?? LWIL #126: Bitcoin Nuisance, FBI Coins, Ghost Guns, and More
What's on the docket this week:
Featured Story
The 'Decade of the Female Lawyer': Progress Served on a Silver Snail
The ABA's proclamation of 2016–2026 as the "Decade of the Female Lawyer" is a celebration that feels more like a consolation prize, given the legal profession’s enduring gender disparities. Sure, women now dominate law schools, making up 56% of the student body, and they've overtaken men in federal government lawyer positions, comprising 52% as of 2023. But despite steady gains, only 28% of law firm partners are women—an "all-time high" that’s depressingly low. The report cheerily notes that retiring older male attorneys are paving the way for younger female lawyers, as if this trickle of progress is revolutionary. Meanwhile, men continue to hold sway in the most powerful corners, such as the Department of Justice, where 54% of attorneys are male. The ABA paints a picture of women lawyers steadily climbing the ranks, but the real headline might be how slowly the profession moves toward parity between genders - and how readily it settles for incremental change while touting milestones that should have been reached decades ago.
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?? IP/Transactional
Meta Hit With Copyright Suit Over AI Training
Meta is facing yet another copyright lawsuit, this time from prominent authors who allege that their works were used without permission to train the company’s artificial intelligence models. The lawsuit claims that Meta's AI scraped and incorporated protected content, violating the Copyright Act and leaving the plaintiffs uncompensated for their creative labor. Central to the case is whether Meta’s data practices qualify as transformative under fair use, or whether the company engaged in wholesale infringement masked as technological progress. The authors argue that AI training on their works undermines potential licensing markets and exploits their intellectual property for commercial gain. Meta, like other tech companies in similar suits, faces increasing legal pressure to balance innovation with respect for copyright laws. The case could set a pivotal precedent in how generative AI systems interact with intellectual property rights, especially as courts wrestle with defining the boundaries of “fair use” in the digital age. Whether this lawsuit transforms into a landmark decision or another chapter in copyright litigation, it’s a reminder that even cutting-edge AI can’t escape old-fashioned legal scrutiny.
?? Litigation
Neighbors of Bitcoin Mine File Nuisance Lawsuit
A proposed Bitcoin mining facility is sparking legal and environmental controversy due to its potential noise pollution and effects on local wildlife and residents. The legal debate centers on whether the facility violates zoning and environmental laws, particularly given its proximity to residential areas and its use of energy-intensive equipment. Neighbors argue that the incessant noise disrupts their quality of life, citing potential breaches of local ordinances regulating industrial noise levels. Additionally, environmental groups highlight the broader issue of bitcoin mining’s carbon footprint, raising questions about how such operations align with state and federal sustainability goals. The company behind the project contends it is operating within legal parameters, pointing to the economic benefits the facility could bring. However, the dispute underscores the challenges of balancing innovative technologies like cryptocurrency mining with community and environmental interests.
领英推荐
?? Legaltech
The FBI Secretly Created a Coin to Investigate Crypto Pump-and-Dump Schemes
The FBI and SEC have launched investigations into NexGenAI, a company accused of using a crypto token called "Coin" to defraud investors of millions. NexGenAI, which touted itself as a cutting-edge artificial intelligence firm, allegedly misled investors about its technological capabilities and financial health while funneling funds to executives. The SEC alleges that NexGenAI failed to register Coin as a security, violating securities laws and undermining investor protections. Meanwhile, the FBI is examining whether fraudulent misrepresentations crossed into criminal territory, focusing on potential wire fraud and conspiracy. While NexGenAI insists its operations were legitimate, regulators argue the company exploited the current lack of comprehensive oversight in crypto markets. This investigation not only underscores the importance of investor protections in speculative industries but also signals that crypto firms may no longer operate with impunity in legal gray areas.
?? Criminal/Politics
Cops Love Facial Recognition
Facial recognition technology has increasingly become a darling of law enforcement, as highlighted by a report showing its rapid adoption despite privacy concerns and legal challenges. The technology's appeal lies in its ability to quickly identify suspects, but its unchecked use raises serious Fourth Amendment questions about unreasonable searches and surveillance. Critics argue that the technology disproportionately misidentifies people of color, amplifying existing systemic biases and risking wrongful arrests. While proponents claim its deployment is limited to cases of significant public interest, investigations reveal it is often used for low-level offenses, a practice that could undermine public trust in policing. Legal experts are calling for clearer regulatory frameworks to balance public safety benefits with constitutional protections, especially as facial recognition becomes more pervasive in routine law enforcement. The lack of consistent oversight and transparency has also led to calls for a legislative pause to assess its societal implications.
?? Finance/Econ/Regulatory
Ghost Guns
The Supreme Court is poised to hear a landmark case on "ghost guns," untraceable firearms assembled from kits or 3D-printed parts, with profound implications for gun regulation and the firearms industry. The case challenges the Biden administration's rule treating these kits as firearms, requiring serial numbers and background checks under the Gun Control Act. Opponents argue this oversteps executive authority, framing the rule as legislative action that bypasses Congress. Proponents counter that the regulation is a necessary modernization of existing laws to address the rising tide of unregulated weaponry. The case highlights the balance between regulatory authority and individual rights, as well as the evolving nature of what legally constitutes a firearm. A decision could ripple through the firearms industry, potentially reshaping the legal landscape for 3D printing, homemade guns, and gun safety advocacy. With Second Amendment debates at its core, this litigation may set a precedent for how courts navigate new technologies and longstanding constitutional rights.
?? Ethics
Lawyer…and Massage Therapist?!
Discipline: Suspended three months.
Until next week, adjourned.
Keith & Tracey
p.s. - please send me your stories, news, & tips for inclusion in future editions [email protected]