Lawyer Ex Machina: Exam Time is out - with lots about how judges are taking to the use of GenAI for legal research ... #lawfedi #lawlibrarians #legaltech #DataPrivacy https://buttondown.email/LawyerExMachina/archive/lawyer-ex-machina-exam-time/
I don't use Plex, but I sure am surprised there haven't been a ton of actions against them for privacy violations. The VPPA, 18 U.S.C. §§ 2710(a)(4), has a private right of action and statutory damages of $2500 per infraction. The statute establishes a right that doesn't appear to be waivable, either, so all the discussion with opt in or opt out is a very different discussion than other privacy rights.
I guess the interesting question is who is doing the disclosing. Is it the people who operate the servers or is it the company?
This is why Netflix doesn't do friends lists. They tried it briefly many years ago, but got their fingers slapped, so stopped. Whoever came up with this "feature" doesn't know the video industry.
#Plex #privacy #lawfedi
We do a lot of things here at #AlysonClaireLaw, but one of our growing practice areas is third-party workplace investigations. (In fact, I'm a member of the Association of Workplace Investigators.) These investigations can range from almost anything that occurs in the workplace including complaints of sexual harassment, racial discrimination, bullying, or breaching company policies.
"An attorney for the United States government contended CIA-backed contractors had not violated the privacy rights when they allegedly opened the physical structure of cellphones belonging to Americans, who visited #WikiLeaks founder Julian #Assange in the Ecuador embassy in London.
“There are several cases,” U.S. Attorney Jean-David Barnea argued, “that say that by giving your phone to someone else, you have relinquished your expectation of #privacy.”
The assertion was made during a remarkable hearing in the U.S. District Court for the Southern District of New York on November 16. The hearing involved argument over a motion to dismiss a lawsuit against the CIA and former CIA director Mike Pompeo for their alleged role in spying on Assange visitors that were Americans."
Memory of a Braid
Winner of the 2023 Ross Writing Contest for Legal Short Fiction
Steve Vladeck and Bobby Chesney’s analysis on the Laws of War in the context of the Israeli-Hamas conflict is exactly what everyone needs to hear right now.
Even me, as I try to keep in mind the nuance, gray areas, and fog of war’s effect on the analysis.
Issues are conflated in the complexity and smart minds disagree on even fundamental rules and analyses.
This will come back to haunt the legal system in ways people have not imagined yet. The LSO needs to reign #Toronto lawyers in from problematic op-eds. The SOP business did not embarrass everyone enough?
“Using new technology to break the law does not make you a disruptor. It makes you a criminal.”
This week I wrote about a more niche subject, but one that comes up frequently in my practice -- electronic sales suppression.
HMRC has begun a crackdown on ESS devices in the UK and has adopted an incredibly broad, unworkable definition of same:
"An ESS tool is a piece of software, computer code script or hardware. It allows a business to hide or reduce the value of individual transactions on its electronic sales records.”
Excel would qualify.
I have been called for jury duty tomorrow. It's my civic duty, so I'll of course go, but it'd be an understatement to say it's not my *favorite* way to pass the day (or days).👩⚖️ ⚖️ #LawFedi
I am going to stand in my position, that has been my position from the beginning, in support of the integrity and enforcement of International Law. #lawfedi
If you practice law and cheer on people breaking international law, does that not bring the legal system into disrepute? How do you break that down for clients? Or if you are a prosecutor, does the accused feel there is fairness?
Soooo much one could say about this @allafarce experiment. Critical one: the tools are going to be available, and public policy folks are going to have to adjust one way or the other.
In this Week in Insights, I vainly attempt to wave the yellow flag (I'm made to understand this means caution) on the coming April 2024 #electricvehicle tax credit cliff.
"The landscape is shifting once more for electric vehicle incentives. We’ve been sounding the alarm on this for more than a year, and now the deadline is upon us—on April 18, 2024, only a handful of EVs will still qualify for the full $7,500 federal EV tax credit.”
