The Growing Market for Cybercrime

ON THE HORIZON 2020 On the Horizon is a Knowledge and Information Services publication from the National Center for State Courts. © 2020 National Center for State Courts. Some Rights Reserved. CONTENTS 04 20 ST WELCOME THE 21 CENTURY’S HORSELESS BUGGIES Topics | 5 OTH in Brief | 20 Always Innovating | 20 Privacy | 23

06 26 THE COURT THE PROSECUTION WOULD LIKE OF THE FUTURE TO CALL SIRI TO THE STAND

e live in a rapidly evolving world. Domestic and international events “Sharing knowledge have the potential to impact the occurs when people are W genuinely interested in helping way courts operate and the role they play. On the Horizon examines several potential one another develop new influencers that may be five to ten years from capacities for action; it is about having significant impact. By giving courts creating learning processes.” a look to the future and potential issues that may impact the courts, our goal is to give these issues some time and space for thought and proactivity. The beginning of each article includes a bulleted overview of the most important points. These overviews are also available together in an easy print appendix at the end of On the Horizon. THIS YEAR’S TOPICS INCLUDE:

Artificial intelligence working for the courts

Emerging cybercrimes

The iGeneration WELCOME Trials and tribulations of new ways of transportation

“Sharing“ knowledge Artificial occurs when people are intelligence’s genuinely interested in helping integration into everyday life one another develop new capacities for action; it is about creating learning processes.”

Peter” Senge ON THE HORIZON THE COURT OF THE FUTURE

he ever-evolving world of technology is rapidly changing the way we interact with the world around us. As many aspects of daily life move from the physical realm to the digital realm, OTH IN BRIEF the way we communicate and work is also Tchanging. Along with the growth and development of new • Artificial intelligence, AI, has come technology, we are likely to see an increased presence of a long way since Clippy or the early social robots changing the way we communicate and who, days of Siri but is still developing. or what, we communicate with. These areas may grow by leaps and bounds over the next decade, and the courts will • AI has the potential to drastically need to respond to these changes. change courthouse operations replacing humans in some cases and offering services previously The Virtual AI Assistant unavailable in others.

Before Alexa and Siri there • Estonia is experimenting with was Bonzi and Clippy. Sure Bonzi replacing judges with AI. was ad malware and Clippy had a tendency to pop up at the most • New Mexico is testing Clara, a inopportune time, but these were virtual receptionist with a welcoming some of the early smart computers animated figure to interact with as intended to help us navigate she helps with directions, FAQs, and the virtual world. In October forms. 2011, ten years after Clippy’s • Social robots are being used more official retirement, the world was frequently in other countries. introduced to Siri.1 YouTube • Social robots are common in Japan, where they act as assistants taking care of the ill, working security, and handling housekeeping tasks.

• Researchers are working on teaching social robots to detect emotion and express empathy.

• AI assistants or social robots have the potential to increase access to justice.

YouTube

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Only four months later, over 60 percent judge may not satisfy this need. Whether people would of iPhone 4S users were using Siri several times still have faith in the system and feel as though the a week.2 Ten months after Siri was announced, government cares and is listening to them if human Scientific American told us to forgive Siri’s still judges are replaced with AI remains to be seen. developing voice technology and marvel in her assistant capabilities; Siri was the future.3 Author David Pogue was right. While people were hesitant talking to a robot when Siri first introduced herself, by 2018 research showed people were comfortable revealing personal information to robots, so long as the robot was cute and unimposing.4 The market has already responded to the shift in attitude; manufacturers are focused on developing AI specifically for the purpose of legal transcription.5

In the United States AI is still sparce in government applications, but in Estonia AI is replacing government workers and even judges.6 In theory, by delegating menial tasks to robots, employees can focus on more meaningful work. A robot judge may seem incapable of replicating the considerations made by human judges, however, Estonia plans to use robot judges to “[adjudicate] small claims disputes” to clear their dense backlog Santa Fe New Mexican of cases.7 Replacing judges with AI is not without concern and has the potential to disrupt the justice New Mexico’s First Judicial District Court is system in major ways. Judges currently exercise taking steps to explore AI in the American courts. a fair amount of discretion, meaning they take into They are keeping the judges but adding Clara, a consideration the circumstances and background virtual receptionist.9 Speaking four languages and of a case before making a final ruling. In contrast, described as having curly brown hair and warm robots are much more methodical and may not be brown eyes Clara’s goal is to make the courthouse able to provide the empathetic responses which we less intimidating and more accessible. For now, Clara expect from human judges. Furthermore, artificial is limited to giving directions, answering frequently intelligence has been proven to replicate some of asked questions, and emailing forms, but there are the worst qualities of human judgment, such as big plans to expand Clara’s skills as well as her ability racism and sexism.8 to interface with the court’s system.

While human beings are inherently imperfect, Proponents of AI technology like Clara cite creating machines that replicate these negative the range of possibilities for language and audio stereotypes could be dangerous for our society. There translation technology. Translating services such as is also the question of how the public will perceive Google Translate already use similar technology to nonhuman judges. The foundation of the U.S. justice translate hundreds of languages, making it easier system is based on the principle that the citizenry for people to communicate and connect.10 However, generally believe the courts to be fair, just, and there are concerns the current systems do not do impartial. Additionally, people like to have their day in enough to protect user privacy, and the potential for court and feel as though they have been heard, a robot error created by AI systems is still too great.11

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been deployed in several hospitals to assist with The Rise of Social the crisis, providing virtual triage to sick patients.17 Though social robots are new and still evolving, there Robots is already a growing dependence on this new form of The age is the Jetsons is some 42 years off. technology.18 In the future social robots will likely be Their promised flying cars may be even further down able to answer a myriad of different questions and the horizon, but robots not all that dissimilar to Rosie, will likely be capable of detecting different human the Jetsons’ maid, are already here. These robots take emotions and comprehending empathy.19 the voice assistant AI a step further by interacting with the physical world. Our fascination with robots traces back to 1920 when Czech writer Karel Čapek first used the term.12 Seven years later the first humanoid robot, Herbert Televox, arrived.13 Herb could only pick up the phone but a hundred years after Čapek, robots have taken on many forms.

YouTube There are many examples of social robots already in use. One such robot is named Pepper. The Medical Futurist Team describes Pepper as charismatic, funny, and very helpful.20 Pepper can identify and respond to human emotions as well as an array of questions and is already being used in mobile phone stores and two hospitals functioning as a receptionist and information assistant.21 Pepper has some competition from Sophia, a highly complex robot Social robots, or “digital, autonomous robots with human-like looks, facial- and voice-recognition that are designed to independently interact and communicate with humans,” are already widely used in Japan and China.14 These robots function as virtual human assistants who help to check people in at airports, take care of the elderly and sick in nursing homes and hospitals, reinforce existing security, and even perform housekeeping services.15 In the United States, social robots are being deployed to help police parks, present facts about diseases to patients, monitor department store aisles, and guide courthouse visitors.16 This type of assistance has become even more useful in the face of the COVID-19 epidemic. Robots have YouTube

8 | NCSC 2020 software, and higher-level sophistication than the average AI machine.22 Like many other first-generation assistants, Pepper and Sophia have many technological and social hurdles to overcome, but their future models may change the way we interact with each other and the world around us.

In the future, every courthouse might be staffed with social robots available to answer questions about the building itself, specific litigation, or how to fill out basic paperwork. The robots may even be able to answer basic legal questions and help pro se litigants navigate presenting their case. These robots may be equipped with a diverse set of languages to increase accessibility and help more people connect with the justice system.

Whether confined to a screen or physically manifested, AI actors are being developed to assist humanity. Understanding the technology and society’s view on AI will go a long way in helping the courts make informed decisions on how and when to institute which types of the technology to best leverage their advantages for the judicial branch. Hi, I’m your court-appointed translator.

OTH | 9 ON THE HORIZON THE NEW TOMBSTONE: Identifying the Cybercrime Schemes of the Digital Age Clanton Gang

he old Wild West saw the Earps battling crimes such as disorderly conduct, rustling, selling whiskey, and cheating at cards.23 The modern digital frontier is just as wild as the one the OTH IN BRIEF Clanton Gang once roamed, only criminals have Tgreater access now than ever before. Much like the West of • Cybercrime is predicted to reach 7 yore, the laws of the cyber world remain murky or untested— percent of the Global GDP by 2021 or simply do not yet exist. The now familiar hacking and phishing schemes are only the tip of the iceberg, and grow • In-home cameras are being accessed more sophisticated each day, only to be joined by a multitude by criminals who are watching, and interacting with their victims, who in of cyber-based crimes that have never been brought before some instances are children. the court. As society waits for the legislatures to catch up, the duty will fall upon the courts to apply justice within the » Log-in details being sold on the existing framework. To do that, courts need to be familiar dark web may be contributing to with this new frontier. this problem. • Popular apps are being used by foreign governments to collect The Growing Market for information on U.S. citizens.

Cybercrime • Popular apps may be collecting protected information on children Two factors have hindered legislation from keeping or give predators easier access to pace with cybercrimes as they emerge. First, technology is children. evolving at a pace that far exceeds what legislatures can keep up with. Second, there is hesitance to regulate for fear of • Smart devices in cars, including AI, stifling innovation.24 This adds up to tension building from the Internet connectivity, and even radio increasingly interconnectedness of our world as the showdown frequencies, provide points of entry at the O.K. Corral looms, only this time the corral is a court for criminals to take control of the room and the six shooters are flurries of briefs and motions. vehicles. The tension stems from digital devices’ continued integration • Social media influencers are using into our daily lives. In the United States, nearly 81 percent of their children to gain fans and to tap adults own a smart phone, and 83 percent of people aged 13 into the eight-billion-dollar industry and older use social media. As of 2018 more than a quarter where children do not have the same of U.S. adults owned a smart speaker, and in 2019, 18 percent protection as child actors. This is of those surveyed owned a video doorbell.25 More people raising concerns from privacy to connected online may mean new and expanded opportunities physical safety. for cybercrime, with the costs of such crime projected to reach 7 percent of the global GDP by 2021.26 This means people will • Companies are trying to claim be seeking justice, and the courts need to be ready. ownership of your online activity.

