In this episode Katherine Apps KC discusses online safety and online harms with Jessica Zucker, Director in the Online Safety Group at OFCOM, the UK’s communications regulator. They discuss the nature of online harms and both the existing legal powers that apply to UK established Video Sharing Platforms, such as TikTok and OnlyFans. They also discuss Ofcom’s new powers under the UK’s Online Safety Act 2023 and key policy and legal considerations related to issues such as the spread of misinformation, freedom of expression, proportionality, and international convergence and divergence in regulatory standards and the need for those in tech and regulation to work together.
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Episode 13 - AI and the rise of deepfakery
In this episode David Mitchell speaks to Hanna Basha and Mark Jones of Payne Hicks Beach about tackling deepfakes on behalf of clients who are victims of different types of AI-generated deepfakes ranging from image based sexual abuse, commercial exploitation and political disinformation. Drawing on their respective expertise in civil and criminal law, Hanna and Mark discuss the practical issues posed by deepfakes, the legal tools available to victims and shortcomings in the current legal protections.
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32:31
Episode 12 - AI and Climate Change
In this episode Katherine Apps KC speaks with environmental law pioneer Stephen Tromans KC about similarities, differences and lessons which can be learned for AI from the development of environmental, nuclear, chemicals and contaminated land law. They touch on the balance between international and domestic legal toolmaking, the effectiveness, or otherwise, of human rights and the common law and how law can best work in the context of rapidly developing technology and complex market pressures.
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Episode 11 - The Clearview AI judgment: territorial reach and AI regulation
In this episode Katherine Apps KC speaks with Jennie Thelen about the recent judgment of the First Tier Tribunal decision allowing Clearview AI’s appeal against the Information Commissioner’s fine for unlawful data processing for the development, marketing and use of AI software to “scrape” facial data from the internet and social media and for its use in facial recognition software. The Tribunal judgment is one of the first judgments in the EU to consider the scope of the GDPR territoriality provisions for personal data processing relating to monitoring of behaviour, and the carve outs for use in law enforcement by states and one of the first appeals to be heard against the fines levied on Clearview AI by multiple regulators across the world. Katherine and Jennie discuss extra territoriality more generally and the implications of the judgment for software which learns from worldwide data.
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Episode 10 - AI, Freedom of Expression and Civil Liberties
In this episode David Mitchell speaks with Barbora Bukovska from international freedom of expression organisation Article 19 about AI, freedom of expression and civil liberties. David and Barbora discuss the recent European Court of Human rights judgment on the use of AI facial recognition on the Moscow Metro in Nikolay Glukhin v Russia (application no. 11519/20) in which Article 19 intervened, the proposed EU AI Act, and how other jurisdictions around the world are addressing facial recognition technologies.
In this series, 39 Essex Chambers’ barristers, Katherine Apps KC and David Mitchell interview each other and guests exploring the legal issues raised by artificial intelligence including what sort of legal regulation is needed, how AI will impact on the legal profession, discrimination challenges, data protection, intellectual property and ownership, contracting issues and the impact on legal education in the future. Guest include: Baroness Shami Chakrobarti CBE, former shadow Attorney General, I Stephanie Boyce, former Law Society President, Bernie Maier, Michihiro Nichi Clifford Chance Japan, Professor Catherine Barnard, University of Cambridge, Patrick Brodie RPC LLP. The podcast series is suitable both for qualified lawyers and those who are curious about the law.
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