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."

U.S. bans noncompete agreements for nearly all jobs; NPR, April 23, 2024

Andrea Hsu , NPR; U.S. bans noncompete agreements for nearly all jobs

"The Federal Trade Commission narrowly voted Tuesday to ban nearly all noncompetes, employment agreements that typically prevent workers from joining competing businesses or launching ones of their own...

"For more than a year, the group has vigorously opposed the ban, saying that noncompetes are vital to companies, by allowing them to better guard trade secrets, and employees, by giving employers greater incentive to invest in workforce training and development."

What 70% of Americans Don’t Understand About Intellectual Property; Stites & Harbison, October 26, 2023

Mandy Wilson Decker, Stites & Harbison; What 70% of Americans Don’t Understand About Intellectual Property

"The United States Intellectual Property Alliance (USIPA) recently published the results of its US Intellectual Property Awareness & Attitudes Survey. Among its findings, the survey results revealed that 70% of Americans are unable to distinguish between mechanisms – patents, trademarks, copyrights, and trade secrets – for protecting Intellectual Property (IP).

Given these results, it's worth exploring the principal mechanisms for protecting IP, which each possess some distinctive features."

US farmers win right to repair John Deere equipment; BBC News, January 9, 2022

 Monica Miller, BBC News; US farmers win right to repair John Deere equipment

"Consumer groups have for years been calling on companies to allow their customers to be able to fix everything from smartphones to tractors.

The American Farm Bureau Federation (AFBF) and Deere & Co. signed a memorandum of understanding (MOU) on Sunday.

"It addresses a long-running issue for farmers and ranchers when it comes to accessing tools, information and resources, while protecting John Deere's intellectual property rights and ensuring equipment safety," AFBF President Zippy Duvall said.

Under the agreement, equipment owners and independent technicians will not be allowed to "divulge trade secrets" or "override safety features or emissions controls or to adjust Agricultural Equipment power levels.""

Scientists With Links to China May Be Stealing Biomedical Research, U.S. Says; The New York Times, November 4, 2019

Gina Kolata, The New York Times; Scientists With Links to China May Be Stealing Biomedical Research, U.S. Says
 
"The investigations have fanned fears that China is exploiting the relative openness of the American scientific system to engage in wholesale economic espionage. At the same time, the scale of the dragnet has sent a tremor through the ranks of biomedical researchers, some of whom say ethnic Chinese scientists are being unfairly targeted for scrutiny as Washington’s geopolitical competition with Beijing intensifies...

The alleged theft involves not military secrets, but scientific ideas, designs, devices, data and methods that may lead to profitable new treatments or diagnostic tools.

Some researchers under investigation have obtained patents in China on work funded by the United States government and owned by American institutions, the N.I.H. said. Others are suspected of setting up labs in China that secretly duplicated American research, according to government officials and university administrators...

The real question, [Dr. Michael Lauer, deputy director for extramural research at the National Institutes of Health in Bethesda, Md] added, is how to preserve the open exchange of scientific ideas in the face of growing security concerns. At M.D. Anderson, administrators are tightening controls to make data less freely available."

A face-scanning algorithm increasingly decides whether you deserve the job; The Washington Post, October 22, 2019

Drew Harwell, The Washington Post; A face-scanning algorithm increasingly decides whether you deserve the job 

HireVue claims it uses artificial intelligence to decide who’s best for a job. Outside experts call it ‘profoundly disturbing.’

"“It’s a profoundly disturbing development that we have proprietary technology that claims to differentiate between a productive worker and a worker who isn’t fit, based on their facial movements, their tone of voice, their mannerisms,” said Meredith Whittaker, a co-founder of the AI Now Institute, a research center in New York...

Loren Larsen, HireVue’s chief technology officer, said that such criticism is uninformed and that “most AI researchers have a limited understanding” of the psychology behind how workers think and behave...

“People are rejected all the time based on how they look, their shoes, how they tucked in their shirts and how ‘hot’ they are,” he told The Washington Post. “Algorithms eliminate most of that in a way that hasn’t been possible before.”...