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being found out. Unsecured systems are not the only Every Step You Take, ones at risk. With many people reusing passwords, and compromised logins being sold on the dark web, Every Move You Make, an unregulated part of the Internet, a victim’s system access could be bought, sold, and used many times App Be Watching You over before they ever learn of the violation.28 The rich Criminals are smart, and they are using resource that is personal data can be taken from devices against consumers, no longer needing to anywhere and sold on the dark web; even professional rely on physical access to cause a broadening array virtual meeting platforms are not safe.29 A study of harm. People with Wi-Fi connected monitoring done by Terbium Labs found that fraud guides, which cameras are reporting their systems are being describe in detail how to access and use personal compromised, and are unsettled to discover hackers information, are by far the most popular item sold on are able to watch live video streams of their homes. the dark-web markets.30 Hackers are even toying with victims by speaking through the camera’s audio. One such hacker used This type of privacy invasion is not limited a family’s Ring security camera to gain access to a to the stereotypical hacker; other nation states child’s playroom, using the camera’s audio to scare can be involved. Tech company Huawei, a maker the child by playing music and speaking with the of telecommunications equipment and seller of child unbeknownst to the parents in the next room.27 consumer electronics and smartphones, has been under U.S. government scrutiny for most of the last With children already being targeted, it is easy decade for privacy and espionage concerns related to to conclude these cameras could be used to usher the Chinese government.31 The issue came to a head in a new age of child pornography and sex crimes. in May 2019, when President Donald Trump signed Adults could fall victim to similar uses of the cameras, an executive order barring U.S. firms from buying with the technology adding new layers to domestic Huawei equipment, later extending the order in May violence and stalking, giving offenders a whole new 2020 and declaring a national emergency over the level of control to watch and harass victims without threat of privacy and national security.32

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Likewise, Zoom, which rose to prominence during the coronavirus pandemic, also raised security concerns. The creator of Zoom holds dual U.S. and Chinese citizenship. That alone would not be enough to raise security concerns, but security experts began waving red flags when Zoom admitted U.S. and other based calls were being routed through China.37 This meant that a call that took place entirely within the U.S. was being sent through China. What made this concerning was Chinese law allows the Chinese government to demand the encryption keys from Zoom, giving China the ability to listen in on any of the Zoom calls.38 As a result, many governments and businesses, including the Pentagon, NASA, and the Foreign government interference extends German Ministry of Foreign Affairs banned Zoom. beyond foreign-made devices to foreign-based The U.K.’s National Cyber Security Centre ruled Zoom apps. We already know apps collect and sell data should only be used for public business, and the U.S. on users, and an unknown app poses the potential Senate advised against the use of Zoom for Senate of containing a virus, but what happens when a business.39 seemingly legitimate app used by millions of people in the U.S. may be directed by a foreign nation Concerns over Zoom and TikTok also exist state? This issue gained worldwide attention in on a smaller scale. Both applications have raised the case of the popular app TikTok. Owned by the concerns similar to those of home cameras. TikTok Chinese company ByteDance, TikTok is driven by came under fire for drawing sexual predators to the AI technology and user data, using an algorithm to app, as well as for being sued in 2019 for collecting 33 present directed content to its young users. personal information from kids under the age of 13 from the company’s other similar app, Musical.ly.40 ByteDance is suspected of partnering with Zoom was forced to defend the platform against Chinese authorities, aiding in the use of collected “Zoom bombing,” in which outsiders gained access personal data to help monitor Chinese citizens.34 Experts are increasingly concerned with how the to meeting IDs, joining private meetings and creating app interacts with Americans. In December 2019, disruption. Zoom also had to quickly update and the Pentagon issued a warning advising active-duty rewrite parts of its privacy policy after it discovered and civilian employees to delete TikTok from their that users were susceptible to access of personal phones and blocked the app from government- information used by ad companies to target specific issued devices. The U.S. Army banned TikTok from ads to users, in addition to easily accessed personal military personnel smartphones, telling those in ID numbers and passwords, which Zoom bombers 41 ownership of devices to remove the app as a result of have taken advantage of. Additional legal questions privacy concerns, as data collected by the app may were raised after police searched the home of a fifth- be also in the hands of Chinese Communist Party grader after a BB gun was spotted by another parent officials.35 These issues are being tackled by the FBI, during a Zoom class, raising questions not only the Department of Defense, and other government about privacy but also about whether the rules and authorities and will continue to be dealt with as apps regulations of the school grounds extend to the home like TikTok and bugged smart devices become a large during distance learning.42 part of our modern lives.36

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encryption flaw.45 These radio-enabled keys allow Assessing for a hacker to use radio transmitters to gain access to the key fob, clone the encryption key with an RFID Responsibility device, and disable the immobilizer, which prevents the car from starting without a key near it.46 With the When Sophisticated future of high-tech cars just on the horizon, we may be looking at a boom in car hijacking without any Computers Are physical intervention of a driver.47 In 2011 University of California researchers were able to disable a Involved car’s brakes, change the speedometer reading, and lock doors by wirelessly connecting to the car’s diagnostic computer.48

Similar to cyber-jacking of automobiles, the potential to hack airplanes and hotel rooms, and any other system which uses the Internet or a communication system, is possible. The modulation in bank robberies is a great example of a crime that has mainly shifted online, as the number of “cyber- heists” has surpassed the number of physical break-ins of banks.49 Capitalizing on the possibility of biometric authentication in our future, as well as Wi-Fi-enabled wearable technologies and internal medical implants, cybercriminals may be able to take advantage of these devices and use them against us. With the capabilities of such emerging advanced technologies, cybercriminals may be able to hack into personal devices to steal data, money, automobiles, or even use personal technology to threaten a Phones, personal computers, and cameras person’s health and physical wellbeing by hacking are not the only personal technology vulnerable to a connected medical device, such as a Wi-Fi- or cybercriminals. Computerized display boards, radio- Bluetooth-connected pacemaker or insulin pump.50 enabled keys, self-driving functions, and touchless engines and brakes of self-driving cars have huge The Internet of things allows criminals to be potential for hacking. One point of vulnerability geographically separated from the location of the crime is the entertainment computer system. Another and will add a layer of complexity to civil and criminal is high-tech systems, such as Tesla’s advanced cases. There will be battles over jurisdiction and venue. self-driving system. These high-tech systems, like Experts will be needed to explain the complexities of Tesla’s infotainment or Ford’s SYNC, connect to the crime or dispute. The possibility that a system and rely on cellular internet data to function, giving was interfered with will be introduced to create those with ill intent a potential access point into reasonable doubt. Additional parties will be brought the vehicle.43 Vehicle voice command functions into the litigation as those possibly responsible for the have also proven vulnerable to hacking.44 Even the vulnerability that allowed the access, adding to the smart key is vulnerable to criminals. A study done by complexity of the cases. All of this increases the time the University of Birmingham found that cars with and the cost of trying these cases. radio-enabled keys made by Toyota, Hyundai, and Kia may be vulnerable to hijacking due to a simple

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directions for their YouTube content.54 In recent years Do You Own Your the legal protections that safeguard traditional child actors were extended to reality TV participants, but Data? those protections do not extend to child social media The debate over privacy rights almost influencers or content producers, setting up the 55 always includes privacy in relation to social media, potential for a modern day Shirley Temple scenario. particularly when it comes to social media influencers The issue of child influencers raises the question of (influencers). One type of influencer that is on the rise who owns the rights to a child’s privacy. and likely to appear before the courts is the parental Another concern is what becomes of the data or family influencer. Sometimes called mommy we produce daily. Companies are mining and selling bloggers, these influencers gain followers, another personal data, often without permission from users. term for fans, by producing content that relates to Clearview, an AI tech company, made headlines for parenthood or their families. It may be a tweet about culling images from social media to use for their AI ridiculous things their children say, an Instagram platform, which identifies people for law enforcement video of their child reenacting the latest scene from a and businesses without permission of the individual. popular show, a Facebook live stream of them trying Hundreds of law enforcement agencies and a handful to teach their child Common Core math during the of companies have begun using Clearview’s facial pandemic, or a YouTube channel full of the parents recognition technology without much public scrutiny. pulling pranks on the kids, to name a few examples. These systems are not subject to review and can have a lasting impact on those wrongly identified and Influencers gain followers by sharing content detained, not to mention the possibility of weaponizing people want; the more followers they have, the more such technology.56 advertising dollars and sponsored products they can command. This type of influencer requires constantly Images are not the only data companies are sharing sometimes very personal information about trying to capitalize on and profit from. Disney recently their kids or putting their kids in embarrassing or faced scrutiny for laying legal claim to anything using sometimes even harmful situations. Influencers who the hashtag #MayThe4th. May 4th has been turned advertise products created a new form of product into a holiday by fans of the Star Wars franchise, a placement, making influencing a $6.5-8 billion dollar play on the franchise’s popular phrase “May the Force industry in 2019 and projected to grow to $15 billion be with you,” and a hashtag is a way to identify social by 2022.51 As this type of influencer has become media messages on a particular topic, the modern more popular, questions and concerns have been equivalent of subject headings on card catalog cards. raised not only about the children’s immediate health The holiday and hashtag were created by fans. On this and safety but also about the long-term impacts.52 year’s celebration of the Star Wars movie franchise on May 4th, Disney asked fans to share photos In one case, a mommy blogger faced and messages on social media using the hashtag backlash after she continued to include photos and #MayThe4th, a hashtag created by fans well before descriptions of her children in her posts, after her Disney participated in the celebration. Disney then child requested to be left out. She noted that her told fans that by using the hashtag they thereby blog revolved around her children, and she would agreed to the use of their message, their account continue to include them despite her children’s name, and Disney’s terms of use. Fans were outraged, 53 wishes. Another more serious case saw a mother and legal experts agreed Disney was overreaching, in Arizona arrested for child abuse after being but this is probably the first of many times people or accused of withholding food, water, and bathroom organizations try to attach a legal right through people access from her children when they failed to follow interacting with them on social media.57

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cases as they appear not just across the country, The Effect on the but around the globe as novel issues are confronted. As technology continues to expand into new areas, Courts cases that have become commonplace and are now The frontier has gone digital, and a new bevy considered simple will shift to be more complex. Case of crimes has come along with it. Cybercrime will management systems and caseload assessments continue to change and develop with breakthroughs will be needed to ensure resources and personnel are in our technological landscape. Every area of the law adequately available and distributed to handle these from copyright to murder and everything between and more complicated cases. There is also likely to be beyond will be touched. The continued integration some confusion as to what justice looks like when of technology into our lives is unlikely to leave any the players are no longer clear, with the public looking crime without a technological component, and courts to the courts to explain how justice works in this must understand how these technologies impact the more complex world. There may also be a need to pursuit of justice. This will require staying abreast develop specialized courts dedicated to cybercrime of technology and how people use social media to prevent complex technology-related cases from and being diligent in following the first-impression tying up the court system.58

OTH | 15 ON THE HORIZON PREPARING FOR THE IGENERATION AND GENERATION ALPHA

rior to the iGeneration a generation spanned roughly 25 years, allowing employers a comfortably period of time to adjust to a new generation of employees with unique needs OTH IN BRIEF and expectations. However, the frequency of Pnational events, spaced about a decade apart, coupled with • The iGeneration was born between rapid technological change, has sped up the rate at which a 1995 and 2009. new generation is created. The Greatest Generation, now in dwindling numbers and long retired, spanned 1901-1924.59 • The events that define a generation The Silent Generation, also mostly retired, spans 1925-1942. influence their motivations and needs The bulk of the current workforce now consists of Baby in the workplace. Boomers (1943-1960), followed by Generation X (Gen X, • There are more people in the 1961-1981), straddled by the Oregon Trail microgeneration iGeneration than there are Boomers or occupying the late 1970s to early 1980s, caught between Millennials. the technology that was the norm for the generations before and after them, and then Millennials (1982-2004).60 • The iGeneration: The iGeneration those born between 1995 and 2009, are » Born between 1995 and 2009. just entering the workforce, and Generation Alpha, those » Is tech based. They can born after 2010 will be hot on their tail. Each generation find anything online and brings with them a unique set of issues, behaviors, and prefer video instruction. characteristics that differentiate them.61 » Is more prone to anxiety and depression. Work place motivations are forged by the unique » Has shorter attention spans. experiences of each generation. These experiences become » Prefers collaborative teams defining traits that impact not only how the generation to independent work. best performs, but also how they interact with the other generations.62 Knowing who the next generation is and » Has less experience than the generations before them. what motivates them is important in obtaining and retaining employees. For GenX, this was establishing a work-life » Lacks critical analysis skills. balance; for Millennials, work culture was the motivator. • Generation Alpha: If their current employer does not embrace technology, » Born after 2010. offer flexible schedules and time off, and provide training, » Has always had a portable mentoring, and feedback, the Millennial employee is willing digital device. to move on, a significant departure from the “you stay with a » Is creative but will lack company until you earn your gold watch” attitude of previous critical reasoning skills. generations.63 While employers continue to learn to manage Millennials and merge them with Gen X and Boomers, the » Is unlikely to attend traditional universities. iGeneration has come of age and is entering the workforce, raising the question, who is this new generation?

