Spreen received a surprising alert on his iPhone 15 Pro, delivered through an early test version of Apple's upcoming Apple Intelligence text message summary feature. "No longer in a relationship; wants belongings from the apartment," the AI-penned message reads, summing up the content of several separate breakup texts from his girlfriend.

Spreen shared a screenshot of the AI-generated message in a now-viral tweet on the X social network, writing, "for anyone who’s wondered what an apple intelligence summary of a breakup text looks like."...

Spreen's message is the first time we've seen an AI-mediated relationship breakup, but it likely won't be the last." 

The bill finally comes due for Elon Musk; Vox, October 9, 2024

 Andrew J. Hawkins, Vox; The bill finally comes due for Elon Musk

"What is an autonomous car? It sounds like a simple question, but the answer is trickier than it seems. To help clear things up, SAE International, a US organization that represents automotive engineers, created a six-step guide to automation. Intended for engineers rather than the general public, it ranged from Level 0, meaning no automation whatsoever, to Level 5, meaning the vehicle can drive itself anywhere at any time without any human intervention.

And there’s plenty of room for error and misunderstanding. A problem we’ve seen is what researcher Liza Dixon calls “autonowashing,” or any effort to overhype something as autonomous when it’s not. 

Most experts dismiss Level 5 as pure science fiction. Waymo and others operate Level 4 vehicles, but very few people really believe that Level 5 is attainable. Level 5 would require “an astronomical amount of technological development, maintenance, and testing,” Torc Robotics, a company developing self-driving trucks, says. Others call it a pipe dream. 

Except Musk. At a conference in Shanghai, Musk said with supreme confidence that the company “will have the basic functionality for Level 5 autonomy complete this year.” That was in July 2020."

AI Put on Trial in ‘Life or Death’ Police Tech Clashes; Bloomberg Law, October 4, 2024

 Alex Ebert, Bloomberg Law; AI Put on Trial in ‘Life or Death’ Police Tech Clashes

"Lawyers across the country who believe their clients have been wrongly implicated by a new technology are forced to wage individual battles against companies keen to keep their intellectual property under wraps...

Business sends “law firms into criminal courtrooms and they’re telling us, ‘My R&D to develop this for three years is more important and precious than the liberty your client is losing,’” said Cynthia Conti-Cook.

Conti-Cook, the director of research and policy at the Surveillance Resistance Lab, is part of a nationwide network of defense lawyers, academics, technologists, and policy strategists who share data, briefs, and tactics in an effort to push back against legal tech in court. Sometimes just getting access to this data can be enough of a bargaining chip for defense lawyers to get strong plea offers from prosecutors.

“When they sent their white shoe law firms into court to say ‘trade secret,’” she said, “our attorneys weren’t ready to say, ‘No, it’s not,’ and the judges weren’t ready to say, ‘No, it’s not.”

That’s starting to change."

Police seldom disclose use of facial recognition despite false arrests; The Washington Post, October 6, 2024

Douglas MacMillan

, 

David Ovalle

 and 

Aaron Schaffer

, The Washington Post; Police seldom disclose use of facial recognition despite false arrests

"Police departments in 15 states provided The Post with rarely seen records documenting their use of facial recognition in more than 1,000 criminal investigations over the past four years. According to the arrest reports in those cases and interviews with people who were arrested, authorities routinely failed to inform defendants about their use of the software — denying them the opportunity to contest the results of an emerging technology that is prone to error, especially when identifying people of color...

The Post requested records from more than 100 police departments that have publicly acknowledged using facial recognition; only 30 provided arrest records from cases in which they used the software. Most declined to answer questions about their use of the technology. A few said they use it to identify potential leads but never make an arrest based solely on a computer match, so they’re not required to disclose it to the people arrested."

Corporate directors weigh AI ethics at first-of-its-kind forum; Harvard Gazette, July 11, 2024

Harvard Gazette; Corporate directors weigh AI ethics at first-of-its-kind forum

"As artificial intelligence surges, corporate directors face a set of urgent ethical considerations. What role can they play in fostering responsible practices for using AI in the workplace? Are they already using the bias-prone technology to sort through job applications?

