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." 

New Windows AI feature records everything you’ve done on your PC; Ars Technica, May 20, 2024

BENJ EDWARDS, Ars Technica ; New Windows AI feature records everything you’ve done on your PC

"At a Build conference event on Monday, Microsoft revealed a new AI-powered feature called "Recall" for Copilot+ PCs that will allow Windows 11 users to search and retrieve their past activities on their PC. To make it work, Recall records everything users do on their PC, including activities in apps, communications in live meetings, and websites visited for research. Despite encryption and local storage, the new feature raises privacy concerns for certain Windows users."

How do virtual hearings affect people on the wrong side of the digital divide?; ABA Journal, December 14, 2023

 MATT REYNOLDS, ABA Journal; How do virtual hearings affect people on the wrong side of the digital divide?

"States including Alaska, Arizona, Florida, Illinois, Minnesota, Maryland, Michigan, North Carolina and Texas have adopted standards for virtual hearings...

Proponents of virtual hearings say they can make people’s lives easier. Working parents can attend hearings from the comfort of their homes rather than drive miles to the courthouse and don’t have to take valuable time away from work or their kids.

Nevertheless, while that flexibility may look good on paper, some access-to-justice advocates believe an over-reliance on remote hearings could hurt the technological have-nots, particularly in communities lacking high-speed internet or those without broadband infrastructure.

In 2021, the Federal Communications Commission found that about 14.5 million Americans lacked broadband internet, which it defines as having download speeds of 25 megabits per second, or Mbps, and upload speeds of 3 Mbps. A 2021 Microsoft study put the number closer to 120.4 million people, or one-third of the U.S. population."

This App Is a Dangerous Invasion of Your Privacy—and the FBI Uses It; Popular Mechanics, January 22, 2020

Courtney Linder, Popular Mechanics; This App Is a Dangerous Invasion of Your Privacy—and the FBI Uses It

"Even Google Wouldn't Build This

When companies like Google—which has received a ton of flack for taking government contracts to work on artificial intelligence solutions—won't even build an app, you know it's going to cause a stir. Back in 2011, former Google Chairman Eric Schmidt said a tool like Clearview AI's app was one of the few pieces of tech that the company wouldn't develop because it could be used "in a very bad way."

Facebook, for its part, developed something pretty similar to what Clearview AI offers, but at least had the foresight not to publicly release it. That application, developed between 2015 and 2016, allowed employees to identify colleagues and friends who had enabled facial recognition by pointing their phone cameras at their faces. Since then, the app has been discontinued.

Meanwhile, Clearview AI is nowhere near finished. Hidden in the app's code, which the New York Times evaluated, is programming language that could pair the app to augmented reality glasses, meaning that in the future, it's possible we could identify every person we see in real time.

Early Pushback

Perhaps the silver lining is that we found out about Clearview AI at all. Its public discovery—and accompanying criticism—have led to well-known organizations coming out as staunchly opposed to this kind of tech.

Fight for the Future tweeted that "an outright ban" on these AI tools is the only way to fix this privacy issue—not quirky jewelry or sunglasses that can help to protect your identity by confusing surveillance systems."

The Secretive Company That Might End Privacy as We Know It; The New York Times, January 18, 2020

Kashmir Hill, The New York Times; The Secretive Company That Might End Privacy as We Know It

"Even if Clearview doesn’t make its app publicly available, a copycat company might, now that the taboo is broken. Searching someone by face could become as easy as Googling a name. Strangers would be able to listen in on sensitive conversations, take photos of the participants and know personal secrets. Someone walking down the street would be immediately identifiable — and his or her home address would be only a few clicks away. It would herald the end of public anonymity.

Asked about the implications of bringing such a power into the world, Mr. Ton-That seemed taken aback.

“I have to think about that,” he said. “Our belief is that this is the best use of the technology.”"

Made in China, Exported to the World: The Surveillance State; The New York Times, April 24, 2019

Paul Mozur, Jonah M. Kessel and Melissa Chan, The New York Times; Made in China, Exported to the World: The Surveillance State

"Under President Xi Jinping, the Chinese government has vastly expanded domestic surveillance, fueling a new generation of companies that make sophisticated technology at ever lower prices. A global infrastructure initiative is spreading that technology even further.