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Making up one quarter of the population, This generation consumes information there are more people in the iGeneration than there by switching between platforms and devices are Boomers or Millennials.64 GenZ, Zoomers, or the and prefer imagery to words.70 Their relationship iGeneration are those born after 1995, who have with social media and technology has resulted in grown up in the digital age and have never known “underdeveloped social skills, a shorter attention a world without the Internet.65 Show them a card span, and a greater expectation of quickness catalog and they will blink at you in confusion, but and convenience [as well as] higher rates of this generation can find almost anything on Google. anxiety, depression, loneliness, and suicide.”71 The iGeneration’s teachers noticed the impact constant The iGeneration grew up during the Great access to technology has had. Over 85 percent of Recession impacting their values, ideas on finances, teachers agree that the iGeneration student is easily and political opinions.66 The iGeneration is more distracted, a result of the on-demand technology tech based than the generations who came before always within reach.72 them, closely follows geopolitical events, and is skilled at finding information.67 “Compared with The teachers are not just imagining these differences; technology is changing the brains of the 64% of adults overall, 81% of iGens identify money iGeneration from those who came before them. The as a common stressor. They report experiencing human brain is malleable and somewhat subject stress/anxiety about national news events such as to change based on environmental demands.73 mass shootings (75% identify these shootings as Digital devices have been proven to neurocognitively a significant source of stress), increasing suicide alter the brain just through the repeated use of a rates, climate change, immigration separation and smartphone’s touchscreen interface.74 In 2017 Hyung deportation, and sexual harassment.”68 Perhaps Suk Seo, M.D., professor of neuroradiology at Korea because of the financial, political, and societal University in Seoul, South Korea, reported his findings disruptors that have occurred during their life time that Internet and smartphone use was producing the iGeneration is generally more pessimistic, less addiction chemicals in the brains of some of the 69 confident, and less independent. tested teens.75 The offending neurotransmitter can cause in increased drowsiness and anxiety.76

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Boomer generation of officers is described as strongly valuing organizational loyalty, GenX prefers to empower their juniors, Millennials do not mind change, and the iGeneration use digital networks to gain context and information but lack hands-on experience.81

In fact, more of the iGeneration are “graduating high school without ever having held a job, dated, had sex, or tried alcohol” and are learning to drive a car later than the Millennials did.82 As an effective leader must not understand only their own personality, but the personalities of those they oversee, it is important for court leaders to understand the context in which the iGeneration learns.83 The iGeneration is inherently comfortable with reading, watching, and interacting in an online environment and are particularly skilled Furthermore, studies have shown that at finding any information they need online.84 The disengaging from the real world in favor of the digital iGeneration has a good work ethic, but fears making one results in the same cognitive decline as that mistakes.85 They learn best by observing, researching, experienced in association with age related reduction and collaborating and are more receptive to being 77 in engaging lifestyle. Children with more screen mentored than being ordered.86 This is due in part to time have structural differences in the regions of a preference to brainstorm ideas, consider a problem the brain that support language and literacy skills from multiple perspectives, and then obtain consensus including imagery, mental control, and self-regulation, on the best solution.87 However, this generation tends raising questions as to whether there is a long-term to lack critical analysis skills.88 As such, courts would 78 neurodevelopmental risk. Research has also shown be wise to anticipate ways to develop critical analysis that digital readers absorb and remember less than skills among their new iGeneration employees by those who read from a physical page and score lower encouraging them to critically think and write.89 New 79 on empathy. As such, employers cannot just expect hires should also be assigned or encouraged to find a the iGeneration to buckle down and behave like those mentor. Establishing teams for iGeneration employees who came before them; the iGeneration’s brain is to collaborate with may yield the best work results. actually different than their older co-workers. This also means that high-stress organizations, such as the court system, may need to increase their wellness programs and commitment to the mental health and wellbeing of their employees to meet the needs of the depression- and anxiety-prone iGeneration.

The military provides a unique opportunity to examine the different generational perspectives. The military currently has four generations of officers: Boomers, GenX, Millennials, and the iGeneration. These generations each have their own perspectives shaped by their generation-specific experiences.80 These differences can lead to conflict. In terms of the Army, the Optometry Divas

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Having always had smart tools in their Generation Alpha: hand, Generation Alpha’s minds will be structured Younger and the tech differently, being more akin to AI robots and quantum computers than conventional human reasoning.97 hungriest generation yet Because of their reliance on technology for all aspects of their lives, Generation Alpha will be better at “assimilating a compilation of different types of information from watching one single video compared to a Millennial.”98 iGeneration in the Courts The coronavirus is forcing the courts to rapidly shift how they interact with their workforce, taking the courts virtual. Although the iGeneration is new to the workforce, they may be particularly adept at helping the court adopt and thrive in this new norm. As courts bring on the iGeneration they should anticipate areas of likely conflict. The high stress and vicarious trauma that often occurs in courts is likely Closely on the iGeneration’s heels is to be felt acutely by this generation. Additionally, Generation Alpha—those born after 2010.90 They courts are notoriously slow to adopt technological have always had a digital portable device, being changes. This is likely to result in frustration for both born the same year the first iPad was launched, and the iGeneration who may see the court’s practices “are less proficient in practical skills, assessing and and procedures as being archaic and updating at approaching risk and setting and achieving goals.”91 an excruciatingly glacial pace, whereas the older Generation Alpha is more global and creative but generations may bristle at pressure from these new somewhat lacking in critical reasoning skills.92 employees to institute procedures and technologies They prefer watching a video to reading an article.93 that do not have a long history of reliably working for The Alpha Generation is predicted to be the most the courts. The iGeneration is also more likely to want formally educated generation, but they will not be to work as a team, sometimes through technologies attending a traditional university.94 Gen Alpha will that are foreign to current court employees. This be less inclined to pursue general education college may frustrate those who work more independently degrees, or a college degree at all.95 Emboldened or are irritated by the need to add these technologies by the tech startup founders who did not pursue or into their daily routine. The courts should anticipate complete college educations, Generation Alpha will contending with two generations demanding a more seek a much more custom education than traditional flexible work environment. This will include push college degrees provide.96 As such, minimum back against the concepts of required work hours degree requirements and the use of AI to weed out and in office locations in favor of flexibility so long applicants based on how closely they meet these as deadlines are met. The iGeneration is here. Is your degree requirements may further reduce an already court ready? limited applicant pool for court employee positions. Thus, applicant screening pools or job requirements may need to be retooled to ensure otherwise qualified applicants are not being excluded.

OTH | 19 ON THE HORIZON THE 21ST CENTURY’S HORSELESS BUGGIES How New Ways of Getting Around Change Society OTH IN BRIEF • Each time a new mode of transportation has been introduced and becomes popular, there have been battles on how to share the roads and walkways with the existing transportation.

• Dedicated lanes by transportation time may alleviate some of the conflict.

• Artificial intelligence, AI, is piloting everything from drones to delivery robots and cars.

• AI is still buggy and can cause confusion or put people at risk when the AI tries to interact with the real Online Bicycle Museum world.

• Human jobs will be displaced by AI Always Innovating vehicles, this will change the types of crimes seen. he first wheel and the first time a horse was ridden both occurred sometime around 3500 • AI vehicles rely on cameras to operate, B.C.99 By the late 1800s Britain had one creating a wide surveillance network horse for every ten people, America had one and raising privacy concerns. horse for every four people, and Australia Thad one horse for every two people.100 As the century wore on, new methods of travel began to emerge. With travel by car resulting in only 20 fatalities per terameter (1,000,000,000,000 meters), compared to the 180 fatalities per terameter for horseback riding, maybe it was no surprise that horses and horse-drawn vehicles found themselves banned from streets where cars were now free to roam, especially as the cost to own and operate a vehicle dropped below the cost of the equine models.101

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But before the car took over, another mode of transportation demanded some attention. On June 6, 1842, Kirkpatrick MacMillan, the gentleman son of a blacksmith and inventor of the modern pedal driven bicycle, mounted his geared dandy horse and set out for Glasgow, Scotland.102 Two days later, MacMillan reached Glasgow, where, upon maneuvering his bicycle through a crowd on the pavement, MacMillan was involved in the first bike accident.103 Sixty years later in 1901, “the first modern car in all essentials,” the Mercedes, had yet to turn its first corner when two modes of transportation once again faced off.104 On the streets of New York City, Henry Wells, behind his horseless wagon, came head to head with YouTube bicyclist Ebeling Thomas. This time the bicyclist was innovative way to avoid street traffic and the difficulty the loser, and Thomas was left with a broken leg.105 of finding a parking spot. While Segway struggled to These early battles resulted in disputes over access, gain traction with individuals, it has effectively been right of way, and liability for damages, disputes integrated into the tour industry. that were often settled in court. Over the decades these disputes settled into well-worn routines with The Segway is not the only advance in bi- predictable outcomes and fault established by the wheeled transportation. Electric scooters, like those numerous similar cases that came before them, but manufactured by Lime, Bird, Uber, and Lyft, have technology is interrupting those precedents. been taking over metropolitan areas across the world. A Baltimore newspaper called a new mode of transportation “a curious two-wheeled device... which is propelled by jackasses” while a New Haven, Connecticut, newspaper encouraged people to “seize, break, destroy, or convert to their own use as good prize, all such machines found running on the sidewalks.”106 Those Baltimore and New Haven newspaper articles are from over a hundred years ago when people were decrying the swarm of bicycles invading their towns.107 This same sentiment has been expressed about electric scooters. Although these vehicles are easy to access and ride, they have created many obstacles for both cars and pedestrians. Scooters are meant to be parked on sidewalks where people can easily find them, but this YouTube can be problematic for pedestrians when pathways are overcrowded. Some cities banned rental scooters New vehicles are once again being introduced entirely because they are so controversial.108 They to streets and sidewalks, changing the way traffic take up space, disrupt the regular flow of traffic, flows in cities and bustling suburban areas. One of and are difficult to regulate. Just as they did with the early advances as we moved into this new age MacMillan in the first days of the bike, courts are of vehicles and getting around was the Segway, a being called upon to step in and resolve disputes. two wheeled, self-propelled machine proposed as an

OTH | 21 ON THE HORIZON

New lanes, regulations, and legislation will take time, but self-driving cars are already being tested on the roadways, drones are delivering medical supplies by night, and grocery robots are approved to hit the streets in Houston.109 In other cities autonomous delivery vehicles have been fighting pedestrians for sidewalk space or elbowing their way into FAA-controlled airspace.110

YouTube

In the U.S. and abroad, as new modes of transportation were developed and adopted authorities were forced to grapple with a way for multiple modes of transportation to coexist. One solution was the advent of a designated lane for bikes, a sidewalk for pedestrians, driving lanes for cars, HOV and HOT lanes, and even lanes specifically YouTube designated for commuters who take the bus. Another way was to limit the area types of transport are The coronavirus is giving us a glimpse into permitted to operate within, such as prohibiting how autonomous vehicles may be integrated into commercial trucks on some roads or banning our everyday lives. As U.S. cities have implemented bicycles on superhighways. Horses are limited to stay-at-home orders, autonomous vehicles stepped certain streets and roadways as appropriate for that in to transport groceries and medical supplies in a community. Electric scooters, bicycles, and walking sanitary, contact-free manner, and were even rolled are banned on super-highways. Electric scooters and out to help medical personnel. In Los Angeles people bike-share programs are further limited to certain could have their Chick-fil-a craving satisfied without regions within cities. Or where various modes of ever leaving the house.111 In China, autonomous transportation are permitted to share a roadway, vehicles were used to deliver food and medical rules define permissible behavior for each mode supplies to infected areas without risking human of transportation. Pedestrians have right of way in exposure.112 The quick switch to the new mode of a roadway, but only when crossing at a crosswalk transport revealed some of the hurdles still present with the light. Bicycles traveling outside of bicycle with the technology. lanes must obey the rules of the road as established for cars. One hurdle for autonomous vehicles is AI vehicles require complex mapping and determining how can they coexist with existing video systems to function, but this software is prone modes of transportation. If automated vehicles to making mistakes. AI is often used to transport humans and products, but it relies on preestablished become more mainstream municipalities may need maps to do so. Unfortunately, maps are not always to consider a new AI only lane, which permits the correct, and this could cause all kinds of issues for vehicles to operate without interference from human- consumers. Without direct human involvement it controlled modes of transportation. may be difficult or even impossible to correct AI gone awry in real time. For example, one woman found out

