We’re going on an AI hunt, we’re going to catch a big one. New continuous topic alert. Artificial intelligence has surpassed data protection as of in itself and it’s now very evident. Berry Picks in IT Law is going strong – what a beautiful day, we’re not scared! The weekly briefings now feature an AI in the wild segment, if you are as keen as the bear hunt children and scroll down to the very bottom.
🤖 Artificial Intelligence
Following the Italian Data Protection Authority’s (“GPDP”) high profile decision and subsequent debates, the European Data Protection Board (“EDPB”) resolved to launch a dedicated task force to facilitate cooperation and share intel on potential enforcement activities by data protection authorities regarding ChatGPT. Does this mean we shouldn’t get used to ChatGPT, too late? Watch this space.
The OECD published a paper discussing the technological, socio-economic and policy consideration of AI language models. The paper explains that AI language models have the potential to transform industries and improve people’s lives. -But also pose significant risks related to transparency, accountability, bias, and misuse. The document highlights the need for quality control, standards, and policy frameworks to ensure trustworthy deployment and use of such models. It also examines the risks associated with human rights, privacy, fairness, robustness, security, and safety, as well as the economic and societal implications of the automation of tasks previously conducted by people. The report calls for international, interdisciplinary, and multi-stakeholder cooperation to mitigate risks and foster the beneficial development and adoption of AI language models.
🎩 Competition
The Korea Fair Trade Commission (“KFTC”) fined Google 42.1 billion won ($31.88 million) for blocking the release of mobile video games on a competitor’s platform. According to the KFTC, Google solidified its market dominance and damaged local app market One Store’s revenue and value as a platform. Google is said to have required video game makers to release their titles exclusively on Google Play in exchange for providing in-app exposure between June 2016 and April 2018.
The US Federal Trade Commission approved the final order against The Bountiful Company in first case alleging hijacking of online product reviews. The dietary supplements manufacturer company was found to be using fake Amazon reviews to deceive customers. The order requires the company to pay $50 million in damages, deliver a copy of the order to all its employees, and maintain accurate records for 10 years. The company must also submit compliance reports to the FTC, and allow the FTC to inspect its records and interview employees. As Pinocchio and The Bountiful Company learned the hard way, “a lie keeps growing and growing until it’s as plain as the nose on your face.“
🔏 Data Protection & Privacy
The UK’s Information Commissioner’s Office (“ICO”) fined an online recruitment company £130,000 for sending spam emails targeting jobseekers. The company was found to have sent a whopping 107 million spam emails to 437,324 people over a year – that’s roughly 244 per person! And, of course, without the proper consent as per the Privacy and Electronic Communications Regulations 2003. It seems companies will be companies is now official.
The EDPB published its guide for exercising data subjects’ rights in the Schengen Information System. The guide lays out what the Schengen Information System is, which information and categories of data are processed in the system, and how rights can be exercised. Need to know how to exercise your rights of access, rectification and erasure in a certain Schengen country? There’s a guide for that! One-stop-shop all the way.
South Korea’s top court issued its decision on Google’s sharing of local users’ privacy data. The Court declared that Google must disclose whether it shared local user information with third parties. The Court’s decision based on the fact that users have a right to view and provide their personal information under the Information and Communication Network Act. The court also stated that foreign laws alone cannot be considered legitimate reasons to withhold information and that the non-disclosure obligation under the relevant foreign law must conform to the Constitution and laws of the Republic of Korea.
🛒 E-Commerce & Digital Consumer
The European Parliament has published a new e-waste statistics infographic, which reveals that e-waste is a rapidly expanding waste stream in the EU, with less than 40% being recycled. To combat this issue, the EU is reportedly taking steps such as creating the right to repair, improving reusability, introducing a common charger, and establishing a rewards system. New policies loading, I’ll keep a tab here, so you won’t have to.
🐆 AI in the Wild
In a rather astonishing turn of events, an artificial intelligence-generated image took home the first prize at one of the world’s most prestigious photography competitions: the World Photography Organization’s Sony World Photography Awards. The Electrician was submitted by “photomedia artist” Boris Eldagsen who declined to accept the prize and explained that the whole thing had been an experiment and effort to accelerate the conversation about this subject. The image has also since been removed from the competition website.
📄 Recommended Readings
Here’s a brief, yet dashing list –in no particular order– of recent publications that piqued my interest this week.
The Predilection for Contract in Governing Digital Networks: Micro-Management’s Face Off with Accountability by Lee A. Bygrave
Privatizing Copyright by Xiyin Tang
*Disclaimer: I am in no way affiliated with the authors or publishers in sharing these, and do not necessarily agree with the views contained within. I try to include mostly open access publications due to, well you know, accessibility of knowledge and science.
So there you have it, folks – another week in the fascinating realm of IT Law. Remember to pop back next week for your latest dose of legal updates, served with a twist. Cheerio!
If you have any thoughts or suggestions on how to make this digest even more enjoyable, feel free to drop a line. Your feedback is always welcome!
Featured image generated using Midjourney.