HireVue’s growth, however, is running into some regulatory snags. In August, Illinois Gov. J.B. Pritzker (D) signed a first-in-the-nation law that will force employers to tell job applicants how their AI-hiring system works and get their consent before running them through the test. The measure, which HireVue said it supports, will take effect Jan. 1."

People Are Looking At Your LinkedIn Profile. They Might Be Chinese Spies; NPR, September 19, 2019

Ryan Lucas, NPR; People Are Looking At Your LinkedIn Profile. They Might Be Chinese Spies

"Demers took over leadership of the National Security Division in February 2018 after being confirmed by the Senate. Since taking the helm, he has spent a considerable amount of time on China and what he calls its prolific espionage efforts against the United States.

They're vast in scale, he said, and they span the spectrum from traditional espionage targeting government secrets to economic espionage going after intellectual property and American trade secrets...

It's a play that has also been used to target folks in the business world and academia, where China is hungry for cutting-edge technology and trade secrets. For years, the Chinese intelligence services have hacked into U.S. companies and made off with intellectual property.

Now, U.S. officials say China's spies are increasingly turning to what is known as "nontraditional collectors" — students, researchers and business insiders — to scoop up secrets."

Navy Official: Concerns About Intellectual Property Rights Becoming More 'Acute'; National Defense, NDIA's Business & Technology Magazine, November 29, 2018

Connie Lee, National Defense, NDIA's Business & Technology Magazine;

Navy Official: Concerns About Intellectual Property Rights Becoming More 'Acute'

"Capt. Samuel Pennington, major program manager for surface training systems, said the fear of losing data rights can sometimes make companies reluctant to work with the government.
“We get feedback sometimes where they’re not willing to bid on a contract where we have full data rights,” he said. “Industry [is] not going to do that because they have their secret sauce and they don’t want to release it.”
Pennington said having IP rights would allow the Defense Department to more easily modernize and sustain equipment.
“Our initiative is to get as much data rights, or buy a new product that has open architecture to the point where [the] data rights that we do have are sufficient, where we can recompete that down the road,” he said. This would prevent the Navy from relying on the original manufacturer for future work on the system, he noted.
The issue is also being discussed on Capitol Hill, Merritt added. The fiscal year 2018 National Defense Authorization Act requires the Pentagon to develop policy on the acquisition or licensing of intellectual property. Additionally, the NDAA requires the department to negotiate a price for technical data rights of major weapon systems."

NDAs Are Out of Control. Here’s What Needs to Change; Harvard Business Review, January 30, 2018

Orly Lobel, Harvard Business Review; NDAs Are Out of Control. Here’s What Needs to Change

[Kip Currier: Came across this article about Nondisclosure Agreements (NDAs) while updating a Trade Secrets lecture for this week. The author raises a number of thought-provoking ethical and policy issues to consider. Good information for people in all sectors to think about when faced with signing an NDA and/or managing NDAs.]

"Nondisclosure agreements, or NDAs, which are increasingly common in employment contracts, suppress employee speech and chill creativity. The current revelations surfacing years of harassment in major organizations are merely the tip of the iceberg.

New data shows that over one-third of the U.S. workforce is bound by an NDA. These contracts have grown not only in number but also in breadth. They not only appear in settlements after a victim of sexual harassment has raised her voice but also are now routinely included in standard employment contracts upon hiring. At the outset, NDAs attempt to impose several obligations upon a new employee. They demand silence, often broadly worded to protect against speaking up against corporate culture or saying anything that would portray the company and its executives in a negative light. NDAs also attempt to expand the definitions of secrecy to cover more information than the traditional bounds of trade secret law, in effect preventing an employee from leaving their employer and continuing to work in the same field."

How can we stop algorithms telling lies?; Guardian, July 16, 2017

Cathy O'Neil, Guardian; 

How can we stop algorithms telling lies?

[Kip Currier: Cathy O'Neil is shining much-needed light on the little-known but influential power of algorithms on key aspects of our lives. I'm using her thought-provoking 2016 Weapons of Math Destruction: How Big Data Increases Inequality And Threatens Democracy as one of several required reading texts in my Information Ethics graduate course at the University of Pittsburgh's School of Computing and Information.]