22 | NCSC 2020 that her home address showed up as two different The transition from human to AI is locations on Google maps.113 This created problems characterized by some as a new industrial revolution. for her Uber rides, deliveries, and even friends and As history teaches us, industrial revolutions change family. Or that Chick-fil-a autonomous delivery pod, the type and number of jobs available as machines it glitched, causing one hungry California to chase take over jobs from people. There is debate about his chicken for half an hour before finally conceding whether this brings an increase in crime. One area defeat.114 Imagine a scenario where a machine where historians agree is that the types of crimes or series of machines are solely responsible for change. During the late 1800s industrial revolution ensuring a delivery reaches its destination without in Britain, as people moved to the cities, trains the aid or oversight of a human. What happens if started crisscrossing the nation, goods were stored medical supplies never make it to their intended in abundance, fortunes were made and lost, and destination or if an autonomous vehicle brings a new workforce and standards were set. New crimes litigant or witness to the wrong address across town, and criminal patterns emerged requiring the police, causing them to miss a hearing? Is the passenger and the courts to determine how to protect, deter, to blame or will the court hold the AI vehicle in and punish in the face of these new crimes.118 For contempt, giving it personhood and barring it from example, today courts are well versed in dealing with accepting rides to the court? hiring and employment discrimination litigation when it is perpetrated by humans, but what happens if Integrating AI transportation into our lives machines are making the decisions?119 has impacts that reach far beyond the roadway. With the introduction of autonomous vehicles comes the replacement of many human jobs. If cars become fully driverless, then taxi, Uber, and Lyft drivers become obsolete. Similarly, over two million people who are employed in the truck transportation industry may lose their jobs.115 City and school bus drivers potentially could be replaced as well as train conductors, subway operators, and others. In time, the public could come to prefer a robot pilot over a human one.116 Replacing people with machines does have its benefits. For one is the cost of supporting a human employee over the course of a year. Another is that humans have a certain number of hours they can work a day. People are also subject to unexpected National Archives interruptions in the workplace. They could abruptly leave a position, get sick, or need to attend to a child; there is also the cost of training, salary costs, and Privacy in the Age of human error. Machines, on the other hand, have predictable hours of functionality that on a daily basis Autonomous Vehicles exceeds those of humans and are generally thought In addition to the challenges of dealing with to be above human error. While they are costly now, unforeseen errors, drones, delivery robots, and that cost could go down as the technology becomes other AI machinery present privacy concerns for more abundant; however, as the Boeing 737 Max pedestrians and property owners. This machinery autopilot failures demonstrated, machines are not relies on cameras to operate, but does not require immune from unanticipated failure.117 consent from individuals who may not want their

OTH | 23 ON THE HORIZON comings and goings on the street or outside of their potentially be used to fight or avoid crime, the data homes recorded.120 Similar technology is already also have the potential to facilitate crime. For one, in widespread use for home security, such as the there will be massive amounts of data that will be Ring camera. When news broke that Amazon, owner difficult to regulate, hindering attempts to protect of Ring, had partnered with hundreds of police people. For another, the data is vulnerable to being departments across the country and encouraged hacked and used for blackmail against anyone from individuals to report suspicious activity online via an the average individual to heads of industry and state. app called Neighbors, people began to worry about A common scheme today is to mass email people privacy and civil liberties that may be abused by this claiming to have video of them in compromising system.121 Amazon has testified it will only release situations obtained by hacking their device’s camera. the video with the owner’s consent or by appropriate A ransom is then demanded to prevent the release of legal measures, but some police departments say the camera. Having a network of cameras watching Amazon has procedures in place to release the data people’s every move everywhere they go throughout without homeowner consent; Amazon denies this the course of their day could make such scams easier claim.122 Another concern is that the use of these for criminals to perpetrate. Furthermore, as was cameras as a networked surveillance system can discovered with body cameras, more data creates a exacerbate racial profiling.123 This concerns has greater burden on all parties and the courts to try and gained national attention after a young black man review all possible camera angles. This will require was killed in Georgia following reports of break-ins additional resources for courts and public defenders. in the area and home-security-camera footage of an unidentified black man walking through a home under construction.124

NBC12 Just like the introduction of cars in the late C-SPAN 1800s, the emergence of autonomous vehicles will While Ring cameras are fixed, the cameras bring a host of disputes that the courts will need to on autonomous vehicle are mobile, creating the settle. Changes in the future of automation will result potential for a much broader surveillance network. in privacy, economic, financial, environmental, and There is precedent for concern that autonomous- legal concerns, which will affect pedestrians, workers, vehicle-camera footage could find its way into homeowners, and more. Courts need to be aware of court. Additionally, black-box cameras in cars have the effects that new transportation will have on many already been used by prosecutors as evidence in facets of society and prepared for the repercussions traffic accidents and criminal cases.125 This creates of any legal action from different groups that are the potential to track a person’s every movement impacted by this development. through the course of the day. While this data can

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Paleofuture

OTH | 25 ON THE HORIZON YOUR HONOR, THE PROSECUTION WOULD LIKE TO CALL SIRI TO THE STAND The infiltration of artificial intelligence into everyday life and its impact on the courts OTH IN BRIEF • Toll passes, cellphones, and wearable technology collects a lot of information about their users, but they can be left behind or turned off.

• People are starting to use implanted smart devices, the size of a grain of YouTube rice, to open doors, pay at checkout, or log in to computers, increasing tracking n the 1968 science fiction film 2001: A Space potential but also creating new ways Odyssey, HAL 9000, a sentient computer, went from for criminals to potentially try and assisting a human spaceship crew to murdering access these systems. them.126 As 2001 rolled around, there was a distinct • AI is being added to cloud-based lack of murderous space AI, but AI itself was no security systems to provide real-time longer a thing of science fiction. More than a decade after I searches for people. the fictional space journey was to have occurred, AI took » This is touted as a major a significant leap with the introduction of the iPhone’s Siri time saver for police. assistant. Siri could run web searches, make phone calls, » There is concern about bias give directions, and tell jokes, all from the palm of your in the systems being used. hand. Three years later, another AI assistant broke onto the scene, with a calming blue ring of light similar to HAL’s • AI is also being used with cameras to ominous red eye; the Amazon Alexa was here, along with try and predict or influence behavior. the race to bring AI to as many consumers, businesses, and • Tools for manipulating AI and digital 127 Unlike early forms of AI, government products as possible. data are getting better at creating which required the user to initiate searches, modern AI such almost undetectable fakes called deep as the Amazon Alexa, Apple’s Siri, Google Assistant, and fakes. This will impact our ability to Facebook’s Portal are always listening, bringing surveillance rely on video and audio evidence and and data collection into the home environment.128 This impact the need for experts when such creates a plethora of data that civil and criminal litigants are evidence is admitted. poised to battle over, and also raises questions on privacy and whether this data can be relied upon.

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Smartphones already track volumes of daily data about location, conversation, and interests, but a relatively new technology is making this much more personal. Artificially intelligent microchip implants may be the enhanced biometric surveillance of the future. A few companies are offering devices like RFID implants to employees. The RFID, radio frequency identification, is a rice- sized microchip implanted under the skin that allows the implantee to carry out certain contactless operations like unlocking doors, transferring contact information, logging on to a computer, or making Increasing surveillance of everyday life has payments; eliminating the need to carry keys or become an increasing norm over the last several money. 132 The smart devices and implantable chips decades as technology becomes more and more are advertised as a convenience, freeing the user integrated into daily life. For over a decade, toll from the need to carry keys or a wallet. However, passes and cellphones have been able to reveal a there is a concern the technology could evolve to person’s rough location—but advances are raising monitor movements and behaviors, and has already questions regarding expanding surveillance.129 proven vulnerable to malware.133 During the COVID-19 pandemic, Australia took tracking a step further rolling out contact-tracing Personal devices or implants are not the apps, a form of surveillance that uses your only means of tracking being deployed. In Great smartphone to alert others when someone they Britain, CCTV cameras track thousands of people know has come in contact with the virus.130 Some through sophisticated surveillance. There are an apps have considered using GPS tracking and estimated 4.9 million cameras in use throughout Bluetooth to locate and track where an infected Britain, monitoring shopping centers, music festivals, person travelled, to then alert the people that were sports events, and political demonstrations.134 While in their vicinity that they have come in contact with the 24/7 surveillance via AI-powered devices is someone who has tested positive for the virus. relatively new, tracking movement of the populace is Although use of such apps is not mandatory in not. The more advanced of these systems are using Australia, the use of this technology has provoked a biometric records, such as fingerprints and facial global debate about privacy and surveillance.131 images, to solve crimes, but now these methods can be integrated with AI surveillance systems, taking data from smart surveillance cameras to seek out a person’s face, a specific body part, or even fingerprints.135 Similarly, biometric data is being stored in the cloud, allowing AI to scan cloud- based surveillance footage to identify suspects real time.136 Ella is one AI system being developed for this purpose. IC Realtime, Ella’s developers, are developing algorithms for Ella to help her recognize language, animals, people wearing a certain color, and even car makes and models.137

NBC News

OTH | 27 ON THE HORIZON

The facial-recognition software is also AI gives surveillance cameras a brain to match their being combined with cellphone data to create camera eyes, letting them analyze video without robust profiles and predict behavior. In the case of needing humans to scan through data.143 They retail stores, AI surveillance software uses security further assert these technologies help both police camera footage from inside digital signs and kiosks and victims by aiding in the apprehension of the to measure the efficacy of advertisements and suspect, making society safer.144 based on shopper behavior.138 Facial biometric data is being tested for to specifically target On the other hand, AI surveillance technology customers in stores, not only by using personal has been tested in recent years and has come under data on smartphones and devices, but by tracking fire for discriminating against certain groups. In a shopper’s movements, sending coupons some instances, the algorithm of an AI system had and adverts when the shopper lingers before a trouble making a distinction between faces of people product.139 Police are using this type of AI to try and of color, which could lead to wrongful accusation and 145 predict where crime is likely to occur. With this in arrest. In 2016 the nonprofit newsroom ProPublica mind, companies are working on expanding these published an investigation on a machine learning tools, despite the concern over privacy and inherent program courts were using to predict the likelihood of bias in these systems, to allow AI to detect when recidivism. The study found that the risk assessment someone is acting suspicious, for example, flagging software rated black people as a higher risk of someone who buys bleach, a shovel , and trash committing a repeat offense compared to whites. bags, or someone who is seen nervously walking When isolating the effect of race from criminal the same area over and over.140 In the next decade, history and recidivism including the defendants’ age programming could be made to analyze scenes, and gender, black defendants were still 77 percent activities, and movements of people and objects, more likely to be pegged as higher risk of committing 146 using larger data sets from companies like YouTube a future violent crime. Because these technologies to help build the systems this type of AI depends on.141 are created by humans who develop the algorithms, the machine has the potential to perpetuate biases and discrimination of the developers. These programs can also develop their own biases and stereotypes without programmers even noticing.147 Furthermore, the algorithms emphasize the problems related to personal freedom and the possible overreaching of such systems into our lives, with some feeling AI systems’ “all seeing eye” is inherently untrustworthy, especially when coupled with the potential for errors in not only the AI systems but also their algorithms.148

Critics also argue these systems create another large potential for cybercrime and hacking, YouTube as cybercriminals could possibly tamper with an Proponents for the use of AI technology algorithm, doctor video or audio, or wreak havoc on 149 argue smart tools such as facial-recognition the systems we may come to rely on. Just as AI software could be used to search for specific can be used to confirm identity, it can also be used images, such as “red shirt” or “baseball cap,” to find to defeat biometric security by producing realistic 150 the person they are looking for, saving police time fakes. During the summer of 2019, a clip went viral, and taxpayers money.142 They argue this technology which showed a clip of comedian Bill Hader doctored

28 | NCSC 2020 to make it appear as a clip of Tom Cruise, or this display and retain evidence in their courthouse. The summer when the faces of all of the main characters potential for widespread use of software-based from the TV show The Office were replaced with surveillance systems in the community means we Arnold Schwarzenegger’s face and voice.151 may become less reliant on eyewitness testimony, and more reliant on video and audio surveillance, or even internal data picked up by AI or biometric technology.

