Privacy and security issues impact every aspect of our lives – home, work, travel, education, health/medical, to name but a few. On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways our privacy and security is diminished, often without our situational awareness. Note – two significant highlights of this week’s column: Woman Sues Border Agents to Make Them Return Data They Seized From Her Phone – and How Yahoo Is Mining For Gold in Your Junk Mail.
Privacy and security issues impact every aspect of our lives – home, work, travel, education, health/medical, to name but a few. On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways our privacy and security is diminished, often without our situational awareness. Please note these entries for actionable information that is valuable to multiple sectors (law, finance, government) – New survey shows executives heavily underestimate cybersecurity threats and Entity resolution is big business. There are more than 50 firms that sell some kind of service based on this.
In his article Ken Grady describes one possible future for the legal services that embodies radical transformation. He bases this new paradigm on Elon Musk’s premise: the only things unchangeable are the laws of nature. In the case of your law practice this means that regulations, custom, habits, and processes and procedures are all the focus of actionable change. Grady suggests specific ways that the innovative use of current technology and how you approach your work and client services can effectively and positively impact the not too distant future of your profession.
An Amazon Echo device is the subject of a prosecutor’s search warrant related to an Arkansas murder case. Nicole Black illuminates how such devices are complicating issues related to consumer privacy and vendor responses to search warrants. The ubiquity of Internet of Things (IoT) devices in homes will no doubt result in more warrants for the data they collect.
Ron Friedmann discusses the potential, likely and unlikely impact of high profile disruptive technologies on Big Law – including Bid Data. blockchain, AI and bots.
Alan Rothman’s article is based on a TechCrunch.com posting, The Next Stop on the Road to Revolution is Ambient Intelligence. Rothman offers an insightful analysis on how the rapidly expanding universe of digital intelligent systems wired into our daily routines is becoming more ubiquitous, unavoidable and ambient each day.
Criminal law expert Ken Strutin’s new article is yet another research tour de force – a collection of recent and notable developments concerning DNA as forensic science, metric of guilt, herald of innocence, and its emerging place in the debate over privacy and surveillance. The increasing use of DNA evidence to support assumptions of an individual’s guilt and less frequently as a tool to prove the innocence of prisoners wrongly convicted, reflects many facets of the changing fabric of the American criminal justice, the role of the Fourth Amendment and the increasing collection of a wide range of biological evidence from crime scenes whose metadata then is searchable within the national DNA database.
Marcus Zillman has a longstanding and comprehensive expertise pertaining to the Deep Web. The Deep Web or Dark Web covers trillions of pages of information held in dynamically generated repositories throughout the global web that remain inaccessible through popular applications and search engines. Searching for this information using deeper search techniques and the latest algorithms allows researchers to obtain a vast amount of information that was previously unavailable or inaccessible, in fields that include the sciences and maths, corporate and financial data, and data only surfaced using file sharing applications. Zillman’s new guide documents a wide range of sources to improve your research results, including articles and paper, cross database search services and tools, peer to peer and file sharing engines, and semantic web resources.
Nicole Black discusses how data downloaded from wearable technology has entered into the discovery phase of personal injury cases. A wealth of data can be collected about the direct activities of individuals who are using wearable devices while exercising, as well as conducting routine and regular activities such as walking. The implications of this concept may have considerable implications on par with those pertaining to the use of social media.
Criminal law expert Ken Strutin’s article addresses how DNA forensics is about information, privacy and the presumption of innocence. It has become the determinant for identification, solving cold cases and exonerating the innocent. Strutin describes that at its core, it is an inestimable library of personal data. Due to the increasingly important role of Personally identifiable information (PII), courts and legislatures have been attempting to balance the interests of the individual in protecting their genetic information with the usefulness and necessity of that same data for criminal investigation. Strutin notes clearly that any DNA or forensic database is a composite of intertwined informational and legal values that pose competing and conflicting questions about the analytics (accuracy, reliability and validity) of the data and the lawfulness (constitutionality) of its gathering. His article collects recent notable decisions and scholarship appearing in the aftermath of Maryland v. King.