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Tag: Technology

Can AI-Generated Output Be Protected Under Intellectual Property Law?

Can AI-Generated Output Be Protected Under Intellectual Property Law?

By Audrey Zhang Yang

Introduction

AI-generated output represents a groundbreaking integration of technology and creativity that increasingly challenges established norms in the legal world. Inevitably, it raises the question on whether law and policy on intellectual property protection should evolve and adapt to recognize this changing innovation trend. The Progress Clause of the Constitution gives Congress the power to “promote the Progress of Science…by securing for limited Times to Authors…the exclusive Right to their…Writing.”[i] Pursuant to this authorization, the Copyright Act extends copyright protection for “original works of authorship fixed in any tangible medium of expression.”[ii] The Copyright Act neither defined “authorship” not “works of authorship.”[iii] Traditionally, courts assigns authorship to individuals who create original works. However, determining authorship is more challenging in the case of artificial intelligence (AI). Some believe that since AI systems are tools programmed by humans, the programmers are entitled to authorship rights.[iv] Also, when someone instructs AI to solve a problem, that person might qualify as an investor if she formulates a problem in a manner that requires inventive skill.[v] However, laws on intellectual property, patent, and copyright were not originally passed with AI in mind. Therefore, there is no law specifically addressing AI-generated invention in any jurisdiction.

Paper v. Paperless

Paper v. Paperless

By: Ashlyn Hilburn

The development of the internet has affected nearly every aspect of life. In the medical field, evolving technology not only led to an explosion of revolutionary treatments, but it also resulted in a change to how all medical records are kept. Electronic health records have received pushback from not only practitioners, but legal scholars as well.

AI Attorneys – Why Bother Going to Law School?

AI Attorneys – Why Bother Going to Law School?

By: L. Michelle Ugalde

 

With the rapid advancement and integration of Artificial Intelligence (“AI”) across all career fields, the fear of virtual replacement is becoming all the more omnipresent. But is this fear justified? For attorneys, the consensus is split. While all recognize that AI is undoubtedly entering the legal field, the divide is between those who are embracing this new incorporation, and those who reject it. It seems that as time progresses, the feelings of the latter are becoming stronger.

Joan Is Awful: A Petition for Federal Personality Rights Legislation

Joan Is Awful: A Petition for Federal Personality Rights Legislation

By Kathryn Threatt

Background:

In June of 2023, Netflix premiered season 6 of the beloved and haunting series, Black Mirror.[1] The star-filled first episode entitled, Joan Is Awful, is the tale of an everyday woman, Joan, whose life will soon be streamed by millions of viewers on the fictionalized version of Netflix, Streamberry. So, you might be wondering how such a thing happens. Well Joan, unbeknownst to her, signs away her personality rights.[2]

Speed Machine

Speed Machine

By: Ashlyn Hilburn

It is now possible to get a speeding ticket in Richmond City school zones without ever getting pulled over by a police officer.[1] This initiative is designed to improve the safety of people who walk, roll, and bike across streets within school zones.[2]

New York Regulates the Use of AI-Driven Hiring

New York Regulates the Use of AI-Driven Hiring

By: Brenna Harman

            New York City published final regulations regarding the use of AI-driven hiring tools, and enforcement of the laws went into effect on July 5, 2023.[1] Local Law 144 (“NYC 144”) requires any automated employment decision tool (AEDT) to be audited annually.[2] The audits are performed to check for bias that may be intentionally or unintentionally within the systems.[3] The employer must determine if they are using an AEDT, perform the audit, publish a public summary of the audit, and provide certain notices to applicants or employees who are subject to screening by the tool.[4]

Watch Your Step: The Potential Use of Smart Concrete in Law Enforcement

Watch Your Step: The Potential Use of Smart Concrete in Law Enforcement

By Kathryn Threatt

In his podcast, The Justice Tech Download, Jason Tashea envisions a new and smart use for concrete: to collect data to identify perpetrators via gait analysis.[1]

Imagine. As you walk along your city’s sidewalks the sensors within its concrete track your steps and your gait. You pause just before someone bumps into you. That someone just rushed out of a convenience store. You notice a few characteristics about them as they pass by: hair color, height in comparison to your own, shade of clothing, and race/ethnicity. Your attention then turns to the convenience store owner who runs out of the store screaming, “Thief!” The alleged thief then sprints down the street and disappears before anyone stops them. The police take your statement and gather data from this smart sidewalk when they arrive.

Apple Vision Pro: Can it See China?

Apple Vision Pro: Can it See China?

