S6 E5: AI uses and abuses with Professor David Opderbeck

In this episode of Tech Policy Grind, today’s host, Steve Chu, discusses modern AI use cases and applications within the legal world with Professor David Opderbeck. Steve Chu and Professor Opderbeck discuss the proper and improper applications of AI technologies by attorneys, judges, politicians, and others before turning to national policies that have enabled both positive uses of AI in the legal industry and its misuses.

In our second episode on Cross Border Data Flows, Victoria Ferrari and Guest Amanda Molina tackle the impact of Cross Border Data Flows on AI development. In a world where data moves faster than any border checkpoint, global laws and cybersecurity frameworks are struggling to keep up. From Europe’s GDPR to China’s data localization rules to emerging U.S. approaches, the digital landscape is a patchwork of competing philosophies about who controls data and why. In this episode, host Victoria Ferrari and guest Amanda Molina break down what cross-border data transfers actually mean, why global rules remain fragmented, and how different legal traditions shape data governance. As governments increasingly restrict data flows in the name of national security, are we entering an era of digital nationalism where data sovereignty belongs to the state rather than the individual? What does this mean for companies navigating conflicting laws and for individuals whose data moves across borders? And can the world move toward shared frameworks for privacy, security, and governance, or are we headed for a more divided digital future?

In this episode of Tech Policy Grind, the podcast goes international to discuss cross-border data flows! Darren Chng helps us unpack how personal data travels when we stream Netflix abroad, shop online, store files in the cloud, or what happens when those data flows collide with conflicting national laws, security risks, and infrastructure challenges.

How do we protect young people online without sacrificing privacy and autonomy? In our latest episode of the Tech Policy Grind, Justice Shannon sits down with Dr. Jennifer King, Privacy and Data Policy Fellow at the Stanford Institute for Human-Centered Artificial Intelligence, for a nuanced conversation about age assurance, the current practices, and the emerging practices used to verify user age in online and offline spaces. Whether you’re a policymaker, technologist, or just curious about the future of privacy online, this episode is not to be missed.

What do First Amendment rights have in common with Calvin and Hobbes? In Free Speech Coalition v. Paxton, the First Amendment is on trial, and according to Prof. Eric Goldman, it looks like the referees are playing Calvinball. On the latest episode of Tech Policy Grind, hosted by Justice Shannon, Prof. Goldman, a leading First Amendment scholar and law professor, breaks down the Supreme Court’s fractured logic in this pivotal case. His take? Justice Thomas didn’t follow precedent, he put it in a blender, cherry-picking fragments of past rulings to justify a result that was already decided. It’s a bold critique of how the Court handles First Amendment rights in the digital age and a warning for the future of content regulation, free speech, and tech policy.

In this episode of Tech Policy Grind, the conversation delves into the significant antitrust case against Google led by the US Department of Justice. The discussion covers the historical context of antitrust actions, the proposed remedies aimed at breaking Google’s monopoly, and the implications for competition in the tech industry. Joe Jerome from DuckDuckGo provides insights into the complexities of the case, the importance of technical expertise in enforcement, and the potential impact on consumers and the future of AI development. The episode concludes with reflections on the global regulatory landscape and the ongoing nature of the legal proceedings. This episode was recorded on November 22, 2024 and is being published ahead of Google’s response, which comes out on December 20, 2024. 

Today on the Tech Policy Grind: Our editor, Evan, bids the show farewell for his new role in corporate privacy compliance. He chats with Pedro Pavon, a privacy attorney at Meta, about what it means to be an advocate on the corporate side, how birding can help us maintain a beginners mindset, and how Pedro launched the Data Protection Breakfast Club. Pedro is a lawyer and policy advocate focused on digital privacy, data strategy, and algorithmic fairness. He hosts the Data Protection Breakfast Club podcast and teaches privacy law at Georgia State University College of Law.  

This week, we’re sharing two conversations from State of the Net that discuss the importance of responsible product design and ethical red teaming for AI. First, we chatted with Aishwarya Vardhana. As a full stack product designer, she designs innovative interfaces and experiences with safety, privacy, and other human rights considerations baked into the product. At State of the Net, when this conversation was recorded, she shared how she thinks about building ethical, inclusive and responsible technology, and how she prioritizes user needs to help keep people safe online. Then, we sat down with Harley Geiger, Counsel on Cybersecurity Services at Venable, about ethical AI redteaming. What is ethical AI redteaming? And how are redteamers protected under the law when they test out vulnerabilities of AI models? We get into that and much more the conversation with Harley, Foundry fellow Sasa Jovanovic and me during State of the Net. DISCLAIMER: Daniela, Evan, Sasa, Harley and Aishwarya engaged with this episode by the Internet Law & Policy Foundry voluntarily and in their personal capacity. The views and opinions expressed on this show do not reflect the organizations and institutions they are affiliated with.

