Articles Posted in Technology

Quantum computers will probably take over the various technology industries in the near future. It is called the “Fourth Industrial Revolution” and it will change the way we use and experience technology. These superfast computers have an extremely powerful computing power that is unmatched by traditional computers. Its technology is based on quantum physics. It will arguably disrupt many industries and will have a direct impact on cybersecurity and privacy. Quantum computers use “quantum bits” or “qubits” which can have multiple properties (i.e., they can be both 0 and 1 simultaneously) and can store electronic information. In other words, they can be in two states at one time which is called “superposition” by the experts. However, they are susceptible to distortion and therefore proper error correction is important.

The large technology companies such as IBM, Google, Intel, and Microsoft have invested a significant amount of their resources. In fact, IBM Quantum is an organizational initiative to build universal quantum computers to solve complex problems with its supercomputers. So, once this type of technology becomes more prevalent, other manufacturers will follow a similar path.

Cybersecurity will be directly impacted by these supercomputers because it will allow their owners or operators to infiltrate the target’s defense mechanisms. It may take a traditional computer a longer time to decipher strong passwords and hack into a computer network system. As such, the owners or operators of quantum computers will have a significant advantage when it comes to these procedures. Cybersecurity and privacy will be major concerns due to the nature of these supercomputers as they can potentially disrupt multiple industries. We know that electronic information can be protected by algorithms. Now, quantum algorithm is referred to as “Shor’s algorithm” which gives quantum computers a higher capability to decrypt information.

Quantum computers will be more prevalent in the coming years as technology advances and they become more affordable. Quantum computers function differently than traditional computers. They are faster and much more efficient when compared to traditional computers. Today’s traditional computers use digital bits which represent zeros and ones – i.e., they must be either on or off for computing process. However, quantum computers operate by using qubits which can store digital information and have several properties. In essence, they can make instantaneous calculations that can take a traditional computer several years. Quantum computers can resolve industrial problems that can take traditional computers a longer time.

What are the applicable technologies and legal problems?

The advantage of having access to quantum computers can be significant. This is because, for example, a company that has access to these exponentially-advanced electronic devices can decrypt a sophisticated program within minutes and threaten the victim’s privacy rights. In other words, it could carry a potential invasive power that would be unmatched by traditional computers. Encryption technology is being used to protect sensitive information. There is “symmetric” and “asymmetric” encryption technology that is being used in the market.

Artificial intelligence technologies have been used to enhance deepfake campaigns. Deepfake is defined as synthetic media where a real person’s image is replaced with someone else’s likeness. It can be used to create an artificial video of another person and make it look real. It has been used to create celebrity porn videos, revenge porn, or fake news. It uses deep learning artificial intelligence software to create a fake picture or video. So, in essence, it can threaten valid and truthful information by publishing false or inaccurate information.

The technology that permits the creation of deepfake is “deep neural networks” which is one kind of artificial intelligence algorithm that finds large data set patterns. The neural-network structure that is generally used is the “autoencoder” which comprises of an encoder and decoder. The encoder compresses the image to a smaller size and the decoder decompresses the image back to the original size. A similar technology is the VFX which has been used by movie studios for visual effects. However, at the present time, a similar and less expensive technology is available.

There can be problems with deepfake technologies. For example, it’s been used to create fake images or videos of well-known individuals. This, in and of itself, can create legal issues such as defamation, false light, and civil harassment. Defamation is a false factual statement that is not privileged and tends to harm someone’s reputation. Defamation can occur against individuals and corporations and can have a lasting negative effect. False light is similar to defamation but it usually concerns invasion of privacy. So, for example, it can happen when a person is falsely portrayed as something he or she is not due to inaccurate impressions. The Restatement Second of Torts, Section 652, defines it as follows:

Predictive policing has been used to calculate and forecast future crimes. Yes, although it sounds quite futuristic, but it has been used by various private and public organizations. The City of Santa Cruz, California was one of the first state governments that tried to implement this technology in an effort to stop crime. Predictive policing works by using machine-learning algorithms to calculate the possibility of future crimes. It uses mathematics and data analytics to evaluate information and make systematic predictions. It can also use artificial intelligence technology to reach the results. However, after some time, its public officials stopped their efforts to prevent racial inequality. Predictive policing raises several legal issues that will be addressed in this article.

