CyberLex™

Blogging at the intersection of technology, risk, and law. Jonathan Rosenoer

[cyberlex]

#HostileWeb| Flaws in #Cellphone #Evidence Prompt Review of 10,000 Verdicts in Denmark

Data offered in court was flawed when technical errors linked some phones to the wrong towers or created a less-detailed picture of their locations, officials said.

while lawyers might have discussed the significance of cellphone data, they typically had not questioned its accuracy before the system errors came to light.

[cyberlex]

#HostileWeb #AI #KillerRobot | Are You Ready for Weapons That Call Their Own Shots?

The speed with which the military is developing artificial intelligence raises fears of an autonomous weapons race.

“How would you design a #robot to know the difference between what is legal and what is right?”

[cyberlex]

Facebook's Libra coin likely to run a regulatory gauntlet

Facebook Inc will face unprecedented regulatory scrutiny over a new digital curr...

Just in terms of regulation, #Libra faces a "whole new ballgame"

#cryptocurrency #Facebook #stablecoin

[cyberlex]

#HostileWeb | I’m a Judge. Here’s How #Surveillance Is Challenging Our Legal System.

Prosecutors have stepped into the void left by Congress’s failure to say how far the police can go in using investigative technology.

Police requests to use #surveillance are one-sided. Prosecutors presents with no one to respond. No effective challenge may be possible. Prosecutors may use evidence if it was obtained in #goodfaith reliance on a magistrate’s order.

[cyberlex]

#HostileWeb| Want to See My #Genes? Get a #Warrant

Should the police be able to investigate your genetic family tree for any crime, no matter how minor?

"Legitimate #consent to the government’s use of an entire family tree should involve more than just a single person clicking 'yes' to a website’s terms and conditions."

#privacy

[cyberlex]

#HostileWeb #antitrust| Taming the Apex Predators of Tech

To rein in monopolies, maybe we need to rethink what a monopoly is.

If a company's platform exercises iron-fisted control over consumers, shouldn't it be considered a #monopoly?

#Facebook #Google

[cyberlex]

#HostileWeb #biometric| Worker wins landmark case over #fingerprinting on the job

The extraordinary legal battle that delivered the first #unfairdismissal decision of its kind in Australia.

While the law declared him #unfairlydismissed, his case didn't set a legal precedent about the ownership of #biometric data #GDPR #privacy

[cyberlex]

#HostileWeb| The Law Being Used to Prosecute Julian #Assange Is Broken

"The core problem with the Computer Fraud and Abuse Act is that it doesn't clearly define one of the central things it prohibits: unauthorized access to a computer." #CFAA #wikileaks #assange

[cyberlex]

#HostileWeb #copyright| Accused of ‘Terrorism’ for Putting Legal Materials Online

After Carl Malamud posted Georgia’s annotated laws, the state sued for copyright infringement. Both sides have asked the Supreme Court to step in.

#annotations are not themselves #law, Judge Marcus wrote. Urged: “Repeating the laws of our country should not be considered a crime”. 

[cyberlex]

#HostileWeb #privacy | Losing Our #4thAmendment Data Protection

The courts have shielded information when we have a “reasonable expectation” it will stay private. What happens when we stop believing?

Are frequent data breaches and continuous analysis of our information to serve ads rewiring our expectations of #privacy?

[cyberlex]

#HostileWeb| Countries Want to Ban ‘Weaponized’ #SocialMedia. What Would That Look Like?

No established democracies have ever come as close to applying such sweeping restrictions as Australia and New Zealand are considering in the wake of the Christchurch mosque shootings.

Is #SocialMedia's inability to moderate harmful content "a software problem that means the service should be suspended”? 

[cyberlex]

#HostileWeb #FHA| #Facebook Engages in #Housing #Discrimination With Its Ad Practices, U.S. Says

#HUD sued the company for violating the federal #FairHousingAct by limiting who sees ads based on characteristics like race, religion and national origin.

#Facebook’s “ad delivery system [allegedly] will not show the ad to a diverse audience if the system considers users with particular characteristics most likely to engage with the ad”

[cyberlex]

#HostileWeb| #Europe Adopts Tough New Online #Copyright Rules Over Tech Industry Protests

The strict copyright law will require Google and other technology companies to compensate musicians, authors and news publishers.

Websites with more than 5 mm unique monthly visitors will be required to make “best effort” to receive #copyright authorization, or keep the material from being shared altogether.

[cyberlex]

#HostileWeb #ECPA| Court Rules That Opened #Email Retains #Privacy Protections

4th Cir. rules that unless opened #email retains #ECPA protection, users’ #web-hosted emails accessed without the appropriate safeguards would not result in liability under ECPA

[cyberlex]

#HostileWeb| Locking More Than the Doors as #Cars Become Computers on Wheels

#Automakers are legally bound to provide state-of-the-art protection for their cars. The #hacking issues "will most likely require factory-to-junkyard monitoring." #assetmanagement #telematics

[cyberlex]

#HostileWeb #TrueThreat| Hip-Hop Artists Give the Supreme Court a Primer on Rap Music

The stars, including Chance the Rapper and Meek Mill, urged the court to hear the #1stAmendment case of a rapper imprisoned for threatening police officers in a song.

“The notion that one could commit a ‘#speech crime’ by uttering an objectively harmless statement with bad intent is profoundly chilling”

[cyberlex]

#HostileWeb #GDPR| An employer’s #vicariousliability for their employee’s deliberate data breach - the Morrisons supermarkets case

Is the data breach standard for employer #vicariousliability whether the employee’s role provided the opportunity for the wrong and also the occasion?