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Legal Issues in Reconciling Data Protection, AI, and Cybersecurity under EU Law
No full textThis Paper focuses on certain legal responsibilities under European Union (“EU”) law for companies that provide cybersecurity services, by examining the intersection of data protection (privacy), cybersecurity, and artificial intelligence (“AI”). This Paper explores these issues in the context of a hypothetical cybersecurity company known as “ACME Cyber Sentinel” providing services to a hypothetical client named “TechGuard.” In four scenarios, this Paper explores ACME Cyber Sentinel: (1) providing cybersecurity service to TechGuard; (2) gathering and processing data from multiple clients to analyze potential cybersecurity threats; (3) training, evaluating, and deploying AI cybersecurity tools; and (4) using these AI cybersecurity tools to provide the cybersecurity services to TechGuard. Each of these scenarios includes two variations. The first variation examines when the two companies are both based in the EU, with no processing taking place outside the EU; the second variation envisions that ACME Cyber Sentinel is based outside of the EU, so that data flows to a different jurisdiction. This Paper also analyzes legal principles from the EU General Data Protection Regulation (“GDPR”) and EU regulation establishing harmonized rules on AI (“EU AI Act”) in the context of the main purposes for which cybersecurity companies use personal data—to provide cybersecurity services to protect the personal data of the client company and to maintain state-of-the-art cybersecurity services and tools (such as identifying new cybersecurity threats or training the algorithms used in these cybersecurity tools). This Paper concludes with the finding that EU-based businesses can enter into contracts with cybersecurity companies to protect EU data with state-of-the-art cybersecurity services and tools, but it is more difficult to locate a lawful basis for using EU data to identify new cybersecurity threats or to train new machine learning, AI and other cybersecurity tools. To conclude, it is clear that further clarification from EU decisionmakers would help define whether and how access to personal data will be lawful for cybersecurity purposes
Life, Liberty, and the Pursuit of Artificial Intelligence
No full textWith governmental use of artificial intelligence (“AI”) becoming more prevalent, Americans are at risk of being subjected to the factual and legal findings of ill-equipped AI systems. The possibility of an AI takeover of the judicial branch is an undesirable reality to some individuals who are challenging laws and government programs which utilize AI systems to enforce traffic code violations. This Article considers the procedural fairness, privacy rights, and effectiveness of the various uses of AI systems in traffic code enforcement. By undertaking a thorough review of New York case law, this Article also analyzes the treatment of AI systems in different modes of traffic code enforcement. Based on the current trend of the United States Supreme Court to consult the views of the Founding Fathers on controversial matters of nationwide importance, this Article further considers the ethical, moral, and legal aspects of having an AI-controlled adjudicator as understood by the constitutional framers. Ultimately, this Article concludes by finding that the New York school bus stop-arm camera safety program (Vehicle Traffic Law (“VTL”) § 1174-a) is constitutional and passes muster under rational basis review, and that the framers would not likely endorse the prevalent use of AI within the judicial branch
Healthy Rivers are Critical forColorado\u27s Water ResourcesResilience: How Colorado Water Law Needs to Evolve to Protect Our Natural Stream Systems
No full textOver the past 200 years, the large majority of Colorado\u27s rivers have been altered to make way for development, agriculture, or transportation, or to deliver water to users more efficiently. Rivers have been buried by mining debris or concrete, channelized, levied, wholly diverted, riparian vegetation lost by grazing or land use practices, and thousands of miles of streams have become incised, disconnected from their foodplains. Numerous scientific studies over the past twenty years have documented why degraded rivers are problematic and why healthy functioning river systems connected to their foodplains provide numerous critical services beyond water delivery, including increased protection for Colorado communities through reduced risk of impacts from drought, wildfires and foods, improved water quality by filtering sediments and other pollutants, increased habitat in streams and riparian areas, and increased resiliency for the State\u27s water resources. Fortunately, many case studies are also showing how we can restore our degraded streams to regain these incredible benefits
Finding and Thriving with Mentors: Soft Skills for Early Career Success
No full texthttps://scholarship.law.wm.edu/ibrlposters/1032/thumbnail.jp
The Fate of \u27Essential Religious Practices\u27 in India\u27s Constitutional Courts
No full textIt has been nearly seven decades since the Indian Supreme Court laid down the “essential religious practices” test to determine which religious practices are granted constitutional protection against state regulation. This article surveys the forty-three cases in which the essentiality plea has been raised since its formulation in 1954 until August 2022. Although the essentiality plea has a staggeringly high failure rate of 84 percent before India\u27s constitutional courts, judicial decisions show a shift in legal rationale. The article shows that many of these decisions invariably reflected the socioreligious context of their time. An increase in anti-Muslim religious polarization meant that the fate of the essentiality plea differed depending on the religion of litigants. This judicial treatment of cases stands in stark contrast to the cases decided during the initial decades of the Constitution, when the government was avowedly secular
Brazil’s Role in Global Climate Treaties
No full textSince the 1992 United Nations Conference on Environment and Development, Brazil has asserted an influential role in shaping international climate change treaties. The purpose of this paper is to assess Brazil’s contributions in three major climate conferences: 1992 in Rio de Janeiro, 1997 in Kyoto, and 2015 in Paris. Brazil’s negotiating strategy at these conferences reveal two powerful tactics. First, Brazil approached these political events with a view that science and technology were paramount. Second, Brazil successfully injected economic development priorities into environmentally focused negotiations. These two noteworthy tactics have shaped the climate change diplomatic discourse for the past three decades and will continue to influence future diplomatic agreements on climate change
A Guide for United States Firms on Maintaining the Protection and Enforcement of Trademarks and Copyrights in Mexico
No full textIntellectual property (IP) is a critical asset for many businesses. Understanding the laws governing IP is especially important in international markets, where US based businesses may face additional challenges in enforcing their rights. Targeted at business professionals, this paper details how U.S. firms can achieve strong IP protection and reduce risks associated with infringement and unauthorized use in Mexico. First, it will offer a basic overview of Intellectual Property and what may be protected under U.S. law. Then, offer an outline of the legal frameworks involved and best practices essential for safeguarding trademarks and copyrights in the Mexican market, as well as potential challenges