At the inaugural Directors’ AI Ethics Forum, leaders from the business, government, and nonprofit sectors pondered these questions and more. Convening the group on the Harvard Business School campus was the Edmond & Lily Safra Center for Ethics’ Business AI Ethics research team, an initiative that promotes thoughtful approaches to the rapidly evolving technology."

AI lab at Christian university aims to bring morality and ethics to artificial intelligence; Fox News, June 17, 2024

Christine Rousselle  , Fox News; AI lab at Christian university aims to bring morality and ethics to artificial intelligence

"A new AI Lab at a Christian university in California is grounded in theological values — something the school hopes will help to prevent Christians and others of faith from falling behind when it comes to this new technology.

"The AI Lab at Biola University is a dedicated space where students, faculty and staff converge to explore the intricacies of artificial intelligence," Dr. Michael J. Arena told Fox News Digital...

The lab is meant to "be a crucible for shaping the future of AI," Arena said via email, noting the lab aims to do this by "providing education, fostering dialogue and leading innovative AI projects rooted in Christian beliefs." 

While AI has been controversial, Arena believes that educational institutions have to "embrace AI or risk falling behind" in technology. 

"If we don't engage, we risk falling asleep at the wheel," Arena said, referring to Christian and faith-centered institutions. 

He pointed to social media as an example of how a failure to properly engage with an emerging technology with a strong approach to moral values has had disastrous results."

Using AI Responsibly; American Libraries, January 21, 2024

Diana Panuncial , American Libraries; Using AI Responsibly

"Navigating misinformation and weighing ethical and privacy issues in artificial intelligence (AI) were top of mind for the panelists at “AI and Libraries: A Discussion on the Future,” a January 21 session at the American Library Association’s 2024 LibLearnX Conference in Baltimore. Flowers was joined by Virginia Cononie, assistant librarian and coordinator of research at University of South Carolina Upstate in Spartanburg; Dray MacFarlane, cofounder of Tasio, an AI consulting company; and Juan Rubio, digital media learning program manager for Seattle Public Library (SPL). 

Rubio, who used AI to create a tool to help teens at SPL reflect on their mental health and well-being, said there is excitement behind the technology and how it can be harnessed, but there should also be efforts to educate patrons on how to use it responsibly. 

“I think ethical use of AI comes with creating ethical people,” he said, adding that SPL has been thinking about implementing guidelines for using AI. “Be very aware of your positionality [as librarians], because I think we are in a place of privilege—not necessarily of money or power, but of knowledge.”"

Florida’s New Advisory Ethics Opinion on Generative AI Hits the Mark; JDSupra, January 29, 2024

Ralph Artigliere , JDSupra; Florida’s New Advisory Ethics Opinion on Generative AI Hits the Mark

"As a former Florida trial lawyer and judge who appreciates emerging technology, I admit that I had more than a little concern when The Florida Bar announced it was working on a new ethics opinion on generative AI. Generative AI promises to provide monumental advantages to lawyers in their workflow, quality of work product, productivity, and time management and more. For clients, use of generative AI by their lawyers can mean better legal services delivered faster and with greater economy. In the area of eDiscovery, generative AI promises to surpass technology assisted review in helping manage the increasingly massive amounts of data.

Generative AI is new to the greater world, and certainly to busy lawyers who are not reading every blogpost on AI. The internet and journals are afire over concerns of hallucinations, confidentiality, bias, and the like. I felt a new ethics opinion might throw a wet blanket on generative AI and discourage Florida lawyers from investigating the new technology.

Thankfully, my concerns did not become reality. The Florida Bar took a thorough look at the technology and the existing ethical guidance and law and applied existing guidelines and rules in a thorough and balanced fashion. This article briefly summarizes Opinion 24-1 and highlights some of its important features.

The Opinion

On January 19, 2024, The Florida Bar released Ethics Opinion 24-1(“Opinion 24-1”)regarding the use of generative artificial intelligence (“AI”) in the practice of law. The Florida Bar and the State Bar of California are leaders in issuing ethical guidance on this issue. Opinion 24-1 draws from a solid background of ethics opinions and guidance in Florida and around the country and provides positive as well as cautionary statements regarding the emerging technologies. Overall, the guidance is well-placed and helpful for lawyers at a time when so many are weighing the use of generative AI technology in their law practices."