Ecuador shows how technology built for China’s political system is now being applied — and sometimes abused — by other governments. Today, 18 countries — including Zimbabwe, Uzbekistan, Pakistan, Kenya, the United Arab Emirates and Germany — are using Chinese-made intelligent monitoring systems, and 36 have received training in topics like “public opinion guidance,” which is typically a euphemism for censorship, according to an October report from Freedom House, a pro-democracy research group.

With China’s surveillance know-how and equipment now flowing to the world, critics warn that it could help underpin a future of tech-driven authoritarianism, potentially leading to a loss of privacy on an industrial scale. Often described as public security systems, the technologies have darker potential uses as tools of political repression."

Once upon a time in Silicon Valley: How Facebook's open-data nirvana fell apart; NBC News, April 19, 2019

David Ingram and Jason Abbruzzese, NBC News; Once upon a time in Silicon Valley: How Facebook's open-data nirvana fell apart

"Facebook’s missteps have raised awareness about the possible abuse of technology, and created momentum for digital privacy laws in Congress and in state legislatures.

“The surreptitious sharing with third parties because of some ‘gotcha’ in the terms of service is always going to upset people because it seems unfair,” said Michelle Richardson, director of the data and privacy project at the Center for Democracy & Technology.

After the past two years, she said, “you can just see the lightbulb going off over the public’s head.”"

NATO Group Catfished Soldiers to Prove a Point About Privacy; Wired, February 18, 2019

Issie Lapowsky, Wired; NATO Group Catfished Soldiers to Prove a Point About Privacy

"For the military group that OK'd the research, the experiment effectively acted as a drill. But for the rest of us—and certainly for the social media platforms implicated in the report—the researchers hope it will serve as concrete evidence of why a fuzzy concept like privacy matters and what steps can be taken to protect it."

Big tech firms still don’t care about your privacy; The Washington Post, January 28, 2019

Rob Pegoraro, The Washington Post; Big tech firms still don’t care about your privacy

"Today is Data Privacy Day. Please clap.

This is an actual holiday of sorts, recognized as such in 2007 by the Council of Europe to mark the anniversary of the 1981 opening of Europe’s Convention for the Protection of Individuals With Regard to Automatic Processing of Personal Data — the grandfather of such strict European privacy rules as the General Data Protection Regulation.

In the United States, Data Privacy Day has yet to win more official acknowledgment than a few congressional resolutions. It mainly serves as an opportunity for tech companies to publish blog posts about their commitment to helping customers understand their privacy choices.

But in a parallel universe, today might feature different headlines. Consider the following possibilities."

You Discovered Your Genetic History. Is It Worth the Privacy Risk?; Fortune, September 10, 2018

Monica Rodriguez, Fortune; You Discovered Your Genetic History. Is It Worth the Privacy Risk?

"Direct-to-consumer genetic testing companies like 23andMe must win FDA approval to send individuals medical risk findings, while companies that involve physicians in the process do not. But unlike healthcare providers, direct-to-consumer genetic testing companies are not bound by HIPPA, the law that protects the privacy of personal medical information, and there are few laws in place to regulate the privacy of genetic information obtained by these companies.

“One of the big distinctions between medical research and data in Silicon Valley is the ethical framework that requires informed consent,” said Charles Seife, a professor of journalism at New York University who writes extensively on the genetic testing industry. “It is a difference of making sure that [privacy] rights are being preserved.”"

New privacy rules could spell the end of legalese — or create a lot more fine print; The Washington Post, May 24, 2018

Elizabeth Dwoskin, The Washington Post; New privacy rules could spell the end of legalese — or create a lot more fine print

"“The companies are realizing that it is not enough to get people to just click through,” said Lorrie Cranor, director of the CyLab Usable Privacy and Security Laboratory at Carnegie Mellon University and the U.S. Federal Trade Commission’s former chief technologist. “That they need to communicate so that people are not surprised when they find out what they consented to.”

That has become more apparent in the past two months since revelations that a Trump-connected consultancy, Cambridge Analytica, made off with the Facebook profiles of up to 87 million Americans. Cranor said that consumer outrage over Cambridge was directly related to concerns that companies were engaging in opaque practices behind the scenes, and that consumers had unknowingly allowed it to happen by signing away their rights.

