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2020 Ballot Initiatives Affect Tech Industry

Privacy, the gig economy, and access to digital information in our cars were all issues on ballots Tuesday for direct response of the voters. U.S. technology companies will be affected by the results of these...more

The Sandbox Dilemma: Massachusetts Votes

Who owns the stuff you buy? This used to seem so easy. Of course, you own the house, car, refrigerator, books, watch, shoes, pants, and everything else you bought – we always thought so. But not anymore. The companies that...more

Easy Hacking Tools Facilitate Bad Behavior

A few years ago, if you wanted to wreak havoc online, you needed some skill. You needed to understand coding and how to break into other computers.  You needed to develop attack bots and probe for vulnerabilities....more

To Encourage Autonomous Vehicles in Your State Create a No-Fault Insurance Pool

Legislators can become heroes. With one act of non-partisan legislation, your representatives could save thousands of lives, could boost the U.S. manufacturing economy, and could make all of our lives easier, safer, and...more

How Risky Is Tossing Your Old Servers? Maybe $60,000,000 Fine

We all have them. Old computers sitting around in storage, never to be used again. Broken servers that have passed their prime. Laptops abandoned for their newer, shinier versions. And what do you do with them? If these...more

GDPR and CCPA Uncertainty: What Should a Company Do?

Some companies don’t seem to care about privacy compliance. They may not have the money to build a compliance regime. They may not believe in the laws or believe that the laws would ever be applied to them. They may just not...more

Will the IoT Revolution Be Secured?

Historians believe we have started a fourth industrial revolution where physical, digital, and biological worlds will merge to form the basis of a new economy. One of the key elements of this transformation is the emergence...more

Home A-Drone: Surveillance Invited into Our Houses

In ancient European lore, vampires cannot enter a home without being invited in. Once invited, they are free to pass at will, feasting on the inhabitants. Of course, this legend had a practical purpose – to teach the young...more

Finding a Test for Reasonable Security Practices: Embrace Complexity and Specifics

Most people have a warped and deeply unrealistic understanding of data security. There is no such thing as absolute security. For a thing to have value, you must be able to access the value – in effect, to use it. In order...more

When to Give Legal Rights to AIs? When They Can Dream

When will artificial intelligence develop aspirations? When will a robot yearn to have its own apartment? When will an AI that invented technology want to re-invest its earnings into better marketing for its product? When...more

Privacy Risks Of Recreational DNA Testing: States Take Action

Last week the California legislature passed an important first step in protecting the American public from itself. The Genetic Information Privacy Act (GIPA) helps fill a gap in U.S. healthcare privacy that most people don’t...more

Contactless Layaway Payment Options Thrive in Coronavirus Economy

With consumers reluctant to use cash in the COVID-19 pandemic, a newer form of purchase financing has gained traction with retailers and payment providers. Purchasers are finding alternatives to building significant credit...more

U.S. Customs Opens Mass Searches of Data on Confiscated Traveler Smartphones, Computers

I am an advocate of providing law enforcement officers the newest technology to do their jobs well. If there is a recording of an event, the police should be able to use it. If a stingray can capture cell phone...more

Epic Battles Apple: I Missed a Spot

On Tuesday I wrote about how Epic Games’ CEO Tim Sweeney was engaging Apple on at least three battlefronts. I missed a battlefront and I’m here today to rectify that mistake. I mentioned Epic’s groundbreaking and lucrative...more

Tech Anti-Trust Fight is More Than a Game

Tim Sweeney, the Colossus of Cary, is fighting even bigger foes – Apple and Google. The multibillionaire chief executive of Epic Games has opened a multi-front war on the tribute that app developers are forced to pay to reach...more

The Logical Conclusion to an Illogical Conclusion: Schrems May Forbid Data Commerce from the EU to the US

The world just received the newest pronouncement from the EU Court of Justice, in a decision known as Schrems II, and the legal opinion extends the data war declared on the United States in the first Schrems decision....more

Dystopic Population Control System Supported by China’s AI Development Program

Since its conception, people have worried that an artificial intelligence would turn against humanity and threaten our lives. While this may be a result to be feared several years in the future, right now the more pressing...more

New AI Tool GPT-3 Ascends to New Peaks, But Proves How Far We Still Need to Travel

If you want a glimpse of the future, check out how developers are using gpt-3. This natural language processor was trained on parameters ten times greater than its most sophisticated rival and can be used to answer...more

Can Purpose-Built Equipment Bring Blockchain Back as a Tech Solution?

When was the last time you talked about blockchain? Maybe 18 months to 2 years ago when the world was new, Broadway was open, and blockchain was everywhere. And then it wasn’t. Blockchain didn’t leave us, its golden promise...more

Is Your Privacy Violated by Using Your Face to Train AI to Recognize Faces?

If a picture of your face is used for a purpose that doesn’t identify you, is your privacy violated? If the publicly available picture was used just to show a face, distinguished from some faces, similar to others, and fed...more

GDPR Update: Top EU Court Strikes Down Validity of EU-US Privacy Shield Framework; Upholds Standard Contractual Clauses

Today, July 16, 2020, the EU’s top court, the Court of Justice of the European Union (CJEU), issued its highly anticipated decision in the Schrems II case. In doing so, CJEU has invalidated the EU-US Privacy Shield Framework...more

How Restaurants Could Use Advanced Tech to Survive the Pandemic and Beyond

It’s no secret that the COVID-19 crisis is destroying the restaurant industry. Hospitality dies when customers won’t leave their homes, and no amount of Grub Hub delivery will replace the dine-in experience, the workers it...more

Training and Testing AI Involves Business Risk

You may have never thought about the data sets for training and testing AI, but you should. Software runs the world. The coming generation of software will include machine learning, so lawyers and businesses should...more

Toss Out the Milk, The Cookie Party is Over

For 25 years – since the introduction of Internet Explorer 2 – our browsers supported third-party cookie technology that formed the basis of internet advertising. The cookie party is ending. Tech lawyers and business...more

California Screamin’ – Privacy Rollercoaster Becoming Steeper for Businesses

As the CCPA enforcement date of July 1, 2020 approaches next week, California privacy rights were already on the minds of many businesses. However, just as organizations wrap up month and year-long projects to address those...more

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