Damika Webb Barr, JD, CIPP/US

Judicial Council of California 📰 News Release: Chief Justice Establishes Task Force on AI in California Courts In a groundbreaking move, the Chief Justice has announced the formation of a task force dedicated to exploring the use of generative AI within the California courts. The task force aims to strike a delicate balance between technological advancement and safeguarding public trust. 🤖🔍 🔍 Key Objectives: Preserving Public Trust: The task force will closely examine how AI can enhance court processes while maintaining public confidence in the judicial system. 🏛️ Accountability and Transparency: Ensuring that AI decisions are transparent, accountable, and free from bias will be a top priority. 👀 Privacy Protection: The task force will address privacy concerns related to AI-generated content and data handling. 🔒 🌐 Impact: As AI technologies continue to evolve, the California courts recognize the need to adapt. By proactively addressing these challenges, the task force aims to pave the way for responsible AI integration. 🌟 👥 Composition: The task force will consist of legal experts, technologists, and representatives from various stakeholders, including the public. 👩‍⚖️👨‍💻👥 🗓️ Timeline: The task force will convene in June 2024 and is expected to deliver its recommendations by the end of the year. 📅 Stay tuned for further updates as the task force embarks on this critical mission! 🚀 https://ow.ly/RxgT50RNKAI

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Judicial Council of California 📰 News Release: Chief Justice Establishes Task Force on AI in California Courts In a groundbreaking move, the Chief Justice has announced the formation of a task force dedicated to exploring the use of generative AI within the California courts. The task force aims to strike a delicate balance between technological advancement and safeguarding public trust. 🤖🔍 🔍 Key Objectives: Preserving Public Trust: The task force will closely examine how AI can enhance court processes while maintaining public confidence in the judicial system. 🏛️ Accountability and Transparency: Ensuring that AI decisions are transparent, accountable, and free from bias will be a top priority. 👀 Privacy Protection: The task force will address privacy concerns related to AI-generated content and data handling. 🔒 🌐 Impact: As AI technologies continue to evolve, the California courts recognize the need to adapt. By proactively addressing these challenges, the task force aims to pave the way for responsible AI integration. 🌟 👥 Composition: The task force will consist of legal experts, technologists, and representatives from various stakeholders, including the public. 👩‍⚖️👨‍💻👥 🗓️ Timeline: The task force will convene in June 2024 and is expected to deliver its recommendations by the end of the year. 📅 Stay tuned for further updates as the task force embarks on this critical mission! 🚀 https://ow.ly/RxgT50RNKAI

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The Massachusetts Attorney General released guidance on AI developers, suppliers, and users' obligations under Massachusetts consumer protection, anti-discrimination, and data security laws. Nothing earth-shattering in the advisory notice and another example of how existing laws are being used to regulate AI. The advisory presents the below non-exhaustive list of acts and practices that may be considered to be unfair and deceptive under the Massachusetts Consumer Protection Act: - Falsely advertising the quality, value, or usability of AI systems - Supplying an AI system that is defective, unusable, or impractical for the purpose advertised - Misrepresenting the reliability, manner of performance, safety, or condition of an AI system - Offering for sale or use an AI system in breach of warranty, in that the system is not fit for the ordinary purposes for which such systems are used, or that is unfit for the specific purpose for which it is sold where the supplier knows of such purpose - Misrepresenting audio or video content of a person for the purpose of deceiving another to engage in a business transaction or supply personal information as if to a trusted business partner as in the case of deepfakes, voice cloning, or chatbots used to engage in fraud  - Failing to comply with Massachusetts statutes, rules, regulations or laws, meant for the protection of the public’s health, safety or welfare 

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I’m joining a great panel this Weds to talk about how AI has impacted IP, and what it means for companies looking to innovate. Hope you can join us for a great conversation!

