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DC: We need to be very careful w/ emerging techs during this time

On 04/13/2020, in 21st century, 24x7x365 access, Asia, Daniel S. Christian, emerging technologies, Europe, health, ideas, law schools, leadership, legislatures / government / legal, platforms, policy, society, the downsides of how people use tech, tools, United States, by Daniel Christian

From DSC:
As the ripples move outward from this time of the Coronavirus, we need to be very careful with #EmergingTechnologies. For example, where might the use of (police dept) drones equipped with #AI & #FacialRecognition flying overhead take us? What if you’re of the “wrong religion” in a country? Hmm…

 

Social Distancing Enforcement Drones Arrive in the U.S. — from nymag.com by Adam Raymond

Excerpts:

In late January, a viral video from China showed people who’d wandered outside in the early days of the coronavirus outbreak getting scolded by a disembodied voice from a drone flying overhead. Last month, similar campaigns began in France, where locals flouting travel restrictions were gently reminded to “respectez les distances de sécurité s’il vous plaît.”

Now, self-righteous flying robots have made their way to the U.S., with at least two American police departments deploying drones to tell people to disperse, go home, and stay there.

“These drones will be around the City with an automated message from the Mayor telling you to STOP gathering, disperse and go home,” the police department wrote on Facebook. “Summonses HAVE AND WILL CONTINUE to be issued to those found in violation. Fines are up to $1000. You have been advised.”

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Pandemic II: Justice system down [Furlong]

On 04/11/2020, in 21st century, Access to Justice (A2J), Canada, Cost of legal services - including access, law schools, legal reform, legal technologies, legislatures / government / legal, platforms, policy, political science, productivity / tips and tricks, society, United States, by Daniel Christian

Pandemic II: Justice system down — from law21.ca by Jordan Furlong

Excerpt:

We need to recognize a couple of things about our justice system, in order to fully appreciate the fate that awaits it in the COVID-19 era and the tasks that now lie in front of us.

The first is that the system has nowhere near the capacity or resilience required to handle an emergency of this magnitude. Like our hospitals, which are about to be overrun with virus patients, our courts are perpetually underfunded, technologically handicapped, and already overloaded.

Case backlogs are common, hearings are routinely adjourned, and even straightforward cases stretch out over months and years. There is an entire body of constitutional law that addresses how long you can delay a person’s trial before their rights are violated, and it should tell us something that we don’t even find that remarkable anymore.

What this crisis has revealed is the central operating assumption of our justice institutions, which has now become our stumbling block: Everybody comes to the courthouse.
…
Richard Susskind has made many insightful observations over the course of his career, but I suspect one will outlast all the others: “We have to decide if court is a place or a service.” For hundreds of years — right up until last month, in fact — court has been a place. By the time this pandemic has truly run its course, court will be a service.

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My thanks to a friend for causing me to further reflect on this article: “Can computers ever replace the classroom?” [Beard]

On 03/26/2020, in 21st century, 24x7x365 access, A/V -- audio/visual, analytics, Artificial Intelligence/Agents/LLMs/and Related, Asia, career development, change, cloud-based computing / apps / other cloud-related, CMS/LMS, collaboration, colleges, community colleges, corporate universities / corporate training, Daniel S. Christian, data related items, digital learning, distance education, education, education reform, education technology, elearning, emerging technologies, engagement / engaging students, Europe, experimentation, future, game-changing environment, global / globalization, heutagogy, higher education, human-computer interaction (HCI), ideas, India, innovation, instructional design, intelligent systems, intelligent tutoring, internet, K-12 related, law schools, leadership, learner profiles, learning, learning agents, learning ecosystem, Learning from the Living [Class] Room, learning preferences, legal technologies, legislatures / government / legal, more voice more choice more control, New "Amazon.com" of Higher Education, online learning, online media, online tutoring, personalized/customized learning, platforms, policy, political science, programming, society, teachers, teaching & learning, the downsides of how people use tech, tools, training / L&D, UK, United States, vendors, videoconferencing, virtual tutoring, vision/possibilities, by Daniel Christian

From DSC:
I’d like to thank Mr. Eric Osterberg — a fraternity brother and friend of mine — for sending me the following article. I wrote back to him. After thanking Eric for the article, I said:

Such an article makes me reflect on things — which is always a good thing for me to try to see my blindspots and/or to think about the good and bad of things. Technologies are becoming more powerful and integrated into our lives — for better at times and for worse at other times.

