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September 12, 2024

Active Listening

A little newsletter about legaltech

AI

  • The DOJ has arrested and charged a musician with conducting fraud via music streaming platforms, using AI-created songs and bots to “stream billions of times … to steal royalties”

  • The Council of Europe has negotiated and settled the first international legally binding treaty on AI, with signatories including the EU, Israel, the US and some non-EU European nations.

  • From Gizmodo: “Within the next several months, Nevada plans to launch a generative AI system powered by Google that will analyze transcripts of unemployment appeals hearings and issue recommendations to human referees about whether or not claimants should receive benefits”

  • The Australian version of the SEC conducted a test of Meta’s open source GenAI model, LLAMA, on the strength and accuracy of its summarization of documents: reviewers found human summarizers did better, and AI summarization could create more work by the need to fact-check the output

A medical debate:

  • Can Artificial Intelligence Speak for Incapacitated Patients at the End of Life? - Teva D. Brender, MD; Alexander K. Smith, MD; Brian L. Block, MD

  • Medical Science Shouldn't Platform Automating End-of-Life Care - Emily Bender

  • A survey of legal professionals involved in eDiscovery found that the adoption of GenAI is moving faster than those of previous technology, such as the cloud [Law360 ($) article | Report summary page from Everlaw

  • South Korea is dealing with an explosion of deepfake pornography, most of it targeting young women and teenaged girls

Blockchain/Digital Currency

  • From The Wall Street Journal ($): “Known as a stablecoin for its 1:1 peg to the dollar, tether gained early use among crypto aficionados. But it has spread deep into the financial underworld, enabling a parallel economy that operates beyond the reach of U.S. law enforcement”

  • The FBI announced earlier this week that Americans lost $5.6 billion last year from cryptocurrency fraud and scams [AP News | FBI report]

  • A left/right schism is forming in the cryptocurrency community over political lobbying around the 2024 elections (Presidential and Congressional)

Data Privacy

A screenshot from a Cox Media blog asking if active listening mode on phones and devices is legal
Capture of deleted blog post by Cox Marketing Group on Active Listening technology marketing
  • “In Leak, Facebook Partner Brags About Listening to Your Phone’s Microphone to Serve Ads for Stuff You Mention”

  • “New evidence claims Google, Microsoft, Meta, and Amazon could be listening to you on your devices”

  • A security researcher has found terabytes of health information for patients of Confidant Health were exposed in an unsecured database, including videos of therapy sessions [Wired ($) | SC Media]

  • From the airport to the grocery store, the growth of biometric systems

Miscellaneous

  • Following the Google anti-trust trial? A coalition of groups has put together a website to track trial updates: The United States v Google (Thanks, Natalie!)

  • The Washington State Bar Association has proposed a pilot program for ‘entity regulation’ that would allow businesses not run by lawyers to provide legal services in the state [WSBA pilot webpage | Draft order | ABA ($) | Law360 ($]

Long Reads

  • Swisher, Keith, Algorithmic Judicial Ethics (April 23, 2024). Wisconsin Law Review, Forthcoming 2024, Arizona Legal Studies Discussion Paper 24-19, Available at SSRN: https://ssrn.com/abstract=4803796 or http://dx.doi.org/10.2139/ssrn.4803796

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