This week on the Tech Policy Grind, we’re sharing two conversations from State of the Net 2024, the premier internet policy conference that took place in February in Washington, D.C, to discuss the impact of AI on cybersecurity policy and the future of work.  Foundry Fellow Sasa Jovanovic and I spoke with Heather West and Charley Snyder on the impact of AI on cybersecurity policy. We discussed the nexus between Artificial Intelligence and cybersecurity, revealing how AI’s advancements carry both protective potential and novel vulnerabilities.  We also chatted with Dr. Athina Kanioura, Chief Strategy and Transformation Officer at PepsiCo, about navigating the policy challenges around the deployment of AI in the workplace, while making sure that AI promotes societal values and labor equity.  DISCLAIMER: Daniela, Evan, Sasa, Athina, Heather and Charley engaged with this episode by the Internet Law & Policy Foundry voluntarily and in their personal capacity. The views and opinions expressed on this show do not reflect the organizations and institutions they are affiliated with. Bios Athina Kanioura is Executive Vice President, Chief Strategy and Transformation Officer at PepsiCo. An accomplished innovator and transformation leader, Kanioura oversees PepsiCo’s end-to-end strategy to win both as a total company and in key markets, including our digitalization strategy. She also leads company-wide transformation—ensuring that our scale is leveraged as we focus on accelerating profitable growth and identifying areas of cost efficiency and optimization—in addition to overseeing Data Products, Platforms, and Talent. Prior to joining PepsiCo, Kanioura was the Chief Analytics Officer and Global Head of Applied Intelligence at Accenture, where she specialized in applying AI and analytics to drive business value. During her 15 years at Accenture, Kanioura grew the Applied Intelligence function from a subspecialty to a global group at the forefront of scale business transformation. Kanioura is a member of the Royal Statistical and Economics Society, where she contributes to shaping government policy around how data is used by bodies like the IMF. She also sits on the board of the Institute of Marketing Sciences and is a keen educator who has held lectureships at UMIST (UK), Imperial College London (UK), and the University of Sheffield (UK), where she also earned her PhD in Econometrics and Quantitative Economics.  Charley Snyder serves as Head of Security Policy at Google. In this role, Charley leads efforts to organize Google’s security expertise and technology to help solve the world’s pressing challenges related to safety and security online. Charley has security technology and policy experience in the public and private sectors. Before joining Google, he was a senior vice president at Goldman Sachs Group, where he was Global Head of Vulnerability Management and later led the Engineering Division’s zero-trust security strategy. Previously, Charley served in the United States government, including multiple roles in the Department of Defense. He served as Deputy Director of Strategic Cyber Defense and Capabilities in the Office of the Secretary of Defense, and as a Senior Cyber Policy Advisor. Earlier in his career, Charley was a professional staff member for the U.S. House of Representatives Committee on Homeland Security, where he led the committee’s oversight of Federal cybersecurity and intelligence issues.  Heather West is a policy and tech translator, product consultant, and long-term digital strategist guiding the intersection of emerging technologies, culture, governments, and policy. Equipped with degrees in both computer and cognitive science, Heather focuses on data governance, data security, artificial intelligence (AI), and privacy in the digital age. She is a subject matter authority who has written extensively about AI and other data driven topics for over a decade. She is also a member of the Washington Post’s The Network, “a group of high-level digital security experts” selected to weigh in on pressing cybersecurity issues.  

This week on the Tech Policy Grind, an expert panel unpacked the  two First Amendment cases heard by the Supreme Court last week. In 2021, Florida and Texas introduced laws to prevent social media companies from banning political candidates or censoring content based on viewpoints, sparking a debate about the balance between free speech and platform regulation.  The Supreme Court hearing on February 26, 2024 on the Florida and Texas laws set the stage for a broader conversation on the First Amendment rights of social media companies.  To comment on the recent hearings, we brought in Internet Law and Policy Foundry alumna Jess Miers, Senior Counsel at Chamber of Progress to moderate a conversation with two other experts: Vidushi Dyall, Director Legal Analysis at Chamber of Progress who was reporting from the courtroom last week and Eric Goldman, the Associate Dean for Research, Professor of Law, Co-Director of the High Tech Law Institute, and Co-Supervisor of the Privacy Law Certificate, at Santa Clara University School of Law.  DISCLAIMER: Daniela, Evan, Jess, Vidushi, and Eric engaged with this episode by the Internet Law & Policy Foundry voluntarily and in their personal capacity. The views and opinions expressed on this show do not reflect the organizations and institutions they are affiliated with. Bios:  Jess Miers is Senior Counsel at Chamber of Progress. As a lawyer and technologist, Jess primarily focuses on the intersection of law and the Internet. She is widely considered an expert on U.S. intermediary liability law and has written, spoken, and taught extensively about topics such as speech and Section 230, content moderation, intellectual property, and cyber crime. Jess is also currently an advisor to the Trust & Safety Professional Association, and an industry mentor for Santa Clara Law’s Tech Edge J.D. certificate program. Vidushi Dyall is the Director of Legal Analysis at the Chamber of Progress. She is a Fordham Law graduate and has gained meaningful professional experience across tech policy, privacy, and cybersecurity. In her current role she provides rapid analysis and response to breaking developments in cases that involve critical tech policy issues. Eric Goldman is Associate Dean for Research, Professor of Law, Co-Director of the High Tech Law Institute, and Co-Supervisor of the Privacy Law Certificate, at Santa Clara University School of Law. His research and teaching focuses on Internet law, and he blogs on that topic at the Technology & Marketing Law Blog. Resources: Moody v. NetChoice, LLC NetChoice, LLC v. Paxton Communications Decency Act Reno v. ACLU Section 230