Next-Generation 911 and Data: Transparency, Privacy, and Evidentiary Considerations

(by Connor Boe, TLPC alum)

Data collection, analysis, and storage is cheaper and more reliable than ever before. This advancement in technology is constantly improving public services specifically in services dedicated to emergency response. The adoption of new technologies to increase the amount and diversity of information that public safety entities have access to during an emergency response is called Next Generation 911 (NG911). In a NG911 world, the proliferation of data when responding to emergencies will inevitably increase in size and scope. Though the receipt, processing, analysis, and storage of more data in emergency responses will be beneficial for public safety, it may also create complexities for existing statutory and regulatory obligations these entities have. Specifically, these systems have the potential to complicate state open records law compliance, privacy and data protection obligations, and chain-of-custody rules of evidence. Policy makers, emergency services, and vendors of these services need to consider the legal implications before deploying NG911 systems and not after the fact.

The benefits and drawbacks when choosing to adopt NG911 systems are far reaching. The architecture choices local governments make have the potential to rewrite the public safety answering points relationship with the general public and public safety entities. Advocates and practitioners need to understand that after data is collected by the government in response to an emergency, the information that they collect will be highly scrutinized by the communities in which they serve. These NG911 data management systems need to strike a balance between public safety, personal privacy, the rule of law, and government transparency that is acceptable to all the stakeholders in the community.

Working with several 911 stakeholders, the TLPC drafted and is pleased to release the attached white paper, which discusses attempts to discuss how the architecture of NG911 systems will impact existing legal obligations and discuss the opportunities that local governments will have when adopting these systems.

Last Week in Tech Policy #68B: The Olympics in Virtual Reality

(by Emily Caditz, Colorado Law 2L)

Last month, the world tuned into the XXIII Olympic Winter Games held in Pyeongchang, South Korea. The Olympics is one of the world’s most celebrated sports competitions and gives viewers from all around the world the opportunity to watch the most talented athletes from their home country compete head-to-head against athletes from other participating nations.

Generally, the public has watched television, listened to the radio, or read the newspaper to keep up with Olympic coverage. In Pyeongchang, however, Intel partnered with the Olympic Broadcasting Services to provide Olympic viewers with a different Olympic viewing experience: virtual reality (“VR”). Continue reading “Last Week in Tech Policy #68B: The Olympics in Virtual Reality”

Last Week in Tech Policy #65: Fake News, Real Concerns

(by John Schoppert, Colorado Law 3L)

On Friday, February 16th, Special Counsel Robert Mueller announced the indictment of 13 Russian nationals on charges of conspiracy to defraud the United States. The announcement serves as the latest development in Mueller’s investigation into potential collusion between the Kremlin and the Trump campaign during the 2016 presidential election. More concretely, it provides further evidence that Russian operatives played a critical role in disrupting the 2016 election atop near-unanimous consensus among American intelligence agencies.

The indictments track the work of a so-called “troll factory” located in St. Petersburg, which designed and deployed divisive content over social media platforms to encourage collaboration within extreme groups online. More specifically, Russian operatives stole the identities of American citizens, posed as political activists, created posts affiliated with extreme ideologies and paid individuals to locally organize protests and rallies. While many debate over whether the Russians pushed for any one candidate over the other—as opposed to creating chaos more generally—based on internal documents, it appears that disruptive efforts were aimed at supporting the campaigns of Donald Trump and Bernie Sanders, and undermining that of Hillary Clinton.

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Last Week in Tech Policy #62: Fixed vs Mobile Broadband

(by Stefan Tschimben, CU ITP Ph.D Candidate)

Section 706 of the Telecommunications Act of 1996 requires the Federal Communications Commission to determine “whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion.” Many people were surprised and worried when the FCC suggested in an August 2017 Notice of Inquiry equating mobile broadband alongside fixed broadband in its Broadband Deployment Report. The FCC concluded:

Americans today regularly use both fixed and mobile advanced telecommunications capability to originate and receive high-quality voice, data, graphics, and video telecommunications.