By Jarrid Outlaw

Apple is slated to release their next big market product the “Apple Vision Pro” early next year.[1]  The vision pro is an augmented reality (AR) headset that also acts as a standalone computer.[2]  Apple proclaims this product to be the first “spatial computer.”[3]  It combines everyday apps we use on our phones and computers and projects them as an interactive canvas, while still allowing the user freedom to see the environment around them.[4]  It also connects with MacBooks, allows you to make the canvas as big and small as you want, has state of the art resolution, and works as a standalone computer.[5]  Tim Cook, Apple’s CEO, had this to say, “Apple Vision Pro introduces us to spatial computing. Built upon decades of Apple innovation, Vision Pro is years ahead and unlike anything created before — with a revolutionary new input system and thousands of groundbreaking innovations. It unlocks incredible experiences for our users and exciting new opportunities for our developers.”[6]  Though Apple has come up with numerous new and exciting technological innovations, they will have a hard time in the global market due to China’s trademark law.[7]

Health Information Technology: Technology in Your Health Care

By: Rachel Whalen

“In 2019, healthcare consumers continue to demand greater transparency, accessibility and personalization.”[1] In this increasingly digital age, incorporating Health information technology (“Health IT”) into the health industry is very important. Health IT is “the exchange of health information in an electronic environment.”[2] A variety of electronic methods are used, such as computerized disease registries, electronic record systems (“EHRs”), and electronic prescribing.[3] Health care systems are implementing Health IT to mange health information and care for individuals and groups.[4]

The widespread use of Health IT improves quality of care, prevents medical error, reduces costs, and decreases inefficiencies.[5] Communication between health care providers and patients is better than ever before thanks to advances in securing Health IT networks.[6] More accurate EHRs can follow a patient to different health care providers. Apps and increased access to information can give patients more control over their care. This has improved the ability to help patients meet their health goals and to give the patients more control over their health.[7] Health IT’s merging of technology with healthcare has improved access to healthcare and the consistency of care.[8]

There are several different components of Health IT that add complexity to the system which does not exist in other communication technologies. The central component of Health IT infrastructure is the EHR.[9] These EHRs, or electronic medical records (“EMRs”), contain all of a person’s official health record in a digital format.[10] These digital records can be viewed even when the doctor’s office is closed, providing greater access to a person’s health information.[11] EHRs can also be used to share information between multiple healthcare providers and agencies within the healthcare system.[12] This makes it easier for doctors to share information with specialists and ensure consistent care.[13] Health IT also works outside of the healthcare system with personal health records (“PHRs”). PHRs are self-maintained health records controlled by the patient themself.[14] PHRs can be used to track doctor visits and treatments, as well as activities outside of the doctor’s office.[15] Patients can track their eating and exercise habits, as well as their blood pressure, heartbeat, and other medical parameters.[16] PHRs may even record medications and prescriptions if the PHR is linked to the doctor’s electronic prescribing (“E-prescribing”).[17] E-prescribing connects the doctors directly to the pharmacy, so no paper prescriptions are lost or misread.[18] This gives patients wider access to pharmaceuticals without having to bring paper prescriptions with them.[19]

Developments in Health IT have improved the popularity and access to health records among patients. Smartphones and apps have encouraged patients to use PHRs and have helped patients become more comfortable with their digital health information.[20] Health care providers have also increasingly implemented and used patient portals due to more consumer-friendly designs. Apps and patient portals were clunky and limited near the beginning of Health IT, but modern systems provide more options and customization options.[21] Patient portals used to only provide information of upcoming appointments and perhaps some test results.[22] Now, patient portals are used to download health records, securely communicate with physicians, pay bills, check services, check insurance coverage, and order prescriptions.[23] These Health IT services grant patients more access to and control over their health information and health care treatment.

In addition to individual records, Health IT has established a health information exchange (“HIE”).[24] Health care providers must manage a mountain of patient health information. Thus, there has been a consequential increase in the importance of data analytics.[25] HIEs are systems developed by groups of health care providers to share data between Health IT networks.[26] These shared systems and agreements between health care providers not only allow for better communication and consistent care, but also provide a large database of health information to analyze the health of communities as a whole.[27] Academic researchers can use the shared health information to develop new medical treatments and pharmaceuticals.[28] This plethora of information can be used to manage population health goals and research health trends.[29]

Unfortunately, this amount of information is very difficult to manage, which again increases the reliance on data analytics to find relevant files.[30] This is where other Health IT technologies come in, specifically picture archiving and communication systems (“PACs”) and vendor-neutral archives (“VNAs”). While images have been of most importance to radiologists, other specialties, such as cardiology and neurology, are also producing a large amount of clinical images.[31] PACs and VNAs are widely used to store and manage patient medical images and, in some cases, have even been integrated into shared systems between facilities and health providers.[32] Some Health IT systems even use artificial intelligence (“AI”) to sort and manage files.[33]