I’m wondering how the legal realm can assist and/or help create a positive future for societies throughout the globe…any thoughts?

Can computers ever replace the classroom? — from theguardian.com by Alex Beard
With 850 million children worldwide shut out of schools, tech evangelists claim now is the time for AI education. But as the technology’s power grows, so too do the dangers that come with it. 

Excerpts:

But it’s in China, where President Xi Jinping has called for the nation to lead the world in AI innovation by 2030, that the fastest progress is being made. In 2018 alone, Li told me, 60 new AI companies entered China’s private education market. Squirrel AI is part of this new generation of education start-ups. The company has already enrolled 2 million student users, opened 2,600 learning centres in 700 cities across China, and raised $150m from investors.
…
The supposed AI education revolution is not here yet, and it is likely that the majority of projects will collapse under the weight of their own hype.

The point, in short, is that AI doesn’t have to match the general intelligence of humans to be useful – or indeed powerful. This is both the promise of AI, and the danger it poses.

It was a reminder that Squirrel AI’s platform, like those of its competitors worldwide, doesn’t have to be better than the best human teachers – to improve people’s lives, it just needs to be good enough, at the right price, to supplement what we’ve got. The problem is that it is hard to see technology companies stopping there. For better and worse, their ambitions are bigger. “We could make a lot of geniuses,” Li told me.

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Voice Assistants in Pre and Post-Operative Care and the Duty to Warn Patients of Remote Risks – A Legal Discussion [Schwartz]

On 03/22/2020, in 21st century, 24x7x365 access, Artificial Intelligence/Agents/LLMs/and Related, bots, communications, health, law schools, legislatures / government / legal, Natural Language Processing (NLP), platforms, policy, voice recognition / voice enabled interfaces, by Daniel Christian

Voice Assistants in Pre and Post-Operative Care and the Duty to Warn Patients of Remote Risks – A Legal Discussion— from by Eric Hal Schwartz

Excerpt:

A potential risk of surgery is so remote that it is rarely seen in practice, and only appears in archaic medical literature, does the voice assistant need to advise of that risk?

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“Count your blessings.” You will, after reading even just the first few paragraphs of this article. [Christian]

On 03/18/2020, in biology, business, corporate / business world, health, hearts -- matters of the heart, policy, society, sociology, United States, youth, by Daniel Christian

Six quick— but very important— points about Coronavirus and poverty in the US –– from commondreams.org by Bill Quigley; with thanks to a colleague at WMU-Cooley Law School for her message on this.
The most vulnerable among us simply do not have the same options as the most privileged.

Excerpts:

In the United States, tens of millions of people are at a much greater risk of getting sick from the coronavirus than others.  The most vulnerable among us do not have the option to comply with suggestions to stay home from work or work remotely. Most low wage workers do not have any paid sick days and cannot do their work from home.  The over two million people in jails and prisons each night do not have these options nor do the half a million homeless people.

One.  Thirty-four million workers do not have a single day of paid sick leave. Even though most of the developed world gives its workers paid sick leave there is no federal law requiring it for workers.

Two.  Low wage workers and people without a paid sick day have to continue to work to survive.

Three.  About 30 million people in the US do not have health insurance, according to the Kaiser Family Foundation.

Four.  Staying home is not an option for the homeless.

Five.  Nearly 2.2 million people are in jails and prisons every day, the highest rate in the world.

Six.  Solutions?  [The article lists several.]

