While we’ve devoted ample time to discussing areas of potential concern regarding the application of algorithms—and algorithm bias in particular—it’s also a good time to remember algorithmic technology is poised to make our lives better, often in ways we’ll never know about.
Just before Thanksgiving, Dave Chappelle posted to his Instagram account an 18-minute stand-up set titled “Unforgiven.” As expected, Chappelle’s fans ate it up, and the original video has been viewed more than six million times in the two weeks since its posting. Chappelle opens the set sharing stories and lessons learned from his start in comedy at the age of 14 before turning to a very public airing of grievances with Viacom over the streaming rights to the early-2000s Comedy Central hit Chappelle’s Show, which Viacom owns and had recently started streaming on both HBO Max and Netflix.
One of the biggest obstacles self-driving cars have to get around is the one between our ears. Even as these vehicles are hitting the streets in pilot projects, three out of four Americans aren’t comfortable with the idea of their widespread use.
The sweeping use of facial recognition software across public and private sectors has raised alarm bells in communities of color, for good reason. The data that feed the software, the photographic technology in the software, the application of the software—all these factors work together against darker-skinned people.
As research continues to prove that AI is not an impartial arbiter of who’s who (or who’s what), various mechanisms are being devised to mitigate the collateral damage from facial recognition software.
We’ve written frequently about the distributed ledger technology (DLT) and the blockchain—on the interesting variations of the technology, its ability to bolster other technologies and its potential applications on everything from team giveaways to trading platforms (be they for cryptocurrency or energy commodities). In “Blockchain-Based Tokenization of Commercial Real Estate,” colleague Matt Olhausen examines the real-world application of tokenization—the process of representing a fractional ownership interest in an asset with a blockchain-based digital token—in commercial real estate.
Say what you want about the digital ad you received today for the shoes you bought yesterday, but research shows that algorithms are a powerful tool in online retail and marketing. By some estimates, 80 percent of Netflix viewing hours and 33 percent of Amazon purchases are prompted by automated recommendations based on the consumer’s viewing or buying history.
But algorithms may be even more powerful where they’re less visible—which is to say, everywhere else. Between 2015 and 2019, the use of artificial intelligence technology by businesses grew by more than 270 percent, and that growth certainly isn’t limited to the private sector.
“One who invites another to his home or office takes a risk that the visitor may not be what he seems, and that the visitor may repeat all he hears and observes when he leaves. But he does not and should not be required to take the risk that what is heard and seen will be transmitted by photograph or recording, or in our modern world, in full living color and hi-fi to the public at large or to any segment of it that the visitor may select.” When Ninth Circuit Judge Shirley M. Hufstedler wrote these words in 1971 about surreptitious recordings made by newsmen, she probably had no idea that a global pandemic would give new meaning to her words.
You’re in the midst of doomscrolling, when you decide to take a mental health break and post a photo to your socials from a happier (pre-pandemic) time. As you search through your photos, you find a great one of yourself that a friend-of-a-friend took. You’re about to post the photo when you remember a post that you read on this very blog about the potential copyright consequences of using a photo taken by someone else. You aren’t a celebrity—yet—but you decide that it’s best to use a photo that you took yourself. A couple of minutes later you post a throwback selfie in which you are smiling as you proudly show off your very first tattoo. It took you days to decide on the design and hours for the tattoo artist to bring to life. Even today you still get compliments on it, and some people have even recognized you solely based on the fact that you have a very big and very prominent tattoo of Pegasus riding a dragon while eating rainbow sherbet and shooting lasers from a cat. Your post starts racking up likes from your friends (and followers)—when all of the sudden you get a DM from the tattoo artist informing you that she never authorized you to display her copyrighted work on social media and demanding that you take the photo down. Unfortunately, now you’ll be spending the rest of your evening trying to figure out how any rights your tattoo artist has in works permanently inked upon your body may impact your own rights to use (and license) your own likeness.
Ninety percent of the digital data in the world has been generated in the past two years, and with the growth of search engines, social media sites, smart cars and the Internet of Things (IoT), that pace is just accelerating. One possible solution lies in our very DNA. In “When Will DNA Solve the Data Storage Crisis?” colleague Craig A. de Ridder explores the intriguing potential and developing technology of this application of the “DNA of Things” (DoT).
Internet & Social Media Law Blog