Additionally, experts will be needed to prove the data have not been altered or tampered with, which may prove difficult as the ability to create deep fakes continues to improve and becomes easier. This will definitely increase the cost of justice while potentially limiting access to justice for those who cannot afford such experts. A more cost-effective and less confusing way of handling highly technical expert testimony and reports may involve changing the rules of the court for expert witnesses to a system similar to the one used in the Australian YouTube federal courts where a conference of experts is sometimes used. In Australia, the court can require Another instance of doctored videos has that a group of experts meet in person or online to appeared with the rise of online services such as identify and address the issues of the evidence being Zoom as the coronavirus pandemic necessitates disputed, facilitated by a court registrar.153 The result online meetings and learning. The site allows for of the meeting is a report wherein the experts identify users to change the background of their video or and narrow the issue and then agree, partly agree, or even appear as another person with another face disagree on the issues discussed within the report.154 during a meeting.152 The technology for the average person to generate sophisticated fakes is still new, AI biometrics and security functions have the but there may one day soon come a time where even potential to bring sweeping changes to the way we experts will struggle to determine whether a video or live our lives. audio clip has been doctored. With video evidence increasingly relied upon to exonerate, convict, or detain we must have public trust in the integrity and validity of the evidence.

Impact on the Courts The expansion of AI technology requires the courts to interpret new privacy expectation laws and rule on the constitutionality of such provisions. As AI-based and biometric surveillance advances and expands its reach, criminal and civil courts should expect to be faced with evidentiary and questions of law regarding the inclusion and limitation of this technology, as well as practical issues of how to YouTube

OTH | 29 ON THE HORIZON ON THE HORIZON in Brief THE COURT OF THE FUTURE

• Artificial intelligence, AI, has come a long way since Clippy or the early days of Siri but is still developing. • AI has the potential to drastically change courthouse operations replacing humans in some cases and offering services previously unavailable in others. • Estonia is experimenting with replacing judges with AI. • New Mexico is testing Clara, a virtual receptionist with a welcoming animated figure to interact with as she helps with directions, FAQs, and forms. • Social robots are being used more frequently in other countries. • Social robots are common in Japan, where they act as assistants taking care of the ill, working security, and handling housekeeping tasks. • Researchers are working on teaching social robots to detect emotion and express empathy. • AI assistants and social robots have the potential to increase access to justice. THE NEW TOMBSTONE: IDENTIFYING THE CYBERCRIME SCHEMES OF THE DIGITAL AGE CLANTON GANG

• Cybercrime is predicted to reach 7 percent of the Global GDP by 2021. • In-home cameras are being accessed by criminals who are watching, and interacting with their victims, who in some instances are children. » Log-in details being sold on the dark web may be contributing to this problem. • Popular apps are being used by foreign governments to collect information on U.S. citizens. • Popular apps may be collecting protected information on children or give predators easier access to children. • Smart devices in cars, including AI, Internet connectivity, and even radio frequencies, provide points of entry for criminals to take control of the vehicles. • Social media influencers are using their children to gain fans and to tap into the eight-billion-dollar industry where children do not have the same protection as child actors. This is raising concerns from privacy to physical safety. • Companies are trying to claim ownership of your online activity.

30 | NCSC 2020 PREPARING FOR THE IGENERATION AND GENERATION ALPHA • The events that define a generation influence their motivations and needs in the workplace. • There are more people in the iGeneration than there are Boomers or Millennials. • The iGeneration: » Born between 1995 and 2009. » Is tech based. They can find anything online and prefer video instruction. » Is more prone to anxiety and depression. » Has shorter attention spans. » Prefers collaborative teams to independent work. » Has less experience than the generations before them. » Lacks critical analysis skills. • Generation Alpha: » Born after 2010. » Has always had a portable digital device. » Is creative but will lack critical reasoning skills. » Is unlikely to attend traditional universities. THE 21ST CENTURY’S HORSELESS BUGGIES: HOW NEW WAYS OF GETTING AROUND CHANGE SOCIETY

• Each time a new mode of transportation has been introduced and becomes popular, there have been battles on how to share the roads and walkways with the existing transportation. • Dedicated lanes by transportation time may alleviate some of the conflict. • Artificial intelligence, AI, is piloting everything from drones to delivery robots and cars. • AI is still buggy and can cause confusion or put people at risk when the AI tries to interact with the real world. • Human jobs will be displaced by AI vehicles, this will change the types of crimes seen. • AI vehicles rely on cameras to operate, creating a wide surveillance network and raising privacy concerns. YOUR HONOR, THE PROSECUTION WOULD LIKE TO CALL SIRI TO THE STAND: THE INFILTRATION OF ARTIFICIAL INTELLIGENCE INTO EVERYDAY LIFE AND ITS IMPACT ON THE COURTS • Toll passes, cellphones, and wearable technology collects a lot of information about their users, but they can be left behind or turned off. • People are starting to use implanted smart devices, the size of a grain of rice, to open doors, pay at checkout, or log in to computers, increasing tracking potential but also creating new ways for criminals to potentially try and access these systems. • AI is being added to cloud-based security systems to provide real-time searches for people. » This is touted as a major time saver for police. » There is concern about bias in the systems being used. • AI is also being used with cameras to try and predict or influence behavior. • Tools for manipulating AI and digital data are getting better at creating almost undetectable fakes called deep fakes. This will impact our ability to rely on video and audio evidence and impact the need for experts when such evidence is admitted.

OTH | 31 ENDNOTES

The Court of the Future

1 Tom Warren, Microsoft resurrects Clippy and then brutally kills him off again, The Verge, (May 22, 2019), https://www.theverge.com/2019/3/22/18276923/microsoft-clippy-microsoft-teams-stickers-removal [https://perma.cc/ZHE7-RPVQ] .

2 Rebecca J. Rosen, Why Would Anyone Ever Use Siri? This Is Why, The Atlantic, Mar. 28, 2012, https://www. theatlantic.com/technology/archive/2012/03/why-would-anyone-ever-use-siri-this-is-why/255187/ [https://perma.cc/S2CE-FW9K].

3 David Pogue, Why Siri Is Still the Future, Scientific America, Aug. 1, 2012, https://www.scientificamerican. com/article/why-siri-is-still-future/ [https://perma.cc/S2CE-FW9K]. 4 Rebecca J. Rosen, Why Would Anyone Ever Use Siri? This Is Why, The Atlantic, Mar. 28, 2012, https://www.theatlantic.com/technology/archive/2012/03/why-would-anyone-ever-use- siri-this-is-why/255187/ [https://perma.cc/8M2T-QFSC]; Laura Sydell, Sometimes We Feel More Comfortable Talking To A Robot, NPR, (Feb 24, 2018), https://www.npr.org/sections/ alltechconsidered/2018/02/24/583682556/sometimes-we-feel-more-comfortable-talking-to-a-robot [https://perma.cc/7U52-7HM9].

5 Daniel Faggella, AI for Speech Recognition and Transcription in Law and Legal, Emerj (2019), https:// emerj.com/ai-podcast-interviews/ai-for-speech-recognition-transcription-law-legal/ [https://perma. cc/99AW-DDTY].

6 Eric Niiler, Can AI Be a Fair Judge in Court? Estonia Thinks So, Wired, (Mar. 25, 2019), https://www.wired. com/story/can-ai-be-fair-judge-court-estonia-thinks-so/ [https://perma.cc/H3YY-PUBR]. 7 Id.

8 Matt Burgess, Just like humans, artificial intelligence can be sexist and racist, Wired (Apr 13, 2017), https:// www.wired.co.uk/article/machine-learning-bias-prejudice [https://perma.cc/PS5F-MVXV].

9 Phaedra Haywood, New Mexico District Court Enlists Virtual Receptionist, GovTech, (Feb. 24, 2020), https://www.govtech.com/public-safety/New-Mexico-District-Court-Enlists-Virtual-Receptionist.html [https://perma.cc/DB3J-8C39]. 10 Artificial Intelligence Trends to Watch in 2020, CBINSIGHTS , https://www.cbinsights.com/research/ report/ai-trends-2020/ [https://perma.cc/75YS-93RW].

11 Naveen Joshi, Biometrics is smart, but AI is smarter. Here’s why, Allerin (Apr 9, 2019), https://www.allerin. com/blog/biometrics-is-smart-but-ai-is-smarter-heres-why [https://perma.cc/VCE6-N69N].

12 A brief History of Robotics: The Origin of the First Humanoid Robot, Luca Robotics, https://www.lucarobotics. com/blog/first-humanoid-robot, [https://perma.cc/R3DN-KDPX]. 13 Id.

32 | OTH 14 Ramesh Subramanian, Emergent AI, Social Robots and the Law: Security, Privacy and Policy Issues, Journal of International Technology and Information Management Vol. 26, Iss. 3, (2017), https://scholarworks.lib.csusb.edu/cgi/viewcontent.cgi?referer=https://www.google. com/&httpsredir=1&article=1327&context=jitim [https://perma.cc/253W-PTC3]. 15 Bryan Lufkin, What the world can learn from Japan’s robots, BBC (Feb 6, 2020), https://www.bbc. com/worklife/article/20200205-what-the-world-can-learn-from-japans-robots [https://perma. cc/4962-Z349]. 16 Alysia Thomas-Sam, Robots touted as answer for overwhelmed hospitals due to coronavirus, 9NOW (Mar. 2020), https://9now.nine.com.au/a-current-affair/coronavirus-robots-trialled-to-assist-during- covid19-outbreak/db5305ab-d46e-4287-86e9-21fe3f382d20 [https://perma.cc/56B8-Y9YU]; The Best Social Robots, Humanoid Robots and Industrial Robots in the World Right Now, Luca Robotics (2019), https:// www.lucarobotics.com/blog/best-robots-in-the-world [https://perma.cc/F76F-VC3B].

17 Nick Statt, Boston Dynamics’ Spot robot is helping hospitals remotely treat coronavirus patients, The Verge (Apr 23, 2020), https://www.theverge.com/2020/4/23/21231855/boston-dynamics-spot-robot-covid- 19-coronavirus-telemedicine [https://perma.cc/PQT5-SQXR].