Where's the best place to find a robot cat? The library, of course; ZDNet, January 27, 2024

Chris Matyszczyk, , ZDNet; Where's the best place to find a robot cat? The library, of course

"As Oregon Public Broadcasting (OPB) reported, the library's customers are involved in a festival of adoration when it comes to these three black-and-white robot felines...

Here's Manistee County Library in Michigan with a veritable array of robotic pets. Cats, dogs and even a bird...

Let's now drift to the Hastings Public Library, also in Michigan. There, just beneath Botley the Coding Robot is: "Robotic Cat. Coming January 2024."

Now you might be wondering what the rules are for going to your local public library and taking a robot cat home with you.

Helpfully, the Reading Public Library in Massachusetts offers some guidelines...

It seems, then, that America's libraries have become homes for robot cats. They bring peace and companionship to many. And that's a good thing."

How the Federal Government Can Rein In A.I. in Law Enforcement; The New York Times, January 2, 2024

 Joy Buolamwini and Barry Friedman, The New York Times; How the Federal Government Can Rein In A.I. in Law Enforcement

"One of the most hopeful proposals involving police surveillance emerged recently from a surprising quarter — the federal Office of Management and Budget. The office, which oversees the execution of the president’s policies, has recommended sorely needed constraints on the use of artificial intelligence by federal agencies, including law enforcement.

The office’s work is commendable, but shortcomings in its proposed guidance to agencies could still leave people vulnerable to harm. Foremost among them is a provision that would allow senior officials to seek waivers by arguing that the constraints would hinder law enforcement. Those law enforcement agencies should instead be required to provide verifiable evidence that A.I. tools they or their vendors use will not cause harm, worsen discrimination or violate people’s rights."

The Internet Of Things Demystified: Connect, Collect, Analyze And Act; Forbes, October 12, 2023

 Bill Geary, Forbes; The Internet Of Things Demystified: Connect, Collect, Analyze And Act

"When you get past the acronyms and buzzwords that describe the platforms that help organizations manage their operations, it all boils down to gathering information so you can make good decisions. The tech industry establishes a lot of jargon that helps differentiate one technology from another. Those terms are helpful to IT professionals but often serve to confuse everyone else. The Internet of Things (IoT) is a term that creates confusion.

I prefer to describe this technology according to what it does. IoT is nothing more than connecting things, collecting information from them, analyzing it and acting upon it accordingly: connect, collect, analyze and act. By distilling the technology into a plain description, we demystify the term. We make it attainable and approachable—something that everyone can understand."

Armed with traffic cones, protesters are immobilizing driverless cars; NPR, August 26, 2023

 Dara Kerr, NPR; Armed with traffic cones, protesters are immobilizing driverless cars

"An anonymous activist group called Safe Street Rebel is responsible for this so-called coning incident and dozens of others over the past few months. The group's goal is to incapacitate the driverless cars roaming San Francisco's streets as a protest against the city being used as a testing ground for this emerging technology."

Your selfies are helping AI learn. You did not consent to this.; The Washington Post, December 9, 2022

 Shira Ovide, The Washington Post; Your selfies are helping AI learn. You did not consent to this.

"My colleague Tatum Hunter spent time evaluating Lensa, an app that transforms a handful of selfies you provide into artistic portraits. And people have been using the new chatbot ChatGPT to generate silly poems or professional emails that seem like they were written by a human. These AI technologies could be profoundly helpful but they also come with a bunch of thorny ethical issues.

Tatum reported that Lensa’s portrait wizardly comes from the styles of artists whose work was included in a giant database for coaching image-generating computers. The artists didn’t give their permission to do this, and they aren’t being paid. In other words, your fun portraits are built on work ripped off from artists. ChatGPT learned to mimic humans by analyzing your recipes, social media posts, product reviews and other text from everyone on the internet...

Hany Farid, a computer science professor at the University of California at Berkeley, told me that individuals, government officials, many technology executives, journalists and educators like him are far more attuned than they were a few years ago to the potential positive and negative consequences of emerging technologies like AI. The hard part, he said, is knowing what to do to effectively limit the harms and maximize the benefits."