Thanksgiving 2023 - Abraham Lincoln Pardons a Turkey and the #Thanksgiving Proclamation
An introduction to Lincoln's Thanksgiving Proclamation and a brief contextualizing of Old Abe's unwillingness to kill a turkey.
#LegalEthics Tidbit: What is a legal turkey?
The AK Judicial Discipline Commission suspended a judge for interfering with proceedings by the AR Game and Fish Commission to prosecute turkey hunting violations. Among other things, he called a judge presiding over cases, encouraged an official to make a case “go away,” and gave the defendants' counsel legal advice behind the scenes. #LegalEthics
Lawyer Ex Machina #61 is out early because there's no Thursday this week ... #legalAI #lawfedi #lawlibrarians https://buttondown.email/LawyerExMachina/archive/lawyer-ex-machina-61-the-early-thanksgiving-ed/
If it walks like a corrupt judge and quacks like a corrupt judge, my presumption is they are a corrupt judge.
They can rebut the presumption, but Judge Cannon has not.
I see her helping someone who appointed her get off with crimes which constitute the most serious breach of national security in our history.
I welcome her to disabuse me of that notion, because everything she does is what you’d expect from a corrupt judge.
#LegalEthics Tidbit: Can you be a part time judge in one district & a prosecutor in the next district over?
Yes in CO. An attorney was a part time judge in District A & part time prosecutor in District B. Another judge in District B expressed concern because the attorney had access to the state-wide judge listserv. The CO Supr. Ct. blessed the part timer’s arrangement, provided he does not use nonpublic judicial info in his prosecutorial work.
While the Supreme Court pretends they are merely applying historical tests to decide the permissibility of gun control laws, the gun industry uses a historically unprecedented combination of marketing methods, protections from civil liability, and finance tools to push hyper-lethal guns, ammunition, and accessories into the civilian market. Here’s good coverage of how one company did this with the Bushmaster AR-15. https://www.propublica.org/article/how-bushmaster-made-ar-15-into-best-selling-rifle-us @ProPublica #GunViolence #LawFedi #Bruen
Of interest to people who don't want their creative labours or childhood favourites binned for tax purposes. Article dense but interesting.
@andrew - “... the practice of movie and television write-downs represents a troubling exploitation of taxpayer funds... nickel.. pulled from your pocket...directly into the bank accounts of movie studios.”
I had occasion to talk about this in class the other day, and its one of those stories I frequently forget the details of.
The extent to which the #telecommunications landscape re-congealed to nearly pre-1982 #ATT breakup levels by the early 2000s is a pretty compelling argument for the need for ongoing #antitrust enforcement.
“When intertwined with public funding through state and federal tax incentives, the practice of movie and television write-downs represents a troubling exploitation of taxpayer funds. Coupled with rapidly expanding state tax incentives, it represents a multibillion-dollar Rube Goldberg machine that culminates in a nickel being pulled from your pocket, strapped to an Acme rocket, and fired directly into the bank accounts of movie studios.”
Hey #lawfedi - here is the X lawsuit against media matters - curious what you see:
cc: @Teri_Kanefield and others?
Earlier this month Michelle Hanlon posted on LinkedIn about a recently proposed piece of United States space legislation, the Commercial Space Act of 2023. Right now this bill has been referred to the House Committee on Science, Space, and Technology and hasn’t made it to a vote yet, but Michelle’s post sparked a ton of comments and discussion within the #spacelaw community.
You know what's really frustrating about writing a dissertation on legal protections for biodiversity? Reading sensible proposals on how to get there written by clever and concerned people years before my birth and realizing that none of them have been implemented.
I'm really glad for the years I spent in the foreign service, learning how to politely phrase my frustration. Otherwise, my defensio would be one long, ear-splitting scream of helpless rage.
