Marisa Polowitz

Patchwork privacy protections won't shield the public from the invasive aspects of AI. Now's the time to update and bolster privacy and consumer protection laws. Don't take my word for it - Ryan Calo (University of Washington) makes quite the compelling case on this podcast from The Lawfare Institute. Give it a listen over your coffee and let me know what you think! https://lnkd.in/eXZmdvGa

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On April 17, Colorado Governor Jared Polis signed HB 1058 into law, which means it is time to update our chart comparing the various definitions of sensitive data in consumer data privacy laws. Here's some more context: 1️⃣ HB 1058 amends the Colorado Privacy Act to add biological data (and through it neural data) as a category of sensitive data in the Colorado Privacy Act. 2️⃣ The true impact of the amendment is debatable as the definition of biological data states that the data must be "used or intended to be used, singly or in combination with other personal data, for identification purposes." 3️⃣ Colorado is the first state to add biological/neural data to its state privacy law. This continues the trend over the last two legislative sessions of state lawmakers expanding the types of data covered as sensitive data. Given the constant expansion, at some point it may be easier to define what is not sensitive data rather than what is. 4️⃣ California is also considering a bill to add neural data to the CCPA's definition of sensitive personal information. 5️⃣ Colorado isn't done. The legislature is still considering two other bills to amend the Colorado Privacy Act, dealing with the treatment of biometric data and minor's data. 6️⃣ Here's a link to the Colorado bill for those interested: https://lnkd.in/gE7KPyY9

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Washington's New Health law, MHMD will take effect on March 31, 2024, although small businesses have until June 30, 2024, to comply. Restrictions related to geofencing take effect this year on July 23, 2023. What do you need if you are a Regulated Entity or Business under the law? - Notice - Consent - DPA - Security - Geofencing Restriction - Consumer Rights Mechanism - Authorization for Sale Find a quick summary here

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One of the many open issues preventing more widespread use of AI is determining what copyright a would be author might have in works created with the assistance of AI. While human authorship is required in the US for a work to be copyrightable, works created with the help of AI may be copyrightable if a “human had creative control over the work’s expression.” The linked article provides some examples of implementation of this guidance. However, only the growing number of case-by-case decisions will really yield more clarity on this point. #ai #copyright https://lnkd.in/e9kjAZne

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Late last month, the U.S. Department of Health and Human Services published its long-awaited Final Rule regarding reproductive health privacy. In the latest Data Counsel Blog, Partner Aleksandra Vold examines the analysis and reviews key takeaways of the rule. #BHBlog #Dobbs #HHS

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When AI is trained with unlicensed copyrighted material, the question of infringement versus fair use remains unresolved. Many copyright holders assert that this use violates their rights, and are litigating to address the issue. In light of this, is it premature to require AI companies to disclose which copyrighted works are used to train their generative AI systems? #ai #trainingdata

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Friday, June 12th at 2pm EST, Lexbe will be hosting a webinar titled “How to Use the Wayback Machine in Litigation” During this session, you’ll hear from an expert witness on the Internet Archive Wayback Machine (IAWM) and it’s use in litigation. You’ll learn about the background of the IAWM, examples of it’s use in specific cases, the interface and features, authentication and admissibility, temporal coherence, and timestamping of content changes.

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Interesting congressional hearing on AI and IP--grappling with whether IP protection should be given to American inventions and works created with AI. Read more by Crowell's William Frankel, Dalton Hughes, Joachim Steinberg, and Neda Shaheen:

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From Husch Blackwell: We are currently tracking thirteen privacy and AI-related bills that previously crossed chambers prior to the legislative deadline. With the California legislature closing on August 31, we will be providing weekly updates on the progress of these bills. #dataprivacy #ai #artificialintelligence #california #legislation

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I found this Littler article regarding the Supreme Court’s decision in Loper Bright and its impact on potential federal legislation regarding AI. It's interesting in light of advanced efforts at the state level (e.g., in Colorado and, to an extent, California) that would seemingly withstand some of the non-delegation concerns raised in Loper Bright. Worth a read. https://lnkd.in/dj_E2ipA #ai #artificialintelligence #ailaw #loperbright #technology #techlaw #tech #regulation #policy #sb1047