"A proliferation of silent and undetectable car crashes is harder to investigate than when it happens in plain sight.

I’d still maintain there’s hope. One of the miracles of being a data sceptic in a land of data evangelists is that people are so impressed with their technology, even when it is unintentionally creating harm, they openly describe how amazing it is. And the fact that we’ve already come across quite a few examples of algorithmic harm means that, as secret and opaque as these algorithms are, they’re eventually going to be discovered, albeit after they’ve caused a lot of trouble.

What does this mean for the future? First and foremost, we need to start keeping track. Each criminal algorithm we discover should be seen as a test case. Do the rule-breakers get into trouble? How much? Are the rules enforced, and what is the penalty? As we learned after the 2008 financial crisis, a rule is ignored if the penalty for breaking it is less than the profit pocketed. And that goes double for a broken rule that is only discovered half the time...

It’s time to gird ourselves for a fight. It will eventually be a technological arms race, but it starts, now, as a political fight. We need to demand evidence that algorithms with the potential to harm us be shown to be acting fairly, legally, and consistently. When we find problems, we need to enforce our laws with sufficiently hefty fines that companies don’t find it profitable to cheat in the first place. This is the time to start demanding that the machines work for us, and not the other way around."

When a Computer Program Keeps You in Jail; New York Times, June 13, 2017

Rebecca Wexler, New York Times; When a Computer Program Keeps You in Jail

"The criminal justice system is becoming automated. At every stage — from policing and investigations to bail, evidence, sentencing and parole — computer systems play a role. Artificial intelligence deploys cops on the beat. Audio sensors generate gunshot alerts. Forensic analysts use probabilistic software programs to evaluate fingerprints, faces and DNA. Risk-assessment instruments help to determine who is incarcerated and for how long.

Technological advancement is, in theory, a welcome development. But in practice, aspects of automation are making the justice system less fair for criminal defendants.

The root of the problem is that automated criminal justice technologies are largely privately owned and sold for profit. The developers tend to view their technologies as trade secrets. As a result, they often refuse to disclose details about how their tools work, even to criminal defendants and their attorneys, even under a protective order, even in the controlled context of a criminal proceeding or parole hearing."

‘Fraud is not a trade secret’: How a 27-year-old blew the whistle on Theranos; MarketWatch, 11/17/16

Barbara Kollmeyer, MarketWatch; ‘Fraud is not a trade secret’: How a 27-year-old blew the whistle on Theranos’ :

[Kip Currier: Ethics instructors of all stripes were served up a whopping good case study with the story of Tyler Schultz (grandson of former Secretary of State George Schultz) exposing the dazzlingly fraudulent actions of health tech powerhouse, Theranos, Inc. and its now-disgraced CEO Elizabeth Holmes. This is one that should and will be studied in MBA programs and ethics courses for years.]

"‘Fraud is not a trade secret. I refuse to allow bullying, intimidation and threat of legal action to take away my First Amendment right to speak out against wrongdoing.’"

Trade Secret Protection Blocks Sick Samsung Workers From Data; Claims Journal, 8/12/16

Youkyung Lee, Claims Journal; Trade Secret Protection Blocks Sick Samsung Workers From Data:

"An Associated Press investigation has found South Korean authorities have, at Samsung’s request, repeatedly withheld from workers and their bereaved families crucial information about chemicals they were exposed to at its computer chip and liquid crystal display factories. Sick workers are supposed to have access to such data through the government or the courts so they can apply for workers’ compensation from the state. Without it, government officials commonly reject their cases.

The justification for withholding the information? In at least six cases involving 10 workers, it was trade secrets. Court documents and interviews with government officials, workers’ lawyers and their families show Samsung often cites the need to protect trade secrets when it asks government officials not to release such data.

“Our fight is often against trade secrets. Any contents that may not work in Samsung’s favor were deleted as trade secrets,” said Lim Ja-woon, a lawyer who has represented 15 sick Samsung workers."