LEGAL INSIGHTS

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We recognize the increasing complexity our Clients face in identifying relevant content and insightful business perspectives on changes and developments important to their practice areas and business interests. We invest in creating and sharing Client-centric content, and provide our Clients with current insights and knowledge that affect critical business decisions and the development of cogent business strategies.

Apple’s X-Cellent Response to Sen. Franken’s Queries Regarding Facial Recognition Technologies

Apple’s X-Cellent Response to Sen. Franken’s Queries Regarding Facial Recognition Technologies

By Dawn Ingley | Recently, I wrote an article outlining the growing body of state legislation designed to address and mitigate emerging privacy concerns over facial recognition technologies.  It now appears that the issue will be examined at the federal level.  In September, Senator Al Franken of Minnesota, concerned that certain Apple technologies would be used to benefit other sectors of its business, as a “big data” profit center or to satisfy law enforcement agency requests, issued a series of pointed questions to Apple regarding its iPhone X’s FaceID.  That letter included the following questions…

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Pros and Cons of Hiring a Security Rating Agency

Pros and Cons of Hiring a Security Rating Agency

By Jennifer Thompson | One can hardly check out any news outlet today without reading or hearing about a security breach.  Experts frequently advocate performing internal assessments to identify security weaknesses.  Commentators tout the importance of assessing the security of the entities with which you do business.  Investors, partners and markets shy away from companies that are not proactive enough with respect to security. Given the multitude of variables involved and security measures available, how can a company convey the effectiveness of its own security program in a meaningful manner? Further, given how fact and business-specific that security is, how can one company compare its own security measures to those taken by another company?  Many companies turn to independent ratings agencies for an objective evaluation and systematized rating.

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Part II of III | FTC Provides Guidance on Reasonable Data Security Practices

Part II of III | FTC Provides Guidance on Reasonable Data Security Practices

By Linda Henry | Over the past 15 years, the Federal Trade Commission (FTC) has brought more than 60 cases against companies for unfair or deceptive data security practices that put consumers’ personal data at unreasonable risk.  Although the FTC has stated that the touchstone of its approach to data security is reasonableness, the FTC has faced considerable criticism from the business community for lack of clarity as to as to what it considers reasonable data security.

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Part I of III | FTC Provides Guidance on Reasonable Data Security Practices

Part I of III | FTC Provides Guidance on Reasonable Data Security Practices

By Linda Henry | Over the past 15 years, the Federal Trade Commission (FTC) has brought more than 60 cases against companies for unfair or deceptive data security practices that put consumers’ personal data at unreasonable risk.  Although the FTC has stated that the touchstone of its approach to data security is reasonableness, the FTC has faced considerable criticism from the business community for lack of clarity as to as to what it considers reasonable data security.

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Data Scraping, Bots and First Amendment Rights

Data Scraping, Bots and First Amendment Rights

By Linda Henry | A recent case involving a small workforce analytics startup fighting for its right to extract data from the largest professional networking site on the Internet may set a precedent for applying constitutional principles to social medial platforms.  hiQ Labs, Inc., the company seeking to protect its right to scrape publicly available data from LinkedIn, maintains that social media platforms should be treated as a public forum, and consequently, hiQ’s data scraping activities are protected by the First Amendment.

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When 2017 Becomes 1984: Facial Recognition Technologies – Face a Growing Legal Landscape

When 2017 Becomes 1984: Facial Recognition Technologies – Face a Growing Legal Landscape

By Dawn Ingley | Recently, Stanford University professor and researcher Michal Kosinski caused a stir of epic proportions and conjured up visions of George Orwell’s 1984 in the artificial intelligence (AI) community.  Kosinski posited that several AI tools are now able to determine the sexual orientation of a person, just based on a photograph, and has gone on to speculate that AI could also predict political ideology, IQ, and propensity for criminal behavior.  Indeed, using a complex algorithm, Kosinski accurately pinpointed a male’s sexual orientation over 90% of the time.  While technology advances frequently outpace corresponding changes in the law, the implications of this technology are alarming.  Could the LGBTQ community be targeted for violence or other discrimination based on this analysis?  Could “potential criminals” be turned away from gainful employment based on mere speculation about future behavior?  Would Facebook account photographs be an unintentional window into the most private facets of one’s life?  In a country already divided over sociopolitical issues, the answer to all of these questions unfortunately seems to be not if, but when.  The urgency for laws and regulations to police the exponential proliferation of AI’s potential intrusions cannot be overstated as the threat of a 1984 world becomes more of a reality.

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