Irrespective of simpler explanations, the impact and success of the GDPR will hinge upon whether companies will try to force users to consent to their tracking or targeting as condition for access to their services, said Alessandro Acquisti, a Carnegie Mellon computer science professor and privacy researcher. "This will tell us a lot regarding whether the recent flurry of privacy policy modifications demonstrates a sincere change in the privacy stance of those companies or is more about paying lip service to the new regulation. The early signs are not auspicious.""

Congress wants to 'inflict pain’ on Mark Zuckerberg. Is he ready for it?; Guardian, April 10, 2018

Olivia Solon, Guardian; Congress wants to 'inflict pain’ on Mark Zuckerberg. Is he ready for it?

"Taking the stand will be a major test for Zuckerberg’s communication skills. Unlike when he deals with the media, his public relations team won’t be there to cherry-pick questions from friendly parties. And Congress wants its pound of flesh.

“Congress is theatre. More than what they are going to want to learn [about the data lapses], they are going to want to inflict pain. They are going to want to be seen as being responsive to public disgruntlement with how Facebook handled the issue,” said Ari Ratner, founder of communications consultancy Inside Revolution and former Obama administration official...

Zuckerberg will want to come across as authentic and apologetic, and will, according to his testimony published on Monday, highlight the sweeping changes that the company has announced already to its privacy tools and to the way third parties can access data on the platform as well as a verification process for political advertisers and page administrators. He will probably also want to talk about Facebook’s global compliance with General Data Protection Regulation (GDPR), a broad set of privacy protections being introduced in the European Union in May."

Hey, Alexa, What Can You Hear? And What Will You Do With It?; The New York Times, March 31, 2018

Sapna Maheshwari, The New York Times; Hey, Alexa, What Can You Hear? And What Will You Do With It?

"The Electronic Privacy Information Center has recommended more robust disclosure rules for internet-connected devices, including an “algorithmic transparency requirement” that would help people understand how their data was being used and what automated decisions were then being made about them.\

Sam Lester, the center’s consumer privacy fellow, said he believed that the abilities of new smart home devices highlighted the need for United States regulators to get more involved with how consumer data was collected and used.

“A lot of these technological innovations can be very good for consumers,” he said. “But it’s not the responsibility of consumers to protect themselves from these products any more than it’s their responsibility to protect themselves from the safety risks in food and drugs. It’s why we established a Food and Drug Administration years ago.”"

They Are Watching You—and Everything Else on the Planet; National Geographic, February 2018

Robert Draper, National Geographic; They Are Watching You—and Everything Else on the Planet

"University of Texas American studies professor Randolph Lewis writes in his new book, Under Surveillance: Being Watched in Modern America, “Surveillance is often exhausting to those who really feel its undertow: it overwhelms with its constant badgering, its omnipresent mysteries, its endless tabulations of movements, purchases, potentialities.”

The desire for privacy, Acquisti says, “is a universal trait among humans, across cultures and across time. You find evidence of it in ancient Rome, ancient Greece, in the Bible, in the Quran. What’s worrisome is that if all of us at an individual level suffer from the loss of privacy, society as a whole may realize its value only after we’ve lost it for good.”

Is a looming state of Orwellian bleakness already a fait accompli? Or is there a more hopeful outlook, one in which a world under watch in many ways might be better off? Consider the 463 infrared camera traps the World Wildlife Fund uses in China to monitor the movements of the threatened giant panda. Or the thermal imaging devices that rangers deploy at night to detect poachers in Kenya’s Masai Mara National Reserve. Or the sound-activated underwater camera system developed by UC San Diego researchers that tracks the nearly extinct vaquita porpoise in the Sea of Cortez. Or the “forest watcher” cameras installed to help protect the shrinking timberlands of Sri Lanka."

With Closed-Circuit TV, Satellites And Phones, Millions Of Cameras Are Watching; Fresh Air, NPR, February 8, 2018

Terry Gross, Fresh Air, NPR; With Closed-Circuit TV, Satellites And Phones, Millions Of Cameras Are Watching

""Journalist Robert Draper writes in National Geographic that the proliferation of cameras focused on the public has led "to the point where we're expecting to be voyeur and exhibitionist 24/7."

"TERRY GROSS, HOST:

This is FRESH AIR. I'm Terry Gross. My guest Robert Draper says one of the greatest threats to our democracy is gerrymandering, in which the party in power in a state redraws the map of election districts to give the advantage to that party's candidates. Since districts are redrawn only every 10 years following the census, gerrymandering can almost guarantee that the majority party will stay in power. There are a couple of gerrymandering cases currently before the Supreme Court. Draper has reported on gerrymandering, and we'll talk about that a little later.

