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Privacy Aspects of Direct-to-Consumer Artificial Intelligence/Machine Learning Health Apps
No full textDirect-To-Consumer Artificial Intelligence/Machine Learning health apps (DTC AI/ML health apps) are increasingly being made available for download in app stores. However, such apps raise challenges, one of which is providing adequate protection of consumers\u27 privacy. This article analyzes the privacy aspects of DTC AI/ML health apps and suggests how consumers\u27 privacy could be better protected in the United States. In particular, it discusses the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Federal Trade Commission (FTC) Act, the FTC\u27s Health Breach Notification Rule, the California Consumer Privacy Act of 2018, the California Privacy Rights Act of 2020, the Virginia Consumer Data Protection Act, the Colorado Privacy Act, and the EU General Data Protection Regulation (2016/679 – GDPR). This article concludes that much more work is needed to adequately protect the privacy of consumers using DTC AI/ML health apps. For example, while the FTC\u27s recent actions to protect consumers using DTC AI/ML health apps are laudable, consumer literacy needs to be much more promoted. Even if HIPAA is not updated, a U.S. federal privacy law that offers a high level of data protection—similar to the EU GDPR—could close many of HIPAA\u27s loopholes and ensure that American consumers\u27 data collected via DTC AI/ML health apps are better protected
When Is a Change Significant? The Update Problem of Apps in Medical and Behavioral Research
No full textDigital applications (apps) are commonly used across the research ecosystem. While apps are frequently updated in the course of clinical and behavioral research, there is limited guidance as to when an app update should trigger action related to human research participant protections and who should be responsible for monitoring and reviewing these updates. We term this the “update problem” and argue that, while it is the principal investigator\u27s duty to track all relevant updates, the level of involvement and re-review by the institutional review board (IRB) of an approved research protocol should vary depending on whether the update may be classified as minor, not minor, or significant. Minor updates require at most annual notification of the IRB, updates that are not minor require prompt notification of the IRB, and significant updates may require full board re-review or another response. We also suggest how these policies might be implemented
De-Gentrified Black Genius: Blockchain, Copyright, and the Disintermediation of Creativity
No full textIn a 2016 acceptance speech during the Black Entertainment Television (BET) Awards, actor and activist Jesse Williams used the phrase “gentrifying our genius” to refer to the insidious process of misappropriating the cultural and artistic productions of Black creators, inventors, and innovators. In that speech, he poignantly and unapologetically condemned racial discrimination and cultural misappropriation. This Article chronicles the nefarious history of the creative disempowerment of creators of color and then imagines an empowering future for those who successfully exploit their creations by fully leveraging copyright ownership and transfer termination. To that end, I reference the considerable scholarship of Professor K.J. Greene, which explores and challenges cultural misappropriation of Black musicians and composers, and build upon my own scholarship that explores the copyright transfer termination right as a potential legal tool for social and economic justice for creatives of color. I also reference an empirical study titled U.S. Copyright Termination Notices 1977–2020: Introducing New Datasets, to explore data and extrapolations regarding likely impacts of § 203 terminations since 2013. In this Article, I explore the paths of artists who leveraged opportunity through assignments and licenses and, later, artists who exercised their termination rights to secure a better deal with the original transferee, terminated and entered into contracts with other transferees, or went it alone and exploited their copyrights on their own. The termination right clearly benefits all copyright creators; however, members of marginalized and disenfranchised communities may stand to benefit even more from the second bite of the copyright apple. I assert that utilizing blockchain’s decentralized technology, smart contracts, and non-fungible token standards can better protect Black artists against disenfranchisement at the hands of a codified system of intentional friction to discourage or deny the reclamation of rights. Accordingly, in Part II, I examine the history in America and throughout the African diaspora of cultural misappropriation and critique the gentrification of Black creative genius. I explore gentrification as it is applied more broadly to real property and then discuss its application to intellectual property, generally, and copyright specifically. In Part III, I discuss the subject matter of copyright protection and the nature and mechanics of the transfer termination right. Specifically, I examine the history, purpose, and congressional intent of the right, as well as the method and the complexities of timing of notice and termination. In Part IV, I examine the pre-window fervor and speculation of stakeholder commentators around the likely impact of § 203 terminations prior to 2013. I examine the actual impact since 2013 and a forecast of likely trends, as described in the termination notices study, written by Joshua Yuvaraj, Rebecca Giblin, Daniel Russo-Batterham & Genevieve Grant. Finally, in Part V, I discuss the role that blockchain technology, smart contract code, and non-fungible token standards could play in automating codified protections. Removing the educational and legalistic barriers to exercising one’s termination rights and automating the transfer termination process could ensure that all artists have actual—not theoretical—rights, especially disenfranchised creatives victimized first by powerful industry intermediaries and then by the copyright regime created by those same industry stakeholders (and blessed by Congress) to protect industry, rather than creator, interests
Backward Design
No full textIn this session we will introduce new instructors to an instructional design framework that they can use to structure courses, plan lessons, and engage in best practices for teaching. Backward design is an established pedagogical framework for developing lessons that prioritize essential learning objectives and measure student understanding. Together we will explore the creation and use of learning objectives, formative assessment, and lesson planning to foster an environment where students learn effectively and instructors can continually assess their teaching practices. Join us for this interactive workshop on adapting teaching using backward design