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US falls out of top 20 in Rule of Law Index, while global declines continue [Cassens Weiss]

On 03/15/2020, in law schools, legal reform, legislatures / government / legal, policy, political science, society, United States, by Daniel Christian

US falls out of top 20 in Rule of Law Index, while global declines continue — from abajournal.com by Debra Cassens Weiss

Excerpt:

For the first time, the United States fell out of the top 20 countries for adherence to the rule of law in an index compiled by the World Justice Project.

The United States dropped to No. 21 in the index, while Spain moved in to the top 20, according to press releases here and here and a summary here. The index is based on national surveys of more than 130,000 households and 4,000 legal practitioners and experts around the world.

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AI laws are coming [Walch]

On 03/07/2020, in 21st century, Artificial Intelligence/Agents/LLMs/and Related, emerging technologies, global / globalization, legal reform, legal technologies, legislatures / government / legal, pace of change, policy, political science, privacy, society, by Daniel Christian

AI laws are coming — from forbes.com by Kathleen Walch

Excerpt:

The pace of adoption for AI and cognitive technologies continues unabated with widespread, worldwide, rapid adoption. Adoption of AI by enterprises and organizations continues to grow, as evidenced by a recent survey showing growth across each of the seven patterns of AI. However, with this growth of adoption comes strain as existing regulation and laws struggle to deal with emerging challenges. As a result, governments around the world are moving quickly to ensure that existing laws, regulations, and legal constructs remain relevant in the face of technology change and can deal with new, emerging challenges posed by AI.

Research firm Cognilytica recently published a report on Worldwide AI Laws and Regulations that explores the latest legal and regulatory actions taken by countries around the world across nine different AI-relevant areas.

 

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Facial recognition startup Clearview AI says its full client list was stolen [Bonifacic]

On 02/28/2020, in 21st century, Artificial Intelligence/Agents/LLMs/and Related, emerging technologies, intelligent systems, law schools, legislatures / government / legal, platforms, policy, political science, society, the downsides of how people use tech, United States, vendors, by Daniel Christian

Facial recognition startup Clearview AI says its full client list was stolen — from engadget.com by Igor Bonifacic

Excerpt:

You might expect a high-profile (and controversial) facial recognition startup like Clearview AI would have its data locked down, but it turns out it’s just as vulnerable as almost any other company to malicious individuals. In a notification obtained by The Daily Beast, the company says a recent vulnerability allowed someone to gain “unauthorized access” to a list of all of its customers. Clearview works with approximately 600 law enforcement agencies across North America, including the Chicago Police Department.

Also see:

 

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5 items re: technology’s further integration into the legal realm

On 02/26/2020, in 21st century, Artificial Intelligence/Agents/LLMs/and Related, career development, change, changing business models, collaboration, communities of practice, computer science, Cost of legal services - including access, Daniel S. Christian, Europe, innovation, law schools, legal technologies, legislatures / government / legal, platforms, policy, RSS, social media, society, staying relevant, streams of content, technology (general), United States, universities, by Daniel Christian

The 2020 ABA Techshow

Also see:

EU Proposes Strict Regulations for AI — from futuretech360.com by John K. Waters

Excerpt:

The European Union this week unveiled its first proposed regulations for artificial intelligence (AI) technology, along with a strategy for handling personal digital data. The new regs provide guidance around such AI use cases as autonomous vehicles and biometric IDs.

Published online by the European Commission, the proposed regulations would apply to “high-risk” uses of AI in areas such as health care, transportation and criminal justice. The criteria to determine risk would include such considerations as whether a person might get hurt, say, by a self-driving car or a medical device, and how much influence a human has on an AI’s decision in areas like job recruiting and law enforcement.

 

 From DSC:
Here are two other example of AI’s further integration into the legal realm:

Casetext is Automating Litigation — from businesswire.com
Casetext’s new litigation automation technology, Compose, automates substantive legal work — and a substantial number of billable hours

Excerpt:

SAN FRANCISCO–(BUSINESS WIRE)–Casetext, the legal technology company known for its groundbreaking A.I. legal research platform, today announces a new product that will define litigation automation: Compose. Compose, which automates the first draft of a legal brief, is poised to disrupt the $437 billion1 legal services industry and fundamentally change our understanding of what types of professional work are uniquely human.


