The End of Ownership Perzanowski, Aaron; Schultz, Jason
2016, 20180316, 2016-10-28, 2016-11-04
eBook
Odprti dostop
If you buy a book at the bookstore, you own it. You can take it home, scribble in the margins, put in on the shelf, lend it to a friend, sell it at a garage sale. But is the same thing true for the ...ebooks or other digital goods you buy? Retailers and copyright holders argue that you don't own those purchases, you merely license them. That means your ebook vendor can delete the book from your device without warning or explanation -- as Amazon deleted Orwell's 1984 from the Kindles of surprised readers several years ago. These readers thought they owned their copies of 1984. Until, it turned out, they didn't. In The End of Ownership, Aaron Perzanowski and Jason Schultz explore how notions of ownership have shifted in the digital marketplace, and make an argument for the benefits of personal property.Of course, ebooks, cloud storage, streaming, and other digital goods offer users convenience and flexibility. But, Perzanowski and Schultz warn, consumers should be aware of the tradeoffs involving user constraints, permanence, and privacy. The rights of private property are clear, but few people manage to read their end user agreements. Perzanowski and Schultz argue that introducing aspects of private property and ownership into the digital marketplace would offer both legal and economic benefits. But, most important, it would affirm our sense of self-direction and autonomy. If we own our purchases, we are free to make whatever lawful use of them we please. Technology need not constrain our freedom; it can also empower us.
Limitless Worker Surveillance Ajunwa, Ifeoma; Crawford, Kate; Schultz, Jason
California law review,
06/2017, Letnik:
105, Številka:
3
Journal Article
Recenzirano
From the Pinkerton private detectives of the 1850s, to the closed-circuit cameras and email monitoring of the 1990s, to new apps that quantify the productivity of workers, and to the collection of ...health data as part of workplace Wellness programs, American employers have increasingly sought to track the activities of their employees. Starting with Taylorism and Fordism, American workers have become accustomed to heightened levels of monitoring that have only been mitigated by the legal counterweight of organized unions and labor laws. Thus, along with economic and technological limits, the law has always been presumed as a constraint on these surveillance activities. Recently, technological advancements in several fields—big data analytics, communications capture, mobile device design, DNA testing, and biometrics—have dramatically expanded capacities for worker surveillance both on and off the job. While the cost of many forms of surveillance has dropped significantly, new technologies make the surveillance of workers even more convenient and accessible, and labor unions have become much less powerful in advocating for workers. The American worker must now contend with an all-seeing Argus Panoptes built from technology that allows for the trawling of employee data from the Internet and the employer collection of productivity data and health data, with the ostensible consent of the worker. This raises the question of whether the law still remains a meaningful avenue to delineate boundaries for worker surveillance. In this Article, we start from the normative viewpoint that the right to privacy is not an economic good that may be exchanged for the opportunity for employment. We then examine the effectiveness of the law as a check on intrusive worker surveillance, given recent technological innovations. In particular, we focus on two popular trends in worker tracking—productivity apps and worker Wellness programs—to argue that current legal constraints are insufficient and may leave American workers at the mercy of 24/7 employer monitoring. We consider three possible approaches to remedying this deficiency of the law: (I) a comprehensive omnibus federal information privacy law, similar to approaches taken in the European Onion, which would protect all individual privacy to various degrees regardless of whether or not one is at work or elsewhere and without regard to the sensitivity of the data at issue; (2) a narrower, sector-specific Employee Privacy Protection Act (EPPA), which would focus on prohibiting specific workplace surveillance practices that extend outside of work-related locations or activities; and (3) an even narrower sector and sensitivity-specific Employee Health Information Privacy Act (EHIPA), which would protect the most sensitive type of employee data, especially those that could arguably fall outside of the Health Insurance Portability and Accountability Act's (HIPAA) jurisdiction, such as Wellness and other data related to health and one's personhood.