18 Patrick Lin, Relationships with Robots: Good or Bad for Humans?, Forbes (Feb 1, 2016), https:// www.forbes.com/sites/patricklin/2016/02/01/relationships-with-robots-good-or-bad-for- humans/#6ad4b0f07adc [https://perma.cc/UQ3D-9MXP]. 19 Anna Bauman, Groceries And Gadgets: The Robots Coming To A Supermarket Near You, WBUR (Apr 11, 2019), https://www.wbur.org/onpoint/2019/04/11/grocery-store-robots-walmart-automation-workers [https://perma.cc/8DRG-9VAA]; Geoffrey Ling & Corinna Lathan, Social Robots Play Nicely with Others, Scientific American (July 1, 2019), https://www.scientificamerican.com/article/social-robots-play-nicely- with-others/ [https://perma.cc/9EEA-24FS].

20 The Top 12 Social Companion Robots, The Medical Futurist (July 31, 2018), https://medicalfuturist.com/ the-top-12-social-companion-robots/ [https://perma.cc/Z2CJ-CH9P]. 21 Id.

22 Androids as Bank Tellers: Are Digital Humans Cool or Creepy?, The Financial Brand (Feb 27, 2018), https:// thefinancialbrand.com/70651/android-human-robot-digital-banking-experience/ [https://perma. cc/2958-TG3C].

OTH | 33 The New Tombstone: Identifying the Cybercrime Schemes of the Digital Age Clanton Gang

23 Michael Long, Wild West-Crimes and Punishment, Tribality (Feb. 15, 2016), https://www.tribality. com/2016/02/15/wild-west-crimes-and-punishment/ [https://perma.cc/QPX8-T88N].

24 Kurt Wagner, LinkedIn CEO Says Tech Regulation Risks Stifling Innovation, Bloomberg (Sept. 11, 2019), https://www.bloomberg.com/news/articles/2019-09-11/linkedin-ceo-says-tech-regulation-risks- stifling-innovation [https://perma.cc/VPA4-R4AQ].

25 Pew Research Center, Mobile Fact Sheet, Internet & Technology (2019), https://www.pewresearch. org/internet/fact-sheet/mobile/ [https://perma.cc/3JDQ-XQA3]; Simon Kemp, Digital Trends 2019: Every Single Stat You Need to Know About the Internet, Next Web (Jan. 30, 2019), https://thenextweb. com/contributors/2019/01/30/digital-trends-2019-every-single-stat-you-need-to-know-about- the-internet/ [https://perma.cc/6UT3-5BT4]; Smart Home Device Ownership Rate in Households in the United States as of 4th Quarter 2019, Statista Research Department (2020), https://www.statista.com/ statistics/1086730/us-smart-home-device-ownership/ [https://perma.cc/R348-CXHH]; Emily Ferron, 2019 Safety.com Home Security Report, Safety (updated Mar. 5, 2020), https://www.safety.com/home- security-survey/ [https://perma.cc/2ZZH-CANU].

26 Matthew Johnston, 10 Trends That Will Shape the Global Economy Over the Next Decade, Investopedia (updated Dec. 2, 2019), https://www.investopedia.com/the-10-trends-that-will-shape-the-global- economy-over-the-next-decade-4777822 [https://perma.cc/2MNA-2RBA].

27 Neil Vigdor, Somebody’s Watching: Hackers Breach Ring Home Security Cameras, N.Y. Times, Dec. 12, 2019, https://www.nytimes.com/2019/12/15/us/Hacked-ring-home-security-cameras.html [https://perma.cc/ EWW7-HJRA].

28 Jason Murdock, Why Ring Security Cameras Are So Easy to Hack, Newsweek, Dec. 16, 2019, https:// www.newsweek.com/ring-amazon-cameras-cybersecurity-passwords-easy-hacking-internet- connected-1477442 (last visited April 28, 2020). 29 Dan Patterson and Graham Kates, We Found Our Personal Data on the Dark Web. Is Yours There, Too?, CBS News, Mar. 25, 2019, https://www.cbsnews.com/news/we-found-our-personal-data-on-the-dark- web-is-yours-there-too/ [https://perma.cc/BE56-6VW3]. 30 Shaun Nichols, Bad News: So Much of Your Personal Data Has Been Hacked that Lesson Manuals on How to Use It Are the Latest Hot Property, Register, Apr. 16, 2020, https://www.theregister.co.uk/2020/04/16/ cybercrimeby_fraud_lessons/? [https://perma.cc/N8AQ-M7XT]. 31 Kate Fazzini, This Is Why There’s Been a Decade-long Disconnect Between Huawei and the US, and It’s Unlikely to Be Fixed Soon, CNBC, May 16, 2019, https://www.cnbc.com/2019/05/16/why-huaweis- problems-with-the-us-government-have-been-so-bad.html [https://perma.cc/BFB9-A6W9]. 32 Sean Keane, Huawei Ban Timeline: Chinese Company’s CFO Loses Case to Dismiss Extradition to US, CNET, May 28, 2020, https://www.cnet.com/news/huawei-ban-full-timeline-us-restrictions-china- trump-executive-order-cfo-security-threat-5g/ [https://perma.cc/4DYV-FZZZ]; Tucker Higgins, Trump Declares National Emergency over Threats Against US Technology amid Campaign Against Huawei, CNBC, May 15, 2020, https://www.cnbc.com/2019/05/15/trump-signs-executive-order-declaring-national- emergency-over-threats-against-us-technology.html [https://perma.cc/LPS2-L5MQ].

34 | OTH 33 Ryan Holmes, Is TikTok a Time Bomb? Fast Company, Aug. 28, 2019, https://www.fastcompany. com/90395898/is-tiktok-a-time-bomb [https://perma.cc/UVC7-X4XQ].

34 Nick Frisch, We Should Worry About How China Uses Apps Like TikTok, N.Y. Times, May 2, 2019, https:// www.nytimes.com/interactive/2019/05/02/opinion/will-china-export-its-illiberal-innovation.html [https://perma.cc/9EP5-GVLG].

35 Neil Vigdor, U.S. Military Branches Block Access to TikTok App Amid Pentagon Warning, N.Y. Times, Jan. 4, 2020, https://www.nytimes.com/2020/01/04/us/tiktok-pentagon-military-ban.html [https://perma.cc/ TZJ6-NSJ4].

36 Colin Lecher and Russell Brandom, Is Huawei A Security Threat? Seven Experts Weigh In, Verge, Mar. 17, 2019, https://www.theverge.com/2019/3/17/18264283/huawei-security-threat-experts-china-spying- 5g [https://perma.cc/2PXP-65QA].

37 Thomas Brewster, Warning: Zoom Makes Encryption Keys in China (Sometimes), Forbes, Apr. 3, 2020, https://www.forbes.com/sites/thomasbrewster/2020/04/03/warning-zoom-sends-encryption-keys- to-china-sometimes/#8dca0653fd94 [https://perma.cc/X6SD-VZBD].

38 Charlie Wood, Zoom Admits Calls Got “Mistakenly” Routed Through China, Business Insider, Apr. 6, 2020, https://www.businessinsider.com/china-zoom-data-2020-4 [https://perma.cc/EU7J-PB52].

39 Catalin Cimpanu, US Senate, German Government Tell Staff Not to Use Zoom, ZDNet, Apr. 9, 2020, https:// www.zdnet.com/article/us-senate-german-government-tell-staff-not-to-use-zoom/ [https://perma. cc/2QK3-5ZC8]; Brandon Vigliarolo, Who Has Banned Zoom? Google, NASA, and More, TechRepublic, Apr. 9, 2020, https://www.techrepublic.com/article/who-has-banned-zoom-google-nasa-and-more/ [https://perma.cc/4E9D-FX2R]; Kyle Perisic, Pentagon Bans Zoom over “Security Concerns” After Reports of App Routing Data Through China, Military News, Apr. 14, 2020, https://americanmilitarynews.com/2020/04/ pentagon-bans-zoom-over-security-concerns-after-reports-of-app-routing-data-through-china/ [https://perma.cc/67P6-CBDP]; Dan Sabbagh, UK Government Told Not to Use Zoom Because of China Fears, Guardian, Apr. 24, 2020, https://www.theguardian.com/uk-news/2020/apr/24/uk-government- told-not-to-use-zoom-because-of-china-fears [https://perma.cc/9BB3-387M]. 40 Holmes, supra note 33, Is TikTok a Time Bomb?.

41 Tom Warren, Zoom Faces a Privacy and Security Backlash as it Surges in Popularity, Verge, Apr. 1, 2020, https://www.theverge.com/2020/4/1/21202584/zoom-security-privacy-issues-video-conferencing- software-coronavirus-demand-response [https://perma.cc/MT5H-PGGF].

42 Chris Papst, Police Search Baltimore County House Over BB Gun in Virtual Class, Fox 45 News, June 10, 2020, https://foxbaltimore.com/news/project-baltimore/police-search-baltimore-county-house-over- bb-gun-in-virtual-class [https://perma.cc/6TDS-MHAQ]. 43 Brian Barrett, Security News This Week: A Tiny Piece of Tape Tricked Teslas Into Speeding Up 50 MPH, Wired, Feb. 22, 2020, https://www.wired.com/story/tesla-speed-up-adversarial-example-mgm- breach-ransomware/#intcid=recommendations_wired-homepage-right-rail-popular_9bbca067-bc94- 42c0-8655-8c30cb222966_popular4-1 [https://perma.cc/JYC7-FQPA].

44 Darlene Storm, Hackers to Target and Cyberattack High Tech Cars?, ComputerWorld, Feb. 14, 2012, https://www.computerworld.com/article/2472308/hackers-to-target-and-cyberattack-high-tech- cars-.html [https://perma.cc/S77M-S252].

45 Andy Greenberg, Hackers Can Clone Millions of Toyota, Hyundai, and Kia Keys, Wired, Mar. 5, 2020, https://www.wired.com/story/hackers-can-clone-millions-of-toyota-hyundai-kia- keys/#:~:text=Researchers%20from%20KU%20Leuven%20in,ignition%20and%20allow%20it%20to [https://perma.cc/H7VQ-SF6M].

OTH | 35 46 Tom McKay, Encryption Flaws Leave Millions of Toyota, Kia, and Hyundai Cars Vulnerable to Key Cloning, Gizmodo, Mar. 5, 2020, https://gizmodo.com/encryption-flaws-leave-millions-of-toyota-kia-and- hyu-1842132716 [https://perma.cc/2UV7-DG27]. 47 Id.

48 Robert McMillan, Car Hackers Can Kill Brakes, Engine, and More, ComputerWorld, May 14, 2010, https:// www.computerworld.com/article/2517521/car-hackers-can-kill-brakes--engine--and-more.html [https://perma.cc/V6NE-V95F].

49 Brian Krebs, Cyber Crooks Leave Traditional Bank Robbers in the Dust, Krebs On Security (Mar. 9, 2010), https://krebsonsecurity.com/2010/03/cyber-crooks-leave-bank-robbers-in-the-dust/ [https://perma. cc/RA2S-HKFD]; Jason Glassberg, The Future of Crime: 8 Cyber-Crimes to Expect in Next 20 Years, Fox Bus., May 14, 2014, https://www.foxbusiness.com/features/the-future-of-crime-8-cyber-crimes-to- expect-in-next-20-years [https://perma.cc/AAP9-UWDD].