First, we're going to talk about his new article "They Are Watching You - And Everything Else On The Planet" published in this month's National Geographic. It's about state-of-the-art surveillance from closed-circuit TV to drones and satellites and the questions these surveillance technologies raise about privacy. As part of his research, he spent time in surveillance control rooms in London. And he went to a tech company in San Francisco whose mission is to image the entire Earth every day. Draper is a contributing writer for National Geographic and a writer at large for The New York Times Magazine.

Robert Draper, welcome back to FRESH AIR. So let's start with surveillance. Why did you choose England as the place to report on surveillance?"

Facebook patent tries to guess users' socioeconomic status; Axios, February 2, 2018

Kim Hart, Axios; Facebook patent tries to guess users' socioeconomic status

"A new patent from Facebook describes a system that would use data points it collects on the user — like education, travel history, the number of devices owned, and homeownership — to predict their socioeconomic status. The patent was spotted by CBInsights.

Why it matters: The social network, which is already coming under fire for knowing too much about its users, could use such a system to better target ads and content to specific audiences."

Tech Giants Brace for Europe’s New Data Privacy Rules; New York Times, January 28, 2018

Sheera Frenkel, New York Times; Tech Giants Brace for Europe’s New Data Privacy Rules

"Ms. Jourová said as the new rules take effect, countries outside Europe could begin demanding similar data protection measures for their citizens.

“There will be a moment, especially as more and more people in the U.S. find themselves uncomfortable with the channels monitoring their private lives,” she said."

WTF is GDPR?; TechCrunch, January 20, 2018

Natasha Lomas, TechCrunch; WTF is GDPR?

"The EC’s theory is that consumer trust is essential to fostering growth in the digital economy. And it thinks trust can be won by giving users of digital services more information and greater control over how their data is used. Which is — frankly speaking — a pretty refreshing idea when you consider the clandestine data brokering that pervades the tech industry. Mass surveillance isn’t just something governments do.

The General Data Protection Regulation (aka GDPR) was agreed after more than three years of negotiations between the EU’s various institutions.

It’s set to apply across the 28-Member State bloc as of May 25, 2018. That means EU countries are busy transposing it into national law via their own legislative updates (such as the UK’s new Data Protection Bill — yes, despite the fact the country is currently in the process of (br)exiting the EU, the government has nonetheless committed to implementing the regulation because it needs to keep EU-UK data flowing freely in the post-brexit future. Which gives an early indication of the pulling power of GDPR.

Meanwhile businesses operating in the EU are being bombarded with ads from a freshly energized cottage industry of ‘privacy consultants’ offering to help them get ready for the new regs — in exchange for a service fee. It’s definitely a good time to be a law firm specializing in data protection."

Strava suggests military users 'opt out' of heatmap as row deepens; Guardian, January 29, 2018

Alex Hern, Guardian; Strava suggests military users 'opt out' of heatmap as row deepens

"Fitness-tracking company Strava has defended its publication of heatmaps that accidentally reveal sensitive military positions, arguing that the information was already made public by the users who uploaded it.

Following the revelations, militaries around the world are contemplating bans on fitness trackers to prevent future breaches. As well as the location of military bases, the identities of individual service members can also be uncovered, if they are using the service with the default privacy settings.

The “global heatmap” shows, in aggregate form, every public activity uploaded to the app over its history. In major cities, it lights up popular running routes, but in less trafficked locales it can highlight areas with an unusually high concentration of connected, exercise-focused individuals – such as active military personnel serving overseas."

Report: Roomba Could Sell Maps of Your Home to Tech Giants; Daily Beast, July 24, 2017

Daily Beast; Report: Roomba Could Sell Maps of Your Home to Tech Giants

"Roomba, a popular brand of robotic vacuum, can make maps of homes it cleans, Reuters reports. And Roomba’s parent company, iRobot, is reportedly considering a sale to tech giants like Amazon, Apple, or Alphabet, which could buy maps of Roomba-owning homes. The data would be used in smart home technology but could also raise privacy concerns for Roomba owners who do not want their data sold. iRobot’s CEO told Reuters that it would not sell customers’ data without their consent."