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Is generative AI doomed? I attended a discussion led by Professor Eric Goldman, Director of the High Tech Law Institute at Santa Clara University.  Eric is also a former Cooley Associate in Tech Transactions. Eric gave us his take on the similarities and differences between how the Internet and Generative AI were received.  He believes that we are at the beginning of a “regulatory tsunami” to put governance around AI. His belief is that AI may displace workers and will have emotional and business consequences at levels never before seen.  On the other hand, he believes that AI creates new opportunities for creativity and opens opportunities to a broader scope of users. Eric listed that in the 1st 38 days of 2024, over 400 bills for AI regulation were submitted.  By contrast, when the internet was starting out, there were little to no regulations submitted.  This is a huge dichotomy where regulators are intervening and hitting hard early in the life cycle of AI.  It will not enjoy the same “honeymoon” period that the internet got. Eric called out 3 types of regulations: 1 - the “stupid” regulation.  Where people are throwing out regulations without understanding the product, or the potential ramifications if passed 2 - the “sensorial” regulation - regulating AI outputs based on how they make people feel.  Regulating sensorial AI involves addressing ethical and regulatory considerations related to privacy, data security, bias mitigation, and societal impact 3 - the “partisan” regulation - this one is used to advance partisan agendas and used to try and block or advance the regulation based solely on one's political position How do you see the future of generative AI?  Doomed or the sky's the limit?

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⚠Don't miss the "Bay Area Legal Hackers Happy Hour," where legal pros and tech enthusiasts delve into law and generative AI. This informal event encourages networking, sharing AI prompts, and discussing AI's practical legal applications. Enjoy creative discussions and lightning round flash talks in a rotating Bay Area venue, fostering legal tech innovation. Check out more in this post by Dazza Greenwood to learn more. 🔔Follow our page Start With WCPGW for updates! #LegalTech #AIinLaw #startwithwcpgw #wcpgw #infosec #security #hardwaresecurity #semiconductor #chip #dataprotection |

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On July 2, 2024, the California State Assembly Judiciary Committee passed SB-1047, following its passage by the Senate on May 21, 2024. The bill aims to curtail the risk of novel threats to public safety and security that lie beyond our current AI landscape and follow in the footsteps of Colorado’s SB205, widely considered the first comprehensive AI legislation in the United States. #AI #California #Security

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American Privacy Rights Act: Key Lawmakers Reach Compromise on Bipartisan, Bicameral Comprehensive Data Privacy Legislation - Rhoades McKee https://cstu.io/39ac5b #AmericanPrivacyRightsAct #DataPrivacyLegislation #ComprehensivePrivacyLaw #DataSecurity #PrivacyRights #PrivacyLegislation #DigitalPrivacy

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Is your workplace violence program ready for the new California law (SB 553) taking effect July 1st, 2024? This trendsetting legislation points towards a standard approach for insider threat and workplace violence programs in the corporate sector. #insiderrisk #hr #risk #insiderthreat #workplaceviolence #legislation https://bit.ly/3KN6KhG

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You know what they say about best laid plans. Even the most robust child custody arrangements can get thrown into disarray when either you or your co-parent wants to move to another city. In move-away custody disputes, it’s critical for you to get an experienced California lawyer to navigate the law – whether you’re the one moving or staying. Still, a good lawyer knows it takes a village. That village includes the support of other professionals and resources to help you through the move-away process, including: – Attorneys trained in mediation and other collaborative techniques, – Family therapists and child psychologists for emotional support throughout the process as well as expert testimony on the best interests of your child, – Parenting coordinators to oversee new custody arrangements, and – Financial advisors to set up your budget for stability after the move. While a move can be stressful when you share custody, you have legal options. Contact the knowledgeable team at Moradi Saslaw to get started. #moveaway #childcustody #familylaw #californialaw

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Let's continue our #abstract series, giving a glimpse of our newest issue (n° 1/2024). We get now into the case-law contributions. Muki Barkan, Law student at University of California, Berkeley, has written "Balancing the Scales: How the Three Tier System Stands Against the Commerce Clause". "The note examines the cases making up the background to the commented case-law as well as the potential legal consequences for the three-tier system. It takes an especially close look at the U.S. Supreme Court as well as parallel U.S. Circuit Court precedent and lays out the current, contradictory federal regulatory landscape that results. Finally, it reviews the strong dissent written by Justice Wilkinson and how other courts seem to be treating this decision in their citations." Keywords: #barrierstotrade #conflictoflaws #federalism #USA Subscribe Jus Vini here: https://lnkd.in/ejGxb8XS Theodore Georgopoulos Domenico CAVALLO Guillaume Moreno Tracy Genesen John Trinidad Michael Mercurio UBC Okanagan Wine Institute FIVS Bennett Caplan Laurel Parker, J.D. Marc Sorini Beth Hatef Jennifer Niesen Dickenson Peatman & Fogarty Peter Brody Robert M. Tobiassen

