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Ms. Buyer is a regular columnist for the THE BULLETIN of the Bar Association of Erie County and is a contributor to No Jitter. Previously, she has written numerous commentaries on telecommunications law for other legal and telecommunications publications including, among others, The Daily Record, Communications Convergence and Computer Telephony. Her articles cover a broad range of topics highlighting current telecommunications issues including federal and state telecommunications policy, litigation, wireless technologies, spectrum policy, FCC initiatives, and industry consolidation. Martha Buyer has also contributed to the ABA Journal Report.

Entries in No Jitter (122)

Monday
May132024

Net Neutrality Is On Its Way Back

However, what “net neutrality” means in a world where the Internet’s changed since the first time net neutrality was made law is still up for clarification.
As has been anticipated since Democrats took over the majority of Commissioner slots on the FCC, the network neutrality rules originally brought to bear during the Obama Administration and then removed during the Trump years, will be back.  Regardless of how you feel about the regulatory burden that this transition places will again place upon the ISPs, one thing that is indisputable is that the internet as regulated in 2015 is a completely different animal now than it was when.  Just like it used to be easy to understand the technology evolution as analog moved to digital, the word “internet,” which was the definition of a lifeline particularly during the pandemic, has so many different meanings, that “defining what the new 400 pages of net neutrality rules are designed to regulate” may become its own cottage industry.  But there is no doubt that the internet has evolved into a utility requiring a greater level of regulation and oversight than currently exists.

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Tuesday
Apr302024

Considerations for AI Product Acquisition

It’s a bit like buying a car (sort of).
A recent article in the Columbia Law Review entitled AI Systems as State Actors contained this stunning and important quote from authors Kate Crawford and Jason Schultz:

..When challenged, many state governments have disclaimed any knowledge or ability to understand, explain or remedy problems created by AI systems that they have procured from third parties. The general position has been ‘we cannot be responsible for something we don’t understand.’ This means that algorithmic systems are contributing to the process of government decision-making without any mechanisms of accountability or liability.

My first reaction to this quote was horror, but once I got a grip, my initial concerns were only slightly mollified. While the article was published in 2019, it nonetheless raises a valid and timely point: Where does liability fall when reliance on an AI-powered system causes harm? The short answer is “everywhere,” but that’s not really a useful answer.

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Thursday
Apr112024

9-1-1 Issues as Policy and Technology Evolve

Find out what the panelists on “Next Generation 911: Are We There Yet?” are prioritizing in this year’s Enterprise Connect panel.
One of the great privileges of my participation at Enterprise Connect is the always popular and interesting 9-1-1 panel chaired by Irwin Lazar (“Next Generation 911: Are We There Yet?" scheduled for Wednesday, March 27 at 2 PM). The content is current and insightful, and the conversation is always sat a minimum, lively. With fellow participants Mark Fletcher of 911Inform, Brooks Shannon of ESRI (formerly of NENA), Robin Erkkila of Bandwidth, and newcomer Jose Alvarado of Intrado, I feel like we’re getting the band back together--albeit with a new drummer. I’ve asked each panelist to highlight topics of particular interest to share here, in anticipation of the fact that next year we may get more presentation time in an even bigger room!

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Tuesday
Feb202024

How to Draft a Useful Data Security Policy

Data security plans are hardly a one size fits all proposition – but they do follow these three broad guidelines and cover a list of considerations. A consultant colleague recently reached out with some questions on how to craft a good organizational information security policy. I’ve got experience with this, as a graduate-level legal instructor, a lawyer, and someone who frequently talks to communications technology practitioners. I can offer guidance on how to plan for, implement and manage organizational information security policies. But note that I am not offering a guarantee. That’s not an accident. I am, after all, a lawyer.

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Tuesday
Jan022024

2024 Promises Developments in AI, Net Neutrality, Data Security and the Universal Service Fund

echnology always advances more quickly than the rules and processes designed to regulate it -- and with newer technologies making massive leaps, 2024 promises to keep all of us busy.The potential and realized legal issues associated with AI development and deployment cut across almost every sector of the enterprise. Issues that have been around since the beginning continue to exist, most notably bias (both intentional and un-), ethical use of AI, and the enterprise reliance on AI’s capabilities to (potentially) offload data-driven analysis (including very, very sophisticated number crunching) from humans towards machines. However, two factors remain constant: First, AI-driven products and services have no inherent common sense; and second, iData in AI systems is, by definition, strictly historical and based solely on what transpired in the past. While data can be updated frequently, but the resultant AI-deiven output is still based on past results. As such, while processes that seem at first to be ripe for AI implementation, aren’t necessarily a perfect—let alone accurate—fit.

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