In addition to the advantages discussed above, the ability to quickly share accurate information, called “interoperability,” could be the difference between life and death for a patient. Health IT tools improve the necessary cooperation between health care providers for improved patient care and lower healthcare costs.[34] The “interoperability” and rapid information sharing provided by Health IT tools provides health care providers with the most updated information and can even provide patients with immediate access to their health records. Health care providers need personal information and basic medical history, which requires patients to provide repetitive information and paperwork. Interoperability information sharing provides that basic information to health care providers without the excess paperwork and allows for faster treatment. Similarly, health care providers have access to test results from other facilities, which prevents unnecessary tests and improves consistency of treatment. Consistent treatment is further aided by follow up treatment with alerts and reminders for ongoing health conditions, appointments, and medications.[35]

Digital records protect patient information in the event of emergency by allowing recovery of documents, as well as constant access to health records, which can follow patients to any provider, regardless of location. This allows for consistent treatment. The use of electronic systems also provides the ability to encrypt information so only authorized personnel have access. Electronic information can also be tracked to record who accesses the information and when they accessed it. Several of these safety advantages are required by the Federal Government. For example, certified Health IT systems are required to designate professionals and others, to limit access to information, so as to manage care effectively.[36]

Strict government regulations limit Health IT due to the amount of confidential information contained in the health information managed by Health IT.[37] Privacy and security is a top priority for the Federal Government as well as patients and health care providers.[38] Medical records can commonly contain the most intimate details of a patient’s life.[39] These files document physical health, mental health, behavioral issues, family information including child care relationships, and financial status.[40] Health care providers need all of this sensitive information to properly treat patients, but a breach of that information could cause innumerable harms to the patients.[41] Therefore, patients are guaranteed clearly defined rights to the privacy of their health information, including electronic health information.[42]

Health care and technology touch on every aspect of our lives. Ever since the computer was invented, various methods have been implemented to improve the efficiency and access of health care incorporation.[43] From EHRs to electronic prescriptions, Health IT has been connecting vital information for patients and health care providers.[44] There are still some issues and miscommunications within the systems, but Health IT will improve as technology improves, providing crucial information and technical support to the health care industry.

[1] Ashley Brooks, What Is Health Information Technology? Exploring the Cutting Edge of Our Healthcare System, Rasmussen C. Health Sci. Blog (June 10, 2019), https://www.rasmussen.edu/degrees/health-sciences/blog/what-is-health-information-technology/ (quoting Patrick Gauthier, director of healthcare solutions at Advocates for Human Potential, Inc.).

[2] Health Information Technology Integration, Agency for Healthcare Research and Quality, https://www.ahrq.gov/ncepcr/tools/health-it/index.html (last visited Apr. 15, 2020).

[3] See id.

[4] See id.

[5] See Department of Health and Human Services, Health Information Technology, Health Information Privacy, https://www.hhs.gov/hipaa/for-professionals/special-topics/health-information-technology/index.html (last visited Apr. 15, 2020).

[6] See Brooks, supra note 1.

[7] See id.

[8] See id.

[9] See Margaret Rouse, Health IT (health information technology), SearchHealthIT (June 2018), https://searchhealthit.techtarget.com/definition/Health-IT-information-technology.

[10] See id.

[11] See Office of the National Coordinator for Health Information Technology, Health IT: Advancing America’s Health Care, https://www.healthit.gov/sites/default/files/pdf/health-information-technology-fact-sheet.pdf (last visited Apr. 15, 2020) [hereinafter “ONC”].

[12] See Rouse, supra note 9.

[13] See ONC, supra note 11.

[14] See Rouse, supra note 9.

[15] See ONC, supra note 11.

[16] See id.

[17] See id.

[18] See id.

[19] See id.

[20] See Rouse, supra note 9.

[21] See id.

[22] See id.

[23] See id.

[24] See id.

[25] See Rouse, supra note 9.

[26] See id.

[27] See id.

[28] See id.

[29] See id.

[30] See Rouse, supra note 9.

[31] See id.

[32] See id.

[33] See id.

[34] See Brooks, supra note 1.

[35] See ONC, supra note 11.

[36] See id.

[37] See Brooks, supra note 1.

[38] See ONC, supra note 11.

[39] See Institute of Medicine, Beyond the HIPAA Privacy Rule: Enhancing Privacy, Improving Health Through Research (Laura A. Levit & Lawrence O. Gostin eds., 2009).

[40] See id.

[41] See id.

[42] See ONC, supra note 11.

[43] See The History of Healthcare Technology and the Evolution of EHR, VertitechIT (Mar. 11, 2018), https://www.vertitechit.com/history-healthcare-technology/.

[44] See id.

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