50 Glassberg, supra note 27. The Future of Crime: 8 Cyber-Crimes to Expect in Next 20 Years, Fox Business (2014), https://www.foxbusiness.com/features/the-future-of-crime-8-cyber-crimes-to-expect-in- next-20-years [https://perma.cc/ABB7-6TGE]. 51 Ines Novacic, “It’s kinda crazy”: Kid Influencers Make Big Money on Social Media, and Few Rules Apply, CBS News, Aug. 23, 2019, https://www.cbsnews.com/news/kid-influencers-instagram-youtube-few-rules- big-money-cbsn-originals/ [https://perma.cc/6GQV-ZSDU]. 52 Id. 53 Stephanie McNeal, This Mommy Blogger Is Under Fire for Refusing to Stop Writing About Her 9-Year- Old After the Girl Begged Her To, Buzzfeed News, Jan. 4, 2019, https://www.buzzfeednews.com/article/ stephaniemcneal/mommy-blogger-refuses-stop-writing-daughter [https://perma.cc/289H-93KE]. 54 Elizabeth Chuck, Child Abuse Charges Against YouTube Channel’s Mom Underscore Lack of Oversight for Kids, NBC News, Mar. 21, 2019, https://www.nbcnews.com/news/us-news/child-abuse-charges- against-youtube-channel-s-mom-underscore-lack-n985526 [https://perma.cc/9DW7-77K3]. 55 Id.

56 Kashmir Hill, The Secretive Company that Might End Privacy as We Know It, N.Y. Times, January 18, 2020, https://www.nytimes.com/2020/01/18/technology/clearview-privacy-facial-recognition.html [https:// perma.cc/L7U3-BENL].

57 Derrick Bryson Taylor, May the Fourth Be with Disney (Terms and Conditions Apply), N.Y. Times, Apr. 28, 2020, https://www.nytimes.com/2020/04/28/business/star-wars-may-the-fourth-disney.html [https:// perma.cc/XP8Y-8P4E].

58 Ted Simons, Is It Time for a Court Dedicated to Cybercrime?, Thomas Reuters Legal Executive Institute (June 29, 2018), https://www.legalexecutiveinstitute.com/justice-ecosystem-cybercrime-court/ [https:// perma.cc/5MY5-87C2].

36 | OTH Preparing for the iGeneration and Generation Alpha

59 Clint Pumphrey, How the Greatest Generation Works, HowStuffWorks, https://people.howstuffworks. com/culture-traditions/generation-gaps/greatest-generation1.htm [https://perma.cc/UX37-3ZSU]. 60 Pumphrey, supra note 37; Anna Garvey, The Oregon Trail Generation: Life Before and After Mainstream Tech, Mashable, May 21, 2015, https://mashable.com/2015/05/21/oregon-trail-generation/ [https:// perma.cc/NTQ6-FHWT]. 61 The Whys and Hows of Generations Research, Pew Research Center, Sept. 3, 2015, https://www.people- press.org/2015/09/03/the-whys-and-hows-of-generations-research/ [https://perma.cc/NBQ5-PECD]. 62 John Rampton, Different Motivations for Different Generations of Workers: Boomers, Gen X, Millennials, and Gen Z An honest day’s pay for an honest day’s work isn’t always the case., Inc., (Oct 17, 2017), https://www. inc.com/john-rampton/different-motivations-for-different-generations-of-workers-boomers-gen-x- millennials-gen-z.html [https://perma.cc/A2CP-AS2B]. 63 Id. 64 Id. 65 They’re Coming: Everything You Need To Know About Training Gen-Z Employees, SHIFT (Aug. 17, 2018), https://www.shiftelearning.com/blog/gen-z-employees-training [https://perma.cc/LP9L-CG9J].

66 Corinne A. Coppinger, The iGeneration: New Consumers of Healthcare, Women’s Healthcare, Sept. 19, 2019, https://www.npwomenshealthcare.com/igeneration-new-consumers-of-healthcare/ [https:// perma.cc/SRS2-NF72]. 67 Scotty Autin, From the Lost Generation to the iGeneration: An Overview of the Army Officer’s Generational Divides, From the Green Notebook (Jan. 7, 2020), https://fromthegreennotebook.com/2020/01/07/from- the-lost-generation-to-the-igeneration-an-overview-of-the-army-officers-generational-divides/ [https://perma.cc/8PNN-XXPL]. 68 Id. 69 Id. 70 They’re Coming: Everything You Need to Know About Training Gen-Z Employees, SHIFT (Aug. 17, 2018), https://www.shiftelearning.com/blog/gen-z-employees-training [https://perma.cc/LP9L-CG9J]. 71 Coppinger, supra note 44.

72 Joseph Firth et al., The “Online Brain”: How the Internet May Be Changing Our Cognition, 18 World Psychiatry: Official J. World Psychiatric Ass’n. 119-29 (2019), https://www.ncbi.nlm.nih.gov/pmc/articles/ PMC6502424/ [https://perma.cc/WMY6-EV2K]. 73 Id. 74 Id. 75 Radiological Society of North America, Smartphone Addiction Creates Imbalance in Brain, Study Suggests, ScienceDaily, Nov. 30, 2017, https://www.sciencedaily.com/releases/2017/11/171130090041.htm [https://perma.cc/7MBW-GB5T]. 76 Id.

OTH | 37 77 Firth et al., supra note 50. 78 Cincinnati Children’s Hospital Medical Center, Screen-based Media Associated with Structural Differences in Brains of Young Children, ScienceDaily, Nov. 4, 2019, https://www.sciencedaily.com/ releases/2019/11/191104112918.htm [https://perma.cc/FFZ7-6ZR2]

79 7 Scientific Benefits of Reading Printed Books, Mental Floss https://www.mentalfloss.com/ article/554845/7-scientific-benefits-reading-printed-books [https://perma.cc/69ZQ-KEGH]. 80 Autin, supra note 45. 81 Autin, supra note 45. 82 Coppinger, supra note 44. 83 Autin, supra note 45. 84 Id. 85 Coppinger, supra note. 44. 86 Autin, supra note. 45. 87 Id. 88 Id. 89 Id. 90 Genevieve Shaw Brown, After Gen Z, Meet Gen Alpha. What to Know About the Generation Born 2010 to Today, Yahoo News, Feb. 17, 2020, https://www.yahoo.com/gma/gen-z-meet-gen-alpha-know- generation-born-091610135--abc-news-topstories.html [https://perma.cc/9YVH-VHHP]. 91 Id. 92 Id. 93 Id.

94 Generation Alpha: An IEducation for an IGeneration, EEA News, June 26, 2019, https://eduniversal-eea. com/news/Generation-alpha-an-ieducation-for-an-igeneration.html [https://perma.cc/MBX6-MQ6P]. 95 Id. 96 Id. 97 Id. 98 Id.

38 | OTH The 21st Century’s Horseless Buggies: How New Ways of Getting Around Change Society

99 Natalie Wolchover, Why It Took So Long to Invent the Wheel, Live Science, Mar. 2, 2012, https://www. livescience.com/18808-invention-wheel.html [https://perma.cc/H97Z-436R]; John Noble Wilford, Earlier Date Suggested for Horse Domestication, N.Y. Times, (Mar. 5, 2009, https://www.nytimes. com/2009/03/06/science/06horses.html [https://perma.cc/2GAP-2BMF].

100 M.G. Lay, Ways of the World: A History of the World’s Roads and of the Vehicles that Used Them, 132 (1992), available at https://books.google.com/books?id=flvS-nJga8QC&lpg=PP1&pg=PP1#v=onepage&q&f=f alse [https://perma.cc/R4FK-66CS]. 101 Id. at 127-133.

102 J. Gordon Irving, Cycling into Fame: The Story of Kirkpatrick Macmillan, reprinted in Life & Work: Mag Church of Scotland, 2020, https://www.lifeandwork.org/features/looking-back-cycling-into-fame [https://perma.cc/V9DV-UD2U].

103 Iain Spragg, Cycling’s Strangest Tales (2017), https://books.google. com/books?id=5dwnDwAAQBAJ&lpg=PT17&dq=%20%22kirkpatrick%20 macmillan%22&pg=PT17#v=onepage&q=%20%22kirkpatrick%20macmillan%22%20&f=false [https:// perma.cc/7PJ7-R2NG].

104 Car, Wikipedia (2020), https://en.wikipedia.org/wiki/Car [https://perma.cc/5XQE-QHWC];

Automobile History, History (Aug. 21, 2018), https://www.history.com/topics/inventions/automobiles [https://perma.cc/N7MN-3GEU].

105 Elizabeth Blackstock, The First Car Accidents in the World, Explained, Jalopnik (Aug 18, 2018), https:// jalopnik.com/the-first-car-accidents-in-the-world-explained-1828386151 [https://perma.cc/ZKV2- U7JT]. 106 Clive Thompson, What the Fight Over Scooters Has in Common With the 19th-Century Battle Over Bicycles, Smithsonian Magazine, (Dec. 2019), https://www.smithsonianmag.com/innovation/fight-scooters- common-19th-century-battle-over-bicycles-180973510/ [https://perma.cc/3F6X-AYGW]. 107 Id. 108 Matt McFarland, Scooters are a huge problem for cities. No one knows how to solve it yet, CNN (Aug 30, 2019), https://www.cnn.com/2019/08/30/tech/scooter-management/index.html [https://perma. cc/38JG-FKLB].

109 Peter Holley, Walmart teams with Nuro’s robot cars to deliver groceries in Houston, The Wash. Post (Dec. 11, 2019), https://www.washingtonpost.com/technology/2019/12/11/walmart-teams-with-nuros-robot- cars-deliver-groceries-houston/ [https://perma.cc/Y8H3-DME8]; Steve Dent, Nuro’s self-driving vehicle carries packages, not passengers, Engadget (Jan 30, 2018), https://www.engadget.com/2018-01-30- nuro-self-driving-vans-packages-not-passengers.html [https://perma.cc/FFG2-R5FE]. 110 Aarian Marshall, Delivery Robots Aren’t Ready—When They Could Be Needed Most, Wired, (April 28, 2020), https://www.wired.com/story/delivery-robots-arent-ready-when-needed-most/ [https:// perma.cc/LYA5-ESBU]; Leslie Josephs, UPS wins first broad FAA approval for drone delivery, CNBC, (Oct. 10. 2019), https://www.cnbc.com/2019/10/01/ups-wins-faa-approval-for-drone-delivery-airline.html [https://perma.cc/4HUD-C5JW].

111 Mark McKenzie, Watch: A guy can’t catch up with Postmates robot delivering his food, iHeart Radio, (April 17, 2020), https://www.iheartradio.ca/89x/blogs/watch-a-guy-can-t-catch-up-with-the-postmates- robot-delivering-his-food-1.12020893 [https://perma.cc/HQC9-4K4V].

OTH | 39 112 Baidu, How coronavirus is accelerating a future with autonomous vehicles, MIT Technology Review, (May 18, 2020), https://www.technologyreview.com/2020/05/18/1001760/how-coronavirus-is-accelerating- autonomous-vehicles/ [https://perma.cc/X98N-H5MC].

113 Amanda Ripley, What happens when Google Maps gets it wrong, The Wash. Post (Mar 9, 2020), https:// www.washingtonpost.com/opinions/what-happens-when-google-loses-your-address-you-cease- to-exist/2020/03/09/b1885f28-622c-11ea-b3fc-7841686c5c57_story.html [https://perma.cc/7SXG- K3MZ].

114 Mark McKenzie, Watch: A guy can’t catch up with Postmates robot delivering his food, iHeart Radio, (April 17, 2020), https://www.iheartradio.ca/89x/blogs/watch-a-guy-can-t-catch-up-with-the-postmates- robot-delivering-his-food-1.12020893 [https://perma.cc/HQC9-4K4V].

115 Jennifer Cheeseman Day & Andrew Hait, America Keeps on Truckin’, The United States Census Bureau (June 6, 2019), https://www.census.gov/library/stories/2019/06/america-keeps-on-trucking.html [https://perma.cc/9ENU-4XMA].

116 Sani Theo, AI In Aviation: Are You Ready To Fly Without A Human Pilot?, ElectronicsForU, (Feb. 6, 2020), https://www.electronicsforu.com/technology-trends/tech-focus/ai-aviation-fly-without-human-pilot [https://perma.cc/5PT3-QGWA].