UC Irvine School of Law To Integrate Blue J Legal’s AI-Enabled Tax Platform into Curriculum — from businesswire.com
First of its kind initiative aims to prepare graduate students for careers in tax law where AI will be integral to the decision-making process

The joint effort aims to demonstrate why advanced technological integration in higher education is important and how to leverage it, specifically in tax law.

 

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ABA passes access to justice measure after opposition fades [Sam Skolnik]

On 02/18/2020, in Access to Justice (A2J), law schools, leadership, legal technologies, legislatures / government / legal, policy, United States, using teams, by Daniel Christian

ABA passes access to justice measure after opposition fades — from news.bloomberglaw.com by Sam Skolnik

  • New York State Bar Association president lauds “powerfully important moment”
  • Vote followed several days of sometimes tense negotiations

Excerpt:

The American Bar Association passed a resolution encouraging state bars to explore innovative approaches to access to justice by voice vote on Monday, after several days of behind-the-scenes negotiations during which its passage seemed unclear.

Proponents of Resolution 115 prevailed in the House of Delegates vote during the ABA midyear meeting in Austin, Texas, in part because they were willing to adjust the proposal’s language to make it more palatable to detractors who had been concerned about its possible impact on legal industry independence. The House of Delegates is the policy-making arm of the ABA, composed of nearly 600 members, two-thirds of whom represent state, local, and specialty-focused bar groups.

Also see:

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American Bar Assn. President criticizes U.S. legal system as backward, resistant to change [Barnes]

On 02/09/2020, in 21st century, Access to Justice (A2J), ideas, innovation, law schools, legal technologies, legislatures / government / legal, policy, political science, society, sociology, technology (general), tools, United States, by Daniel Christian

American Bar Assn. President criticizes U.S. legal system as backward, resistant to change — from forbes.com by Patricia Barnes

Excerpt (emphasis DSC):

Judy Perry Martinez, president of the American Bar Association (ABA), has issued an unusually frank plea calling upon the legal profession to support reform of America’s backward legal system to better serve the public.

“We need new ideas,” said Martinez. “We are one-fifth into the 21st century, yet we continue to rely on 20th-century processes, procedures and regulations. We need to retain 20th-century values but advance them using 21st-century approaches that can increase access to justice.”

Martinez’ comments are contained in a letter appearing in the February-March 2020 issue of the ABA’s monthly magazine, The ABA Journal.

Martinez expressed frustration with resistance in the legal profession to state-level efforts to innovate in the provision of legal services.

Martinez was particularly critical of the lack of access to civil justice in the United States. She cited the World Justice Project’s ranking of the U.S. in the bottom tier with respect to access to and affordability of civil justice. She said the U.S. is tied for 99th place out of 126 countries. Additionally, Martinez said research by the Legal Services Corp. found that low-income Americans received inadequate or no professional legal help for 86% of their civil legal problems, including child custody, debt collection, eviction and foreclosure. She did not spare the criminal justice system. In many states, Martinez says, “overwhelming caseloads and inadequate resources for public defenders severely hamper the Sixth Amendment right to counsel for indigent criminal defendants.

 

From DSC:
I congratulate Judy Perry Martinez for her stance here, as she’s ultimately fighting for our society — especially for access to justice. Though I don’t know Judy, I appreciate the courage that it must have taken to pen that letter.

