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Reading about the law and information technology these days, you come across a remarkable number of stories describing and discussing IT and privacy. What is fascinating about many of the articles is what information or actions are considered to be “private.” Many judicial opinions, for example, concern law enforcement obtaining cell site location information (CSLI) from cell providers and other sources in order to track the movements of a subject of investigation (CSLI is discussed in greater detail and these opinions infra) and the privacy interests that prevent law enforcement from simply getting the data from providers or creating the data through its own tracking or interception of cell tower information. Other opinions and legal discussions concern what privacy interest a creator or recipient of a digital file (e.g., an email, a Word document) has in that file if it is stored by a third party, as is increasingly the case with cloud storage, particularly as it has come to be relied upon in the age of the pandemic. Still other legal discussions concern the privacy rights of persons whose movements (not spoken words) are captured by surveillance cameras: the single camera outside a building and controlled by the building’s resident or director; cameras in many, or every, room in the building; cameras installed and controlled by law enforcement that survey public streets and other public areas. There are many other contexts in which privacy interests in information accessed by, transmitted by or stored in IT are discussed.
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By Jonathan Moskin and Rachel Pauley
The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology.
By Stéphanie Faber and Charles Helleputte
Since April 2023, French regulation makes the payment of insurance compensation in case of cyberattacks conditional on the filing of a complaint within a reduced time frame. This regulation has been enacted in the context of the French government decision to fight against the resurgence of cyberattacks, together with ransom demands, which have a significant impact on the economy.
By Ed Lanquist, Jr. and Dominic Rota
At what point does a “smart” computing system, or advanced software program, qualify as AI in the eyes of pertinent regulatory or judicial authorities? When is an individual considered to have merely deployed an AI-based computing tool to assist with creating a work of art or conceiving of a technological innovation? Each of these questions is explored in this article, giving consideration to currently prevailing guidelines from administrative bodies and the courts.
By Peter Collins
In the hands of a motivated insider with only average technical proficiency, AI becomes a uniquely effective tool with which to penetrate an organization’s complete security infrastructure for any number of malicious purposes.