First, there could be a problem with negligent police activity. We know that, once access is granted to a database of private or confidential information, it is highly probable that someone will abuse it. In other words, an agent may use that information in the wrong way. The technology has not proven to be effective in the sense that crime can be predicted. So, the police officers may engage in activities that would constitute harassment instead of protecting the public. C.C.P. § 527.6 defines harassment as “unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.” So far, predictive policing’s technology has not been able to specify who, when, where, what, how, or why future crimes can take place. It has not been able to tell the specific location of the future crime. So, for these reasons, it could be abused that could lead to negligent policing activities.

Second, there could be a problem when the private or confidential information is used to violate someone’s privacy. Invasion of privacy is a cause of action where the plaintiff sues the defendant for violating his or her privacy rights. The elements for public disclosure of private facts are as follows: (1) defendant publicized a matter regarding the private life of the plaintiff; (2) the publicized matter would be highly offensive to a reasonable person; and (3) it is not of legitimate concern to the public. In addition, invasion of privacy may occur if there is an intrusion upon someone’s seclusion. The prima facie elements for this cause of action are: (1) defendant intruded into plaintiff’s private affairs, seclusion, or solitude; and (2) the intrusion was objectionable to a reasonable person.

Smart devices are being sold to consumers and businesses on a regular basis. They include smart phones, smart cars, smart televisions, smart thermostats, smart doorbells, smart bulbs, smart locks, smart watches, smart speakers, smart refrigerators, and other electronic devices. These smart devices can be recording you or collecting personal data without your knowledge or consent.

Privacy in the internet and technology age has become a major concern. This is primarily due to the existence and availability of smart devices which are even referred to as “smart spies” because they can record and transfer personal information to the hackers who use technical flaws to install spyware. This is why it’s important to review the security settings of the smart device on a regular basis. For example, smart televisions are connected to the internet, and if they are hacked into, they can easily be used for nefarious purposes. Smart speakers and digital assistants are listening to voices and that is why they can be a threat source for their users. They are constantly collecting information with or without the user’s knowledge or consent. There may be a way to delete the recently-recorded information by telling the smart device to delete the last conversation but consumers should read the user’s manual to learn about the options.

Smart doorbells, which are part of a home’s security surveillance system, have cameras and are connected to the internet. Therefore, they can be hacked into and used to record activities. For example, Ring has been questioned for sharing video recordings with police departments and third-party service providers such as Facebook and Google without the user’s knowledge or consent. It is important to view the “authorized client devices” feature to understand which device is accessing the account.

Internet fraud and scams have exponentially increased in recent years. There are several reasons for this development which include the expansion of technology and usage of electronic devices in our daily lives.

The fraudsters find different ways to retrieve sensitive or confidential information in order to commit their crimes. For example, they may extract the information by dumpster diving next to corporations and financial institutions. There have been cases where sensitive information of a corporation’s employees was extracted without authorization. They may also engage in “shoulder surfing” which is another way to surreptitiously extract confidential information from the unsuspecting victim. These activities usually take place close to a bank’s ATM in order to steal the victim’s debit card PIN. They can also use what is referred to as a “skimming device” as a way to obtain sensitive information from debit or credit cards. These devices can be placed on ATMs to procure the confidential information without suspicion. The fraudsters can also obtain sensitive or confidential information by breaking and entering into the victim’s property. This way, they can look into the victim’s house or vehicle for valuable items or confidential documents.

There is a long list of internet fraud methods such as auction scams, rental scams, dating scams, lottery scams, and charity scams. The criminals are finding new ways to trick their victims into relinquishing valuable information – e.g., address, telephone, date-of-birth, social security number, debit or credit card number. Social engineering is another method to obtain information which is usually done by gaining the victim’s trust. It has become one of the main methods for extracting valuable information from unsuspecting victims. The internet allows culprits to anonymously communicate with their victims which is the major issue in lawsuits simply because it takes time and effort to launch an investigation. Our law firm is able to unmask the anonymous culprit’s identity by using the proper tools and techniques. We have access to a network of experts and investigators who can help our clients. We have also established relationships with local, state, and federal law enforcement agencies.