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How to block Facebook and Google from identifying your face [Haselton]

On 01/25/2020, in Artificial Intelligence/Agents/LLMs/and Related, Facebook / Meta Platforms, Google, law schools, legislatures / government / legal, platforms, policy, political science, the downsides of how people use tech, by Daniel Christian

How to block Facebook and Google from identifying your face — from cnbc.com by Todd Haselton

Excerpt:

  • A New York Times report over the weekend discussed a company named Clearview AI that can easily recognize people’s faces when someone uploads a picture.
  • It scrapes this data from the internet and sites people commonly use, such as Facebook and YouTube, according to the report.
  • You can stop Facebook and Google from recognizing your face in their systems, which is one step toward regaining your privacy.
  • Still, it probably won’t entirely stop companies like Clearview AI from recognizing you, since they’re not using the systems developed by Google or Facebook.
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Ohio, Illinois, & Michigan courts using technology to bring their services to the people [Houlberg]

On 01/24/2020, in law schools, legal technologies, legislatures / government / legal, Michigan, policy, technology (general), by Daniel Christian

Ohio, Illinois, & Michigan courts using technology to bring their services to the people — from iaals.du.edu by Michael Houlberg

Excerpt:

Each of these three technological expansions within the courts align with IAALS’ Eighteen Ways Courts Should Use Technology to Better Serve Their Customers, in which we examine ways that existing technologies can be leveraged to improve court users’ experiences.

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Why *you* should care about what’s happening with law schools and the legal realm in general!

On 01/23/2020, in 21st century, Access to Justice (A2J), Artificial Intelligence/Agents/LLMs/and Related, career development, change, collaboration, dangers of the status quo, Daniel S. Christian, emerging technologies, entrepreneurship, ethics, faith, future, game-changing environment, global / globalization, higher education, human-computer interaction (HCI), ideas, innovation, law schools, legal technologies, legislatures / government / legal, morals/values, online learning, pace of change, platforms, policy, political science, professional development, society, technologies for your home, technology (general), the downsides of how people use tech, trends, Uncategorized, United States, universities, vendors, vision/possibilities, youth, by Daniel Christian

From DSC:
As some of you may know, I’m now working for the WMU-Thomas M. Cooley Law School. My faith gets involved here, but I believe that the LORD wanted me to get involved with:

  • Using technology to increase access to justice (#A2J)
  • Contributing to leveraging the science of learning for the long-term benefit of our students, faculty, and staff
  • Raising awareness regarding the potential pros and cons of today’s emerging technologies
  • Increase the understanding that the legal realm has a looooong way to go to try to get (even somewhat) caught up with the impacts that such emerging technologies can/might have on us.
  • Contributing and collaborating with others to help develop a positive future, not a negative one.

Along these lines…in regards to what’s been happening with law schools over the last few years, I wanted to share a couple of things:

1) An article from The Chronicle of Higher Education by Benjamin Barton:

The Law School Crash

 

2) A response from our President and Dean, James McGrath:Repositioning a Law School for the New Normal

 

From DSC:
I also wanted to personally say that I arrived at WMU-Cooley Law School in 2018, and have been learning a lot there (which I love about my job!).  Cooley employees are very warm, welcoming, experienced, knowledgeable, and professional. Everyone there is mission-driven. My boss, Chris Church, is multi-talented and excellent. Cooley has a great administrative/management team as well.

There have been many exciting, new things happening there. But that said, it will take time before we see the results of these changes. Perseverance and innovation will be key ingredients to crafting a modern legal education — especially in an industry that is just now beginning to offer online-based courses at the Juris Doctor (J.D.) level (i.e., 20 years behind when this began occurring within undergraduate higher education).

My point in posting this is to say that we should ALL care about what’s happening within the legal realm!  We are all impacted by it, whether we realize it or not. We are all in this together and no one is an island — not as individuals, and not as organizations.

We need:

  • Far more diversity within the legal field
  • More technical expertise within the legal realm — not only with lawyers, but with legislators, senators, representatives, judges, others
  • Greater use of teams of specialists within the legal field
  • To offer more courses regarding emerging technologies — and not only for the legal practices themselves but also for society at large.
  • To be far more vigilant in crafting a positive world to be handed down to our kids and grandkids — a dream, not a nightmare. Just because we can, doesn’t mean we should.

