Mark Sanders

Today's eDiscovery Challenge: What are your favorite analytics/AI tools for reviewing text messages? I have a lot of multi-year SMS transcripts. I want a tool to read through them and flag portions of the transcript that (a) have high emotional content or (b) use words/phrases that may indicate wrongdoing/are conceptually similar to a few key words I can provide. Tools that flag on the document level without identifying the relevant text, or can only make a determination about the document as a whole, are not valuable here. What do you think? #questionforthegroup #ediscovery

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Colorado leads the way in protecting neural data privacy with new legislation signed by Gov. Jared Polis. The bill expands the Colorado Privacy Act and sets a precedent for other states. Read more from Constangy Cyber Team member Amanda Novak in the link below. #coloradoprivacyact #cpa #dataprivacy #cybersecurity

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Tired of the same old options? Check out the GigaOm Radar Report for E-Discovery to learn why OpenText should be on your shortlist. #AI #eDiscovery #LegalTech

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Avoid the dark side, you must. As noted in Luis’s summary, according to the CPPA Deputy Director Macko, “[d]ark patterns aren’t about intent, they’re about effect.” This follows on increased scrutiny of dark patterns by the FTC and other authorities. #ccpa #privacylaw

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Fascinating to see how various states approach #privacy and #AI #regulation. Here, the California Board wrestled with whether the regulation of AI should go to the #legislature or the Agency (arguments on whether the legislature had the capacity to carefully regulate)

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Once again, California is flexing its market power by taking bold and wide-ranging legislative action to regulate the use and deployment of artificial intelligence (“AI”) systems. The CA AI bills add to the growing patchwork of AI regulation in the United States, notably including President Biden’s Executive Order imposing safety and security standards for AI and the Colorado AI Act barring “algorithmic discrimination” against consumers based on protected characteristics in enumerated fields. Other states are almost certain to follow suit by replicating and building upon the CA AI bills. Absent comprehensive US federal preemptive regulation, developers and deployers of AI systems will operate in an increasing minefield of regulatory risk, underscoring challenges to ensure compliance. By staying informed and adapting to these new regulations, developers and deployers of AI can not only ensure compliance but also leverage the shifting legal terrain to their strategic advantage. https://ow.ly/iRxH50TMvma

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Here is the current version of the CCPA, updated last month for AB 3286: https://lnkd.in/gHR8w5Sf. AB 1008, 1824, 1949, and 3048 are now enrolled and have been presented to Governor Newsom. So is SB 1223. In short, expect another updated version, shortly. #privacy

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Nuts & Bolts of CCPA and CPRA: California Privacy Law 📅 Tuesday, December 10, 12:30 pm - 1:30 pm Pacific via ZOOM This program covers: - Key updates to the California Consumer Privacy Act (CCPA) and amendments under the CPRA - Insights into recent regulatory changes and enforcement trends - Implications of California privacy laws on national and international privacy practices 📝 Register here: https://conta.cc/3ZSAdPW #PrivacyLaw #CCPA #CPRA #LegalEducation #CLE

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Earlier today, the California Privacy Protection Agency Board voted to advance the new draft CCPA regulations to formal rulemaking. We thought it might be helpful to provide a series of short high-level summary webinars on the new rulemaking topics, starting with automated decisionmaking technology (ADMT). If you missed the Board meeting, the draft ADMT rules were a source of many comments and concerns, including their impact on artificial intelligence. There can be no doubt that the ADMT regulations will generate many proposed revisions. https://lnkd.in/guW-BJPc

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Important update in biometric privacy laws. Illinois passed Bill 2979, updating the Biometric Information Privacy Act. The recent Coltrane v. White Castle case clarified that every time biometric data is collected, it triggers BIPA, highlighting the need for strict regulation. Comparing the Coltrane decision with Bill 2979 shows how biometric privacy laws are evolving. While Coltrane broadened BIPA's coverage, Bill 2979 provides clearer rules for businesses navigating BIPA. #BiometricPrivacy #DataProtection #EthicalAI"

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The California Privacy Protection Agency issued an enforcement advisory today, this time on dark patterns. It includes examples of do not sell windows and cookie banners-- but doesn't say what's wrong or what's right with them. Maybe because the CPPA didn't want to "subvert or impair user autonomy, decisionmaking, or choice" in determining whether the examples are compliant? Link to advisory in the comments. #law #privacy

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AI buzzwords like Generative AI and ChatGPT may currently be in full discussion, but AI in eDiscovery has been around for a long time. This white paper explores machine learning's (ML) influence on #eDiscovery and how AI can create a more efficient and cost-effective service for firms. #ISTManagement https://hubs.la/Q02yF92M0

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The brain is the new privacy frontier: Responding to developing technologies in the neurotech space, a number of American states have amended their privacy laws to include "neural data" in their definition of sensitive personal information. Some require opt-in consent for its collection, others simply the possibility for a data subject to opt out. Some have included employees' neural data in the definition, others not - with varying implications for privacy protection:

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On Friday, September 13, the Colorado Attorney General published proposed draft amendments to the Colorado Privacy Act Rules. Here's what you need to know: 1️⃣ The proposed draft amendments address three topics: (1) the process for issuing opinion letters and interpretive guidance, (2) modifications to address HB 1130 (biometric privacy amendments to the CPA), and (3) modifications to address SB 41 (kid's privacy amendments to the CPA). 2️⃣ The office has scheduled a hearing on Thursday, November 7 and will accept written comments until that date. 3️⃣ The biometric privacy amendments create two new rules and modify some existing rules. The two new rules are Rule 6.12 (Biometric Identifier Notice) and Rule 7.09 (Employee Consent to Collect and Process Biometric Identifiers). The proposed rules do not address the biometric identifiers information security requirements that were specifically identified for potential rulemaking in HB 1130. 4️⃣ The kid's privacy amendments are minor. There's really nothing substantively new from what is already in SB 41. 5️⃣ The amendments create a new Part 10 to deal with opinion letters and interpretive guidance. For reference, this topic of rulemaking comes from the original CPA. The idea is that, as the right to cure expires, entities can ask the Attorney General for opinion letters and guidance. 6️⃣ An entity can request an opinion letter but the Attorney General has discretion not to provide one. The benefit of requesting an opinion letter is that it can be used to assert a good faith reliance defense if the office files an enforcement action against the requestor. But, this is very limited. If a letter is issued, it only applies to the requestor and is limited to the factual scenario (and accuracy of same) set forth by the requestor. It also cannot be used for general questions of interpretation or hypothetical situations. 7️⃣ The Attorney General can issue interpretive guidance in response to a request from any person, in lieu of providing an opinion letter, or on its own. The benefit of interpretive guidance is limited. Interpretive guidance is not binding on the Attorney General, is informational only, and may not serve as a basis for a good faith reliance defense. More details in the below-linked post.

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The CPRA amendments, effective January 1, 2023, require businesses processing California residents' data to update their Privacy Policies. Enhancing the CCPA, the CPRA introduces stronger consumer rights and business obligations. Learn how to comply and build trust. Read more: https://lnkd.in/guAAca8Q #CPRA #PrivacyPolicy #California#GetTerms

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