artificial intelligence – Cyber Law Watch

Navigating the Intersection of Data Scraping and Artificial Intelligence–A Global Data Protection Authorities Take

Nov 11 2024

By: Claude-Etienne Armingaud and Anna Gaentzhirt

In alignment with the ongoing concerns from several European data protection authorities publishing guidelines on data scrapping (i.e., the Dutch DPA, the Italian DPA and the UK Information Commissioner’s Office), the Global Privacy Assembly (GPA)’s International Enforcement Cooperation Working Group (IEWG) recently published a Joint statement on data scraping and the protection of privacy (signed by the Canadian, British, Australian, Swiss, Norwegian, Moroccan, Mexican, and Jersey data protection authorities) to provide further input for businesses when considering data.

Artificial Intelligence and the Data Conundrum

Aug 01 2024

By Paul R. Haswell and Cameron Abbott

As much as artificial intelligence (AI) remains a hot topic to companies and individuals alike, there remains limited detailed regulation in place. The European Union published its Artificial Intelligence Act on 12 July 2024, but other jurisdictions have been slow or piecemeal in its regulation of AI.

AI’s Next Frontier: The New Voice of Scam Calls?

Jul 10 2024

By: Cameron Abbott, Rob Pulham, Dadar Ahmadi-Pirshahid, and Adam Asadurian

Astonishingly (…or perhaps not, for anyone who’s answered a phone call recently), “imposter calls” are the number one offender of spam calls in the United States, amounting to 33% of all phone calls according to a recent study by QR Code Generator.

Tennessee Moves First on AI Protections With ELVIS Act

Mar 22 2024

By Jason W. Callen and Christopher J. Valente

On 21 March 2024, Tennessee became the first state in the United States to prohibit unauthorized use of artificial intelligence (AI) to replicate an individual’s likeness, image, and voice when its governor signed the Ensuring Likeness, Voice and Image Security Act of 2024 (ELVIS Act). The protections in the ELVIS Act for a person’s voice from AI misuse is particularly notable. Tennessee, like other states, already had prohibitions on unauthorized use of an individual’s likeness and image. And while some other states, such as California, have also protected a person’s voice, none had expressly linked all three—likeness, image, and voice—to AI.

“Grandma, I have [not] been kidnapped”: The FCC Bans AI-Generated Robocalls

Feb 12 2024

By Andrew Glass, Gregory Blase, and Joshua Durham

Effective immediately, the Federal Communications Commission (FCC) banned AI-generated phone calls with its recent Declaratory Ruling (the Ruling). Known as audio or voice “deepfakes,” AI can be trained to mimic any person’s voice, resulting in novel scams such as grandparents receiving a call from their “grandchild” and believing they have been kidnapped or need money for bail. FCC Commissioner Starks deemed such deepfakes a threat to election integrity, recalling that just recently, “potential primary voters in New Hampshire received a call, purportedly from President Biden, telling them to stay home and ‘save your vote’ by skipping the state’s primary.”

FTC Bans Rite Aid from Using AI Facial Recognition Without Reasonable Safeguards

Jan 02 2024

By Whitney E. McCollum and Eric F. Vicente Flores

The Federal Trade Commission (FTC) issued a first-of-its-kind proposed order prohibiting Rite Aid Corporation from using facial recognition technology for surveillance purposes for five years.

The FTC alleged that Rite Aid’s facial recognition technology generated thousands of false-positive matches that incorrectly indicated a consumer matched the identity of an individual who was suspected or accused of wrongdoing. The FTC alleged that false-positive matches were more likely to occur in Rite Aid stores located in “plurality-Black” “plurality-Asian” and “plurality-Latino” areas. Additionally, Rite Aid allegedly failed to take reasonable measures to prevent harm to consumers when deploying its facial recognition technology. Reasonable measures include: inquiring about the accuracy of its technology before using it; preventing the use of low-quality images; training or overseeing employees tasked with operating the facial recognition technology; and implementing procedures for tracking the rate of false positive matches.

Provisional Political Agreement on Landmark AI Regulation in Europe

Dec 14 2023

By Giovanni Campi, Petr Bartoš, and Kathleen Keating

In a landmark development, EU lawmakers reached on 8 December 2023 a provisional political agreement on the Artificial Intelligence Act (AI Act). Once adopted, this regulation will be the first of its kind, and could set a global standard for AI laws around the world.

California Privacy Protection Agency Proposes Draft Rules for Automated Decision Making, Including Artificial Intelligence

Dec 07 2023

By Eric Vicente Flores and Michael Stortz

Executive Summary: The California Privacy Protection Agency has proposed a new set of draft regulations that aim to regulate the use of artificial intelligence and automated decision making technology. These regulations will be discussed alongside other draft regulations the agency has previously proposed regarding risk assessments and cybersecurity assessments. The three sets of draft regulations will be discussed at the agency’s meeting on 8 December.

AI (Adverse Inferences): AI Lending Models may show unconscious bias, according to Report.

Aug 30 2019

By Cameron Abbott and Max Evans

We live in an era where the adoption and use of Artificial Intelligence (AI) is at the forefront of business advancement and social progression. Facial recognition technology software is used or is being piloted to be used across a variety of government sectors, whilst voice recognition assistants are becoming the norm both in personal and business contexts. However, as we have blogged previously on, the AI ‘bandwagon’ inherently comes with legitimate concerns.

This is no different in the banking world. The use of AI-based phishing detection applications has strengthened cybersecurity safeguards for financial institutions, whilst the use of “Robo-Advisers” and voice and language processors has facilitated efficiency by increasing the pace of transactions and reducing service times. However, this appears to sound too good to be true, as according to a Report by CIO Drive, algorithmic lending models may show an unconscious bias.

Facial Recognition Technology – Good or Bad?

Jul 15 2019

By Cameron Abbott, Michelle Aggromito and Jacqueline Patishman

As of June 2019, law enforcement agencies are working with the city of Perth in running a 12-month trial in the use of facial recognition software. The trial involves the installation of the software in 30 CCTV cameras and is part of the Federal Government’s Smart Cities plan, which was created with the aim of increasing interconnectivity and building intelligent, technology-enabled infrastructure throughout Australia.

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