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TLPC Files Three DMCA Comments for Disability Services, Multimedia E-Books, and Security Research

Today, TLPC student attorneys filed three long form comments with the Copyright Office as part of the seventh triennial Section 1201 proceeding. Under Section 1201 of the DMCA, parties may petition the Copyright Office every three years to create or update exemptions when the DMCA adversely affects noninfringing activities.

Sophia Galleher filed a comment to enable better access to films and other copyrighted works for people with disabilities. Susan Miller and Angel Antkers, along with colleagues at the UC Irvine Intellectual Property, Art, and Technology (IPAT) Clinic, filed a comment to enable artistic expressions like fan fiction by expanding the allowed uses of multimedia e-books. Elizabeth Field and Justin Manusov filed a comment to better protect good faith security researchers.

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International Copyright Law and Accessibility

(by Colorado Law 3Ls Gabrielle Daley, Luke Ewing, and Lindsey Knapton)

Over the past two years the Samuelson-Glushko Technology Law and Policy Clinic (TLPC) has worked with Professor Caroline Ncube of the University of Cape Town and representatives of member states  of the World Intellectual Property Organization (WIPO) to prepare a study on the implications of copyright law for people with disabilities around the world.

The 35th Session of WIPO’s Standing Committee on Copyright and Related Rights (SCCR) is fast approaching. This November 13-17, representatives from member states and non-governmental organizations from around the world will gather in Geneva, Switzerland to discuss international copyright policy. During this meeting, our team will present the findings of the study we’ve spent the better part of the last year preparing. As the November meeting nears, this post discusses the work we’ve done to date.
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Last Week in Tech Policy #58: An Artificial You

In 2016, a group from Niessner Lab in Germany published a groundbreaking achievement in the world of computer facial manipulation. Their new technology, called Face2Face, captures one person’s facial expressions as they talk into a webcam and maps those facial expressions directly onto a separate individual’s face in real-time. In essence, this means that you can take a video of anyone and make their face show any expression you’d like. For example, in a demonstration video, footage of Vladimir Putin giving a serious speech becomes a video of him smiling, then frowning, with eyebrows up and then down.

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Last Week in Tech Policy #56: LEDs Talk About Lights!

(By Sophia Galleher, Colorado Law 2L)

Some people enter Newark Airport and look up. The lights, like many LEDs, seem almost too crisp—too bright. But most travelers, perhaps worried about missing a connection or losing a wayward child in the terminal, rush through the airport without raising a brow; the LEDs lights, twinkling down from their chic, architectural fixtures, don’t really beg much thought. They seem innocuous enough.

But just know, the next time you walk through Newark Airport, that those lights are watching you.

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Last Week in Tech Policy #55: CRISPR Possibilities and Concerns

(by Trey Reed, Colorado Law 2L)

CRISPR Cas9, a gene editing software, is increasingly being used by researchers to modify the genetic code of organisms. Recently, scientists from Spain have found the genetic sequence that produces most of the gluten in wheat. They removed this sequence and produced wheat with 85% reduced gluten toxicity. In the United Kingdom, scientists have found a gene (OCT4) that, if absent, causes the embryo to fail to implant correctly which leads to a miscarriage in the early stages of pregnancy. By ensuring that this gene is present, doctors can help in vitro fertilization pregnancies survive. Scientists in the United States received permission to begin testing on human embryos this past July.

From taking the gluten out of wheat, to preventing miscarriages, the possibilities are almost endless. However, while the possibilities are staggering, the ethical considerations are also large.

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Last Week in Tech Policy #50: Open Innovation in the Federal Government

(By Connor Boe, Colorado Law 3L)

Federal agencies have been feeling the pressure to use fewer resources while at the same time creating better outputs for the public good. Traditionally, public services were created and implemented by government experts hired to solve a specific subset of civic problems. Some have argued that this method of solving problems has become too outdated, too bureaucratic, and too politically driven to effectively solve some public issues. People expect their government to do more with less and create innovative solutions to complex problems. How can government actors create effective solutions in the face of competing interests?

Many agencies have turned to a trend in that has its roots in the private sector known as Open Innovation. Federal agencies in the last decade or so have begun to experiment with new forms of problem solving like prize challenges, citizen science, crowdsourcing, and entrepreneurial methodologies. This new trend has had a profound impact on the way government functions and how the public perceives the work that agencies produce.

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