Trademark and copyright considerations for NFTs; Reuters, May 2, 2022

 Sharon Urias, Reuters ; Trademark and copyright considerations for NFTs

"NFTs are mostly used to verify ownership of digital goods. An easy way to understand NFTs is to think of them as unalterable certificates of authenticity for digital goods. For example, if someone purchases a piece of digital art, the NFT acts to validate and verify ownership and authenticity of the artwork. In the "real world," the closest analogy is an autographed original painting that is authenticated by the artist's signature or a certificate of authenticity issued by a reputable source...

One common question asked by clients is whether, when they purchase NFTs, they also obtain the copyright associated with it. The answer is: Not necessarily. It is important to understand what is included in the smart contract that confers the purchaser's rights to the digital asset. Similar to the purchase of a physical painting in our analogy above, although the purchaser has acquired the right to display the work, and to resell it, ownership of the copyright is not automatically conveyed.

The artist owns the copyright unless the author assigns it to the purchaser...

NFTs present interesting and novel questions for trademarks as well...

One of the questions to be resolved is whether traditional trademark legal doctrines, such as the first-sale doctrine, protects a seller, such as StockX, or whether the NFTs are new, distinct products that seek to capitalize on the trademark owners' marks...

It is always challenging for the law to keep pace with the expansion and development of new technologies and innovations. It is no different with NFTs. With the increased growth of NFTs, the need for protection also grows. Although NFTs present many opportunities for businesses, it is essential that NFT sellers clearly delineate in the smart contract what is and is not permitted with respect to intellectual property rights. In that way, both NFT sellers and buyers will be able to protect themselves and best monetize these assets."

AirTags are being used to track people and cars. Here's what is being done about it; NPR, February 18, 2022

MICHAEL LEVITT, NPR; AirTags are being used to track people and cars. Here's what is being done about it

""As technology becomes more sophisticated and advanced, as wonderful as that is for society, unfortunately, it also becomes much easier to misuse and abuse," she told NPR. "I wouldn't say that we've necessarily seen an uptick with the use of AirTags any more or less than any cutting edge technology."

Williams said that what was rare was a technology company taking the issue seriously and moving to address it.

"[Apple is] not only listening to the field, but actively reaching out at times to do safety checks. That in and of itself might sound like a very small step, but it's rare," she said.

Still, Galperin thinks that Apple should have done more to protect people ahead of time. 

"The mitigations that Apple had in place at the time that the AirTag came out were woefully insufficient," Galperin said. 

"I think that Apple has been very careful and responsive after putting the product out and introducing new mitigations. But the fact that they chose to bring the product to market in the state that it was in last year, is shameful.""

Stephen G. Breyer may shape tech’s copyright battles for years to come; The Washington Post, January 27, 2022

Cristiano Lima with research by Aaron Schaffer, The Washington Post; Stephen G. Breyer may shape tech’s copyright battles for years to come

"Stephen G. Breyer may shape tech’s copyright battles for years to come

With the looming retirement of Supreme Court Justice Stephen G. Breyer, tech policy wonks say the high court is losing one of the nation’s preeminent thought leaders on intellectual property and copyright.

But while Breyer may be on his way out of federal court, his influence over those standards, and how they map onto emerging technologies, is poised to live on long after.

For decades, Breyer has carved out a unique role on the bench as a copyright specialist, said Meredith Rose, senior policy counsel at consumer group Public Knowledge. And his advocacy for a more limited view of intellectual property rights than some of his colleagues, such as the late Justice Ruth Bader Ginsburg, made him a “rarity” in the space, Rose said. 

“He’s definitely got the biggest depth of experience in copyright issues on the bench currently,” she said. “It was really him and Justice Ginsburg were the two titans of copyright.”

Corynne McSherry, legal director at the Electronic Frontier Foundation, called Breyer “a very strong voice for a balanced intellectual property system” that ensured that copyright and patents are “encouraging innovation, encouraging new creativity … as opposed to thwarting it.”

These traits, they said, were exemplified in one of Breyer’s most recent high-profile copyright cases: the contentious, decade-long Google v. Oracle bout."