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We've had hundreds of comments about how difficult it is to prosecute crime in California. What tips can we take from people who have successfully prosecuted ORC? This is from our ORC panel at NRF last week with Frank Patercity, CPP® and Eric Sterbis speaking. #nrf #nrf2024 #california #californiacrime #liveviewtechnologies #lvt #security #securityconference #orc #organizedretailcrime #APLP #assetprotection

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The talented team at Relativity including Jill Ragan, Esq., RCA and Jeff Gilles hosted a very insightful webinar on "AI Advantage: Aiming for Prompt Perfection? Level up with aiR for Review," that included Jim Calvert from Troutman Pepper eMerge LLC and Nick Cole from Foley & Lardner LLP!! It was exciting to see how aiR for Review, is transforming the legal industry by utilizing generative AI to enhance document review, prioritizing critical information, and revealing valuable insights. Crafting precise prompt criteria is crucial for optimizing efficiency and enabling teams to focus on more strategic tasks. Jeff and Jill effectively highlighted that human involvement is crucial for creating prompt criteria and emphasized how the grammar skills you learned in high school are essential for effective communication and productive utilization of AI solutions!! Benjamin Sexton drafted a very helpful article "Relativity aiR for Review: 6 Tips for Better Prompting," which is definitely worth reviewing! https://lnkd.in/gQSckDhK. There's definitely something exciting in the aiR! https://lnkd.in/gpuPRTkF

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Will we finally get a comprehensive federal data privacy law?! Sen. Maria Cantwell, D-Wash., and Rep. Cathy McMorris Rodgers, R-Wash., have introduced the American Privacy Rights Act (APRA), amidst growing concerns over the complexity of state privacy laws. The APRA would replace the current patchwork of state laws, ideally providing uniformity across all 50 states. If only. Key points include: -Coverage: The APRA would apply to entities under FTC jurisdiction, nonprofits, and common carriers. -Enforcement: It introduces a private right of action for individuals, statutory damages for biometric data violations, and grants enforcement authority to the FTC and state AGs. -Compliance Obligations: Focuses on data minimization, algorithm evaluations, consequential decision notices, and data subject rights, with strict rules for biometric data processing. Also provides opt-out rights w/r/t certain data transfers and targeted advertising. -Impact: Extensive obligations for AI and biometric tech users, potential relief from state law complexities, but faces challenges in Congress due to preemption concerns. Foster Garvey PC

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I appreciate the #OregonAG office providing some more guidance ahead of July 1 effective date of the #OCPA. Note: The requirement to provide a list of specific 3rd parties to which the business has disclosed their personal data is only in response to request. The list is not required to be included in a public privacy notice/policy. This clarifies somewhat conflicting statutory language in the Notice requirements in §5(4)(e) of the OCPA. The AG's #FAQ: What level of detail is required in a privacy notice? What information must be included regarding personal data shared with third parties? Privacy notices should be written in clear, straightforward language geared towards consumers. ORS 646A.578(4) describes all topics that should be contained in a controller’s privacy notice. If a controller shares personal data with third parties, the privacy notice must list all categories of personal data, including the categories of sensitive data, that are shared. The law also requires that the privacy notice state the categories of third parties data is shared with. There should be enough detail to give consumers a meaningful understanding of the types of businesses, or processing expected, but not so much as to render the privacy notice unclear/unreadable. For example, categories of Third Parties described in a sufficiently granular level of detail include, but are not limited to: “analytics companies,” “data brokers,” “third-party advertisers,” “payment processors,” “lenders,” “other merchants,” and “government agencies.” Link to FAQs: https://lnkd.in/e8TgXhCN #OCPA #Privacy #ComprehensiveStatePrivacyLaw #PrivacyCompliance #PrivacyNotice #PrivacyProgram SafeGuard Privacy Wayne Matus Michael Simon, CIPP-US/E, CIPM Susan Myers Richy Glassberg Cem Gokhan Matt Anderson Rachel Walkden Daniel Cox Jason Heki ☁️ Marc Goldberg

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Be sure to check out the latest episode of Sactown Talks with Rebecca Bauer-Kahan. We have a great discussion where she leads us through the complexities of regulating Artificial Intelligence and the steps California is taking to protect privacy and innovation! https://lnkd.in/g7dr5QSR #ai #artificalintelligence #caleg #regulation

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