Nickel-catalyzed cross-coupling reactions are experiencing a dramatic resurgence in recent years given their ability to employ a wider range of electrophiles as well as promote stereospecific or ...stereoselective transformations. In contrast to the extensively studied Pd catalysts that generally employ diamagnetic intermediates, Ni systems can more easily access various oxidation states including odd-electron configurations. For example, organometallic NiIII intermediates with aryl and/or alkyl ligands are commonly proposed as the active intermediates in cross-coupling reactions. Herein, we report the first isolated NiIII–dialkyl complex and show that this species is involved in stoichiometric and catalytic C–C bond formation reactions. Interestingly, the rate of C–C bond formation from a NiIII center is enhanced in the presence of an oxidant, suggesting the involvement of transient NiIV species. Indeed, such a NiIV species was observed and characterized spectroscopically for a nickelacycle system. Overall, these studies suggest that both NiIII and NiIV species could play an important role in a range of Ni-catalyzed cross-coupling reactions, especially those involving alkyl substrates.
AI SYSTEMS AS STATE ACTORS Crawford, Kate; Schultz, Jason
Columbia law review,
11/2019, Letnik:
119, Številka:
7
Journal Article
Recenzirano
Many legal scholars have explored how courts can apply legal doctrines, such as procedural due process and equal protection, directly to government actors when those actors deploy artificial ...intelligence (AI) systems. But very little attention has been given to how courts should hold private vendors of these technologies accountable when the government uses their AI tools in ways that violate the law. This is a concerning gap, given that governments are turning to third-party vendors with increasing frequency to provide the algorithmic architectures for public services, including welfare benefits and criminal risk assessments. As such, 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 decisionmaking without any mechanisms of accountability or liability. They fall within an accountability gap.
In response, we argue that courts should adopt a version of the state action doctrine to apply to vendors who supply AI systems for government decisionmaking. Analyzing the state action doctrine’s public function, compulsion, and joint participation tests, we argue that—much like other private actors who perform traditional core government functions at the behest of the state—developers of AI systems that directly influence government decisions should be found to be state actors for purposes of constitutional liability. This is a necessary step, we suggest, to bridge the current AI accountability gap.
Nickel complexes have been widely employed as catalysts in C–C and C–heteroatom bond formation reactions. In addition to Ni(0) and Ni(II) intermediates, several Ni-catalyzed reactions are proposed to ...also involve odd-electron Ni(I) and Ni(III) oxidation states. We report herein the isolation, structural and spectroscopic characterization, and organometallic reactivity of Ni(III) complexes containing aryl and alkyl ligands. These Ni(III) species undergo transmetalation and/or reductive elimination reactions to form new C–C or C–heteroatom bonds and are also competent catalysts for Kumada and Negishi cross-coupling reactions. Overall, these results provide strong evidence for the direct involvement of organometallic Ni(III) species in cross-coupling reactions and oxidatively induced C–heteroatom bond formation reactions.
Herein we report an atom- and step-economic aromatic cyanoalkylation reaction that employs nitriles as building blocks and proceeds through Csp2 –H and Csp3 –H bond activation steps mediated by ...NiIII. In addition to cyanomethylation with MeCN, regioselective α-cyanoalkylation was observed with various nitrile substrates to generate secondary and tertiary nitriles. Importantly, to the best of our knowledge these are the first examples of C–H bond activation reactions occurring at a NiIII center, which may exhibit different reactivity and selectivity profiles than those corresponding to analogous NiII centers. These studies provide guiding principles to design catalytic C–H activation and functionalization reactions involving high-valent Ni species.
Herein we report the synthesis and reactivity of several organometallic NiIII complexes stabilized by a modified tetradentate pyridinophane ligand containing one phenyl group. A room temperature ...stable dicationic NiIII–disolvento complex was also isolated, and the presence of two available cis coordination sites in this complex offers an opportunity to probe the C-heteroatom bond formation reactivity of high-valent Ni centers. Interestingly, the NiIII-dihydroxide and NiIII-dimethoxide species can be synthesized, and they undergo aryl methoxylation and hydroxylation that is favored by addition of oxidant, which also limits the β-hydride elimination side reaction. Overall, these results provide strong evidence for the involvement of high-valent organometallic Ni species, possibly both NiIII and NiIV species, in oxidatively induced C-heteroatom bond formation reactions.