As long as I'm prattling on about Lincoln -- I've always been a big fan of the address but found his 2nd Inaugural more moving and impactful:
"Yet, if God wills that it continue until all the wealth piled by the bondsman's 250 of unrequited toil shall be sunk and until every drop of blood drawn with the lash shall be paid by another drawn with the sword as was said three thousand years ago so still it must be said 'the judgments of the Lord are true and righteous altogether.’”
#Lincoln may have based the address on Pericle's Funeral Oration, which has some similarities. But, just as with the battle and battlefield, Lincoln's address has proved more enduring -- at least over the last 160 years.
Immediately upon sitting down, Lincoln was said to have commented to a friend that the speech was a flop -- "that speech won't scour."
He was wrong.
He wasn't the main speaker that day, Edward Everett was. He spoke for 2 hours about the significance of the battle. Lincoln's address was only 10 sentences and he delivered it so quickly there are no photographs of him speaking.
Interestingly, the speech itself speaks to the insignificance of anything he could say that day.
This week for Insights I wrote about the new "junk food law" in #Colombia that carries with it an interesting ultra-processed food tax. The goal is to use the revenue generated by said tax to subsidize healthier options. The #VAT system means it would result in the prices on healthy options *at the shelf* being lower. Pretty cool.
It will target ultra-processed foods with an additional 10% surcharge, which will increase to 20% in ’25.
#LegalEthics Tidbit: If one client shoots at another, you should probably stay out of it
An AZ lawyer's client had loaned money to another of his clients. The lender client tried to repossess the car of the borrower, who pulled out an AR-15 (for which he spent some time in jail). Civil litigation ensued. The lawyer helped bail out borrower client & worked with him to strategize a civil lawsuit against lender client. 4 yr. susp. for this & other misconduct.
Let's all support the REI union, which is suing the "coop" owners for violations of labor law.
The union wants publicity about this for now.
Many boosts, thank you! Editing to add a link to the union statement:
Edit 2: You can sign the union's "solidarity pledge" here: https://actionnetwork.org/petitions/i-pledge-to-stand-in-solidarity-with-rei-union/
and read more about the union at https://www.ourrei.com/
It’s almost 2024, which means it is time to start gearing up to get in compliance with all the new employment laws that are dropping in California.
One of the big changes that caught our eye is the new Paid Sick Leave, or PSL, rules. Starting January 1, 2024, the minimum amount of PSL for all California employees (who work 30 or more days with the same employer over the course of a year) is nearly doubling.
Photo by Sigmund on Unsplash.
A legal brief on the definition of “double spacing”, with not-so-gratuitous swipes at Microsoft Word, is total catnip to me. https://matthewbutterick.com/pdf/jones-line-spacing-motion.pdf
#UKSupremeCourt is unanimous that the #Rwanda scheme is unlawful because Rwanda cannot currently be trusted not to return asylum seekers to a country where their life or freedom will be threatened (non-refoulement).
It is also clear that this is based on international treaties including the 1967 Refugee Convention, the 1984 Torture Convention, the ICCPR, the ECHR , as well as several pieces of domestic law including but not limited to the HRA.
"On November 14th, in the context of legal history, the story of Ruby Bridges stands out as a pivotal moment in the civil rights movement, particularly in the desegregation of American schools. Born on September 8, 1954, … Ruby Bridges became a symbol of the civil rights movement … when she became the first African American child to integrate an all-white elementary school in the South, specifically William Frantz Elementary School in New Orleans.”
Tues 11/14 - SCOTUS "Code" "of" "Ethics," Special Counsel Says Trump Wants a Carnival, BK Judge Ethics Fallout, NYC Real Estate Brokerage Sued and Amazon <3s Casino Apps
#SCOTUS adopts a nonbinding, voluntary, code of ethics, Special counsel says #Trump is trying to start a carnival in court, more bankruptcy judge ethics fallout, #NYC real estate brokerages and #Amazon sued.