Still not convinced that you should care? Here are some things on the CURRENT landscapes:

  • You go to drop something off at your neighbor’s house. They have a camera that gets activated.  What facial recognition database are you now on? Did you give your consent to that? No, you didn’t.
  • Because you posted your photo on Facebook, YouTube, Venmo and/or on millions of other websites, your face could be in ClearView AI’s database. Did you give your consent to that occurring? No, you didn’t.
  • You’re at the airport and facial recognition is used instead of a passport. Whose database was that from and what gets shared? Did you give your consent to that occurring? Probably not, and it’s not easy to opt-out either.
  • Numerous types of drones, delivery bots, and more are already coming onto the scene. What will the sidewalks, streets, and skies look like — and sound like — in your neighborhood in the near future? Is that how you want it? Did you give your consent to that happening? No, you didn’t.
  • …and on and on it goes.

Addendum — speaking of islands!

Palantir CEO: Silicon Valley can’t be on ‘Palo Alto island’ — Big Tech must play by the rules — from cnbc.com by Jessica Bursztynsky

Excerpt:

Palantir Technologies co-founder and CEO Alex Karp said Thursday the core problem in Silicon Valley is the attitude among tech executives that they want to be separate from United States regulation.

“You cannot create an island called Palo Alto Island,” said Karp, who suggested tech leaders would rather govern themselves. “What Silicon Valley really wants is the canton of Palo Alto. We have the United States of America, not the ‘United States of Canton,’ one of which is Palo Alto. That must change.”

“Consumer tech companies, not Apple, but the other ones, have basically decided we’re living on an island and the island is so far removed from what’s called the United States in every way, culturally, linguistically and in normative ways,” Karp added.

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Gartner: 10 ways technology will change what it means to be human [Kelly]

On 01/21/2020, in emerging technologies, future, game-changing environment, ideas, intelligent systems, internet, IT in HE, journalism, law schools, legislatures / government / legal, machine-to-machine communications, platforms, policy, political science, society, strategy, technology (general), vision/possibilities, by Daniel Christian

Gartner: 10 ways technology will change what it means to be human — from campustechnology.com by Rhea Kelly

Excerpts:

Gartner’s top 10 strategic predictions for technology are:

  1. “By 2023, the number of people with disabilities employed will triple due to AI and emerging technologies, reducing barriers to access.”
  2. “By 2024, AI identification of emotions will influence more than half of the online advertisements you see.”
  3. “Through 2023, 30 percent of IT organizations will extend BYOD policies with ‘bring your own enhancement’ (BYOE) to address augmented humans in the workforce.”
  4. “By 2025, 50 percent of people with a smartphone but without a bank account will use a mobile-accessible cryptocurrency account.”
  5. “By 2023, a self-regulating association for oversight of AI and machine learning designers will be established in at least four of the G7 countries.”
  6. “By 2023, 40 percent of professional workers will orchestrate their business application experiences and capabilities like they do their music streaming experience.”
  7. “By 2023, up to 30 percent of world news and video content will be authenticated as real by blockchain countering deep fake technology.”
  8. “Through 2021, digital transformation initiatives will take large traditional enterprises on average twice as long and cost twice as much as anticipated.”
  9. “By 2023, individual activities will be tracked digitally by an ‘Internet of Behavior’ to influence benefit and service eligibility for 40 percent of people worldwide.”
  10. “By 2024, the World Health Organization will identify online shopping as an addictive disorder, as millions abuse digital commerce and encounter financial stress.”

Facial recognition, location tracking and big data will allow organizations to monitor individual behavior and link that behavior to other digital actions, Gartner said, noting that “The Internet of Things (IoT) – where physical things are directed to do a certain thing based on a set of observed operating parameters relative to a desired set of operating parameters — is now being extended to people, known as the Internet of Behavior (IoB).”

 

From DSC:
That last quote about the “Internet of Behavior (IoB)” should disturb us. I don’t want that kind of world for the next generation. 

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