117 US Pilots Have Reported Issues With Boeing 737 Max, Courthouse News, (Mar. 13, 2019), https://www. courthousenews.com/%EF%BB%BFus-pilots-have-reported-issues-with-boeing-737-max/ [https:// perma.cc/37QJ-S8B4].

118 Crime and Punishment, The Learning Curve, https://www.nationalarchives.gov.uk/education/candp/ crime/g07/default.htm [https://perma.cc/42VT-K7EF].

119 Olivia Solon, More than 70% of US fears robots taking over our lives, survey finds, The Guardian (Oct 4, 2017), https://www.theguardian.com/technology/2017/oct/04/robots-artificial-intelligence-machines- us-survey [https://perma.cc/M692-CL4X]. 120 Marcus Woo, Robots: Can we trust them with our privacy?, BBC (June 4, 2014), https://www.bbc.com/ future/article/20140605-the-greatest-threat-of-robots [https://perma.cc/94QR-KTY2].

121 Caroline Haskins, How Ring Transmits Fear to American Suburbs, Vice (Dec 6, 2019), https://www.vice. com/en_us/article/ywaa57/how-ring-transmits-fear-to-american-suburbs [https://perma.cc/2EVL- A9ZF]. 122 Drew Harwell, Doorbell-camera firm Ring has partnered with 400 police forces, extending surveillance concerns, The Wash. Post, (Aug. 28, 2019), https://www.washingtonpost.com/technology/2019/08/28/ doorbell-camera-firm-ring-has-partnered-with-police-forces-extending-surveillance- reach/?arc404=true [https://perma.cc/7J65-Q8RJ]; Kate Cox, Police can get your Ring doorbell footage without a warrant, report says, Ars Technica (Aug. 6, 2019), https://arstechnica.com/tech-policy/2019/08/ police-can-get-your-ring-doorbell-footage-without-a-warrant-report-says/ [https://perma.cc/F63Y- HL6K].

123 Rachel Cericola, Ring Neighbors Is the Best and Worst Neighborhood Watch App, Wirecutter, (Feb. 14, 2020), https://thewirecutter.com/blog/ring-neighbors-app-review/ [https://perma.cc/FR64-S6YD].

124 Security video from construction site may show Ahmaud Arbery was getting water, lawyer says, USA Today, (May 15, 2020), https://www.usatoday.com/story/news/nation/2020/05/15/ahmaud-arbery-shooting- security-camera-video-raises-new-questions/5200086002/ [https://perma.cc/ZM63-CN5L]. 125 Jaclyn Trop, A Black Box for Car Crashes, The New York Times (July 21, 2013), https://www.nytimes. com/2013/07/22/business/black-boxes-in-cars-a-question-of-privacy.html [https://perma.cc/2EMH- R4KC].

40 | OTH Your Honor, the Prosecution Would Like to Call Siri to the Stand: The infiltration of artificial intelligence into everyday life and its impact on the courts

126 Gerry Flahive, The Story of a Voice: HAL in ‘2001’ Wasn’t Always So Eerily Calm, The New York Times, (Mar 30, 2018), https://www.nytimes.com/2018/03/30/movies/hal-2001-a-space-odyssey-voice- douglas-rain.html [https://perma.cc/8QYM-4MCG]. 127 Luke Dormehl, Today in Apple history: Siri Debuts on iPhone 4s, Cult of Mac (Oct 4, 2019), https://www. cultofmac.com/447783/today-in-apple-history-siri-makes-its-public-debut-on-iphone-4s/ [https:// perma.cc/M4MF-2N68]. 128 Aaron Pressman, Alexa Turns 5: What Amazon’s Kindergarten-Aged Assistant Can Teach the Rest of Tech Fortune, Fortune (Nov 6, 2019), https://fortune.com/2019/11/06/amazon-alexa-echo-5-anniversary- dave-limp-interview/ [https://perma.cc/Y9T4-EQ5G]; Rani Molla, Your smart devices listening to you, explained, Vox (Sep 20, 2019), https://www.vox.com/recode/2019/9/20/20875755/smart-devices- listening-human-reviewers-portal-alexa-siri-assistant [https://perma.cc/YPM4-KA5T].

129 Rachel Levinson-Waldman, Cellphones, Law Enforcement, and the Right to Privacy, Brennan Center for Justice, (Aug 2018), https://www.brennancenter.org/sites/default/files/2019-08/Report_Cell_ Surveillance_Privacy.pdf [https://perma.cc/8J88-8P8E]; Eric Limer, E-ZPass Is the Best Tracking Device That’s Already in Your Car, Gizmodo, (Sep 13, 2013), https://gizmodo.com/e-zpass-is-the-best-tracking- device-thats-already-in-y-1308535900 [https://perma.cc/FJ9U-ZE3M].

130 Rory Cellan-Jones, Coronavirus: State surveillance ‘a price worth paying’, BBC News (Apr 24, 2020), https://www.bbc.com/news/technology-52401763 [https://perma.cc/M8U4-Q427]. 131 Josh Taylor, Covidsafe app: how to download Australia’s coronavirus contact tracing app and how it works, The Guardian (Apr 28, 2020), https://www.theguardian.com/australia-news/2020/apr/28/covid-safe- app-how-to-download-australian-government-covidsafe-tracing-download-install-ios-app-store- iphone-phone-number-google-play-android-australia-coronavirus-tracking [https://perma.cc/Y2PD- CJD8]; Chris Fox, Coronavirus: What is contact tracing and how does it work?, BBC News (Apr 24, 2020), https://www.bbc.com/news/av/technology-52401049/coronavirus-what-is-contact-tracing-and-how- does-it-work [https://perma.cc/5ZF9-JXPZ].

132 Richard Gray, The surprising truths and myths about microchip implants, BBC News (Aug 2, 2017), https:// www.bbc.com/worklife/article/20170731-the-surprising-truths-and-myths-about-microchip-implants [https://perma.cc/V3DU-WGLA]. 133 Id.

134 Kenan Malik, As surveillance culture grows, can we even hope to escape its reach?, The Guardian (May 19, 2019), https://www.theguardian.com/commentisfree/2019/may/19/as-surveillance-culture-grows- can-we-even-hope-to-escape-its-reach [https://perma.cc/Y46M-PHGD].

135 James Vincent, Artificial Intelligence Is Going to Supercharge Surveillance, The Verge (Jan 23, 2018), https://www.theverge.com/2018/1/23/16907238/artificial-intelligence-surveillance-cameras-security [https://perma.cc/AZ7E-4Q77]. 136 Id.

OTH | 41 137 James Vincent, Artificial Intelligence is Going To Supercharge Surveillance: what happens when digital eyes get the brains to match?, The Verge (Jan 23, 2018), https://www.theverge.com/2018/1/23/16907238/ artificial-intelligence-surveillance-cameras-security [https://perma.cc/AZ7E-4Q77].

138 Nick Tabor, Smile! The Secretive Business of Facial Recognition Software in Retail Stores, New York Magazine (Oct 20, 2018), https://nymag.com/intelligencer/2018/10/retailers-are-using-facial- recognition-technology-too.html [https://perma.cc/NG7K-2TY9]. 139 Clare McDonald, Almost 30% of retailers use facial recognition technology to track consumers in store, Computer Weekly (Sep 15, 2015), https://www.computerweekly.com/news/4500253499/Almost-30-of- retailers-use-facial-recognition-technology-to-track-consumers-in-store [https://perma.cc/3PXG- JJXE].

140 Ethan Baron, Predictive Policing Using AI Tested by Bay Area Cops, GovTech (Mar 11, 2019), https://www. govtech.com/public-safety/Predictive-Policing-Using-AI-Tested-by-Bay-Area-Cops.html [https:// perma.cc/9GVG-ZS2S]; AI for Crime Prevention and Detection – 5 Current Applications, EMERJ, https:// emerj.com/ai-sector-overviews/ai-crime-prevention-5-current-applications/ [https://perma.cc/2HHY- ZXYF]. 141 Drew Harwell, Doorbell-camera firm Ring has partnered with 400 police forces, extending surveillance concerns, The Wash. Post (Aug 28, 2019), https://www.washingtonpost.com/technology/2019/08/28/ doorbell-camera-firm-ring-has-partnered-with-police-forces-extending-surveillance- reach/?arc404=true [https://perma.cc/4FJH-MKHE]. 142 James Vincent, Artificial Intelligence is Going To Supercharge Surveillance: what happens when digital eyes get the brains to match?, The Verge (Jane 23, 2018), https://www.theverge.com/2018/1/23/16907238/ artificial-intelligence-surveillance-cameras-security [https://perma.cc/955M-9BKK]. 143 Id. 144 John Trader, Cloud-Based Biometrics Will Change the Face of Law Enforcement, M2SYS, http://www. m2sys.com/blog/public-safety/cloud-based-biometrics-will-change-the-face-of-law-enforcement/ [https://perma.cc/QJN9-N2NV].

145 Natasha Singer and Cade Metz, Many Facial-Recognition Systems Are Biased, Says U.S. Study, New York Times (Dec. 19, 2020), https://www.nytimes.com/2019/12/19/technology/facial-recognition-bias.html [https://perma.cc/H3E8-WSA3].

146 Julia Angwin et al., Machine Bias, ProPublica (May 23, 2016), https://www.propublica.org/article/ machine-bias-risk-assessments-in-criminal-sentencing [https://perma.cc/ZFP6-RP7E].

147 Brian Resnick, Yes, artificial intelligence can be racist, Vox (Jan 23, 2019), https://www.vox.com/ science-and-health/2019/1/23/18194717/alexandria-ocasio-cortez-ai-bias [https://perma.cc/4BLJ- RLPK]. 148 Can Yavuz, Machine Bias: Artificial Intelligence and Discrimination, Lund University, Master Thesis (2019), http://lup.lub.lu.se/luur/download?func=downloadFile&recordOId=8987035&fileOId=8987040 [https://perma.cc/AW33-HL4V]. 149 Electronic Surveillance of Private Communications, American Bar Association, https://www. americanbar.org/groups/criminal_justice/publications/criminal_justice_section_archive/crimjust_ standards_private1/#part81 [https://perma.cc/8V78-K7AC].

150 Mike Elgan, AI May Soon Defeat Biometric Security, Even Facial Recognition Software, Security Intelligence (Jan. 31, 2019), https://securityintelligence.com/ai-may-soon-defeat-biometric-security-even-facial- recognition-software/ [https://perma.cc/EJY5-C3PB].

42 | OTH 151 Ellen Hunt, Deepfake danger: what a viral clip of Bill Hader morphing into Tom Cruise, The Guardian (Aug. 13, 2019), https://www.theguardian.com/news/shortcuts/2019/aug/13/danger-deepfakes-viral-video- bill-hader-tom-cruise [https://perma.cc/355G-JJWL]. 152 Manisha Priyadarshini, Open-Source Deepfake Tool Turns You Into Elon Musk In Zoom, Skype Calls, FOSSBYTES (April 20, 2020), https://fossbytes.com/open-source-deepfake-tool-turns-elon-musk- zoom-skype-calls/ [https://perma.cc/ZK9C-8S8W]; Ellen Hunt, Deepfake danger: what a viral clip of Bill Hader morphing into Tom Cruise, The Guardian (Aug. 13, 2019),https://www.theguardian.com/news/ shortcuts/2019/aug/13/danger-deepfakes-viral-video-bill-hader-tom-cruise [https://perma.cc/355G- JJWL]. 153 Conference of Experts, Federal Court of Australia, https://www.fedcourt.gov.au/services/ADR/ conference-of-experts [https://perma.cc/X7CM-H938]. 154 Id.

OTH | 43 ncsc.org/onthehorizon