There is a large interest in developing oxidative transformations catalyzed by palladium complexes that employ environmentally friendly and economical oxidizing reagents such as dioxygen. Recently, ...we have reported the isolation and characterization of various mononuclear PdIII and PdIV complexes supported by the tetradentate ligands N,N′-dialkyl-2,11-diaza3.3(2,6)pyridinophane (RN4, R = tBu, iPr, Me), and the aerobically induced C–C and C-heteroatom bond formation reactivity was investigated in detail. Given that the steric and electronic properties of the multidentate ligands were shown to tune the stability and reactivity of the corresponding high-valent Pd complexes, herein we report the use of an asymmetric N4 ligand, N-mehtyl-N′-tosyl-2,11-diaza3.3(2,6)pyridinophane (TsMeN4), in which one amine N atom contains a tosyl group. The N-Ts donor atom exhibits a markedly reduced donating ability, which led to the formation of transiently stable PdIII and PdIV complexes, and consequently the corresponding O2 oxidation reactivity and the subsequent C–C bond formation were improved significantly.
Transcatheter left atrial appendage (LAA) ligation may represent an alternative to oral anticoagulation for stroke prevention in atrial fibrillation.
This study sought to assess the early safety and ...efficacy of transcatheter ligation of the LAA for stroke prevention in atrial fibrillation.
This was a retrospective, multicenter study of consecutive patients undergoing LAA ligation with the Lariat device at 8 U.S. sites. The primary endpoint was procedural success, defined as device success (suture deployment and <5 mm leak by post-procedure transesophageal echocardiography), and no major complication at discharge (death, myocardial infarction, stroke, Bleeding Academic Research Consortium bleeding type 3 or greater, or cardiac surgery). Post-discharge management was per operator discretion.
A total of 154 patients were enrolled. Median CHADS2 score (congestive heart failure, hypertension, age ≥ 75 years, diabetes mellitus, prior stroke, transient ischemic attack, or thromboembolism doubled) was 3 (interquartile range: 2 to 4). Device success was 94%, and procedural success was 86%. A major complication occurred in 15 patients (9.7%). There were 14 major bleeds (9.1%), driven by the need for transfusion (4.5%). Significant pericardial effusion occurred in 16 patients (10.4%). Follow-up was available in 134 patients at a median of 112 days (interquartile range: 50 to 270 days): Death, myocardial infarction, or stroke occurred in 4 patients (2.9%). Among 63 patients with acute closure and transesophageal echocardiography follow-up, there were 3 thrombi (4.8%) and 13 (20%) with residual leak.
In this initial multicenter experience of LAA ligation with the Lariat device, the rate of acute closure was high, but procedural success was limited by bleeding. A prospective randomized trial is required to adequately define clinical efficacy, optimal post-procedure medical therapy, and the effect of operator experience on procedural safety.
Light-harvesting antenna complexes not only aid in the capture of solar energy for photosynthesis, but regulate the quantity of transferred energy as well. Light-harvesting regulation is important ...for protecting reaction center complexes from overexcitation, generation of reactive oxygen species, and metabolic overload. Usually, this regulation is controlled by the association of light-harvesting antennas with accessory quenchers such as carotenoids. One antenna complex, the Fenna–Matthews–Olson (FMO) antenna protein from green sulfur bacteria, completely lacks carotenoids and other known accessory quenchers. Nonetheless, the FMO protein is able to quench energy transfer in aerobic conditions effectively, indicating a previously unidentified type of regulatory mechanism. Through de novo sequencing MS, chemical modification, and mutagenesis, we have pinpointed the source of the quenching action to cysteine residues (Cys49 and Cys353) situated near two low-energy bacteriochlorophylls in the FMO protein from Chlorobaculum tepidum. Removal of these cysteines (particularly removal of the completely conserved Cys353) through N-ethylmaleimide modification or mutagenesis to alanine abolishes the aerobic quenching effect. Electrochemical analysis and electron paramagnetic resonance spectra suggest that in aerobic conditions the cysteine thiols are converted to thiyl radicals which then are capable of quenching bacteriochlorophyll excited states through electron transfer photochemistry. This simple mechanism has implications for the design of bio-inspired light-harvesting antennas and the redesign of natural photosynthetic systems.
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