Impurities in the AI Engine’s Gas Tank

The European Union respects data privacy; the United States does not.

The Wall Street Journal’s report that E.U. regulators fined Meta, Facebook’s parent, $1.3 billion for privacy violations struck a raw nerve. The United States has no laws to protect the privacy of consumer data, and Meta was fined because it transferred data collected from its European users for storage in the United States.

E.U. regulators expressed concern that this U.S.-stored data would be purloined by American spy agencies without knowledge or legal recourse of the people from whom it was collected purloined.

Instead of stealing consumer data, U.S. spy agencies are now buying, and sharing, vast quantities of personal data, replacing the intrusive surveillance that spy and law enforcement agencies, domestic and foreign, once used. This is the conclusion of a report commissioned by the Director of National Intelligence. The purchase of data is not subject to Fourth Amendment restraints.

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Do You Know What Your Data is Doing?

The headline is a mouthful, but in the time you read this column your personal data has probably been collected by the more sophisticated vendors with whom you do business and is being used to target you for more purchases. This now-common practice might offend or it might be seen as consumer-useful.  It’s very clear, though, that artificial intelligence plays a role in selecting data capture and crafting the ad messages. Continue reading

All Sorts of Issues with Artificial Intelligence

“AI is the next revolution … there is no going back.”

— M. Werneck, executive vice president, The Kraft Heinz Company.

Not all revolutions benefit humanity. Tech luminaries Elon Musk and AI pioneer Yoshua Bengio recently warned we might be circling the drain. They, and others, have called for a six-month moratorium on training artificial intelligence systems more powerful than Microsoft’s GPT-4. They caution AI can be dangerous to society in ways not understood.

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Hermés: Protect the Trademark or the Art?

In the first trial involving non-fungible tokens, or NFTs, trademark rights and a First Amendment defense, a jury in New York City earlier this month found an artist had violated the trademark rights of Hermés, the iconic French fashion house.

At issue was the artist’s NFT depictions of Hermés’ Birkin bags and his use of the BIRKIN mark in connection with his art. NFTs are digital depictions of art that reside not on walls or shelves of collectors but in the cloud, accessible via the owner’s computer.

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Jim Astrachan Receives The Daily Record’s 2022 Icon Honors Award

Jim Astrachan - Intellectual Property Lawyer

Congratulations to our partner Jim Astrachan on being selected by The Daily Record as a 2022 Icon Honors recipient.

The Icon Honors recognizes Maryland business leaders over the age of 60 for their notable success and demonstration of strong leadership within and outside their fields. The honorees have moved their businesses and the state of Maryland forward by growing jobs and making a difference in the community.

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