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Colorado has taken a significant step forward in regulating artificial intelligence (AI) with the passage of SB24-205. This legislation aims to establish consumer protections in interactions with AI systems, particularly those deemed "high-risk," such as in healthcare services. SB24-205 introduces new legal requirements and duties for developers and deployers of high-risk AI systems to mitigate the risks of algorithmic discrimination. These requirements vary depending on several factors, but include: 🔍 Implementing risk management policies and programs aligned with recognized standards (e.g., NIST AI Risk Management Framework) 📊 Conducting and maintaining impact assessments to identify and mitigate discrimination risks 📣 Notifying consumers when high-risk AI systems are used for consequential decisions ℹ️ Providing consumers with information on adverse decisions, data correction opportunities, and appeal processes I strongly encourage anyone thinking of developing or deploying AI systems in Colorado to carefully review this law to understand the risks and benefits of implementing such systems. As an advocate for the responsible development and deployment of AI, I applaud Colorado for taking steps to protect the public. However, I am increasingly concerned about the potential for a patchwork of state-by-state AI regulations in the United States. While state-level initiatives are crucial in the absence of federal oversight, uniformity in their requirements is essential for effective regulation. Perhaps it's time to consider an interstate AI compact? 🤔 #airegulation #consumerprotection #responsibleai #colorado #ai #healthcare #regulation #compact #aicompact

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When do we predict AI agents will roll out in the legal world? While there may be a lot of talk about how AI agents could replace certain roles, I would argue that the legal field will want to look at this differently: this is not about decreasing headcount, but rather about increasing bandwidth. How could firms or in-house departments use AI agents to do more at a better level and quicker pace? https://lnkd.in/ewfcZxC3

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An article summarizing Reed Smith's "Discovery Crossfire" debate-style webinar on AI issues in e-discovery, hosted by Therese Craparo, Anthony Diana, David Cohen and Kiriaki Tourikis, was published in Legaltech News. During the webinar, our speakers debated key issues surrounding generative AI in e-discovery, including the use of third-party AI tools, the obligation to preserve AI interactions, and the role of ESI protocols. Participants debated on whether AI tools should be used without consent, the preservation of AI-generated data, and the effectiveness of ESI protocols in ensuring compliance and efficiency. They also discussed the challenges of preserving cellphone data through legal hold notices, balancing privacy with preservation needs. A copy of the article can be found below. #artificialintelligence #ediscovery #legaltech

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A new draft of the APRA dropped today, just in time for our webinar on the topic tomorrow! We’ll go over the latest developments and discuss how life sciences companies can prepare for compliance. Register here: https://lnkd.in/eMt3AZwD IAPP - International Association of Privacy Professionals

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From DC to Sacramento, AI regulation remains a hot (and often contentious) topic. Big thanks to Helen Toner and Zachary Arnold of Center for Security and Emerging Technology (CSET) for coming on The Lawfare Institute podcast to talk about a regulatory agenda that could unite "doomers" and "ethicists." Thanks also to Graham Hardig for excellent research assistance in preparing for this exciting interview. Give it a listen: https://lnkd.in/e4G3cHag

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Colorado leads the way in protecting neural data privacy with new legislation signed by Gov. Jared Polis. The bill expands the Colorado Privacy Act and sets a precedent for other states. Read more from Constangy Cyber Team member Amanda Novak in the link below. #coloradoprivacyact #cpa #dataprivacy #cybersecurity

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I have a confession: If content is king, my law firm is losing the content war to ChatGPT lawyers. We’ve always valued high-quality, original content that provides real insights to our audience. Over the years, we’ve published 670 original blog posts on DWI defense, with the goal of delivering one meaningful post each week. Quite often we cannot meet this goal, and with the rise of AI-generated content, we find ourselves questioning our approach. AI tools like ChatGPT can quickly summarize vast amounts of information, but they cannot (yet): - Uncover the hidden practices of state crime labs; - Develop groundbreaking methods to challenge DWI cases; - Produce truly original and creative content that sets us apart. This raises a critical question: Should we continue to prioritize depth and originality, or adapt to the increasing dominance of AI-generated content? Will our audience—lawyers, referral sources, and potential clients—still seek our site for trusted, novel, and authoritative insights, or will the volume of automated content dilute the impact of quality work? I’m interested in hearing your perspective. Should we give up on original content and focus instead on SEO quantity?

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The brain is the new privacy frontier: Responding to developing technologies in the neurotech space, a number of American states have amended their privacy laws to include "neural data" in their definition of sensitive personal information. Some require opt-in consent for its collection, others simply the possibility for a data subject to opt out. Some have included employees' neural data in the definition, others not - with varying implications for privacy protection:

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