Legal News for Fri 8/23 - OpenAI Global Data Protection Officer, 11th Circuit Blocks Title IX Gender Identity Protections, SCOTUS Weighs in on AZ Voter Law and IRS Data Security Needs

Minimum Competence

This Day in Legal History: Sacco and Vanzetti are Executed

On August 23, 1927, Italian immigrants Nicola Sacco and Bartolomeo Vanzetti were executed in the Massachusetts State Prison, marking the culmination of one of the most controversial trials in American history. The two men, both anarchists, had been convicted of a 1920 armed robbery and double murder in South Braintree, Massachusetts. However, their trial was widely criticized for being tainted by anti-immigrant and anti-radical sentiments, with many believing they were targeted more for their political beliefs than any clear evidence of guilt. Protests and demonstrations erupted around the world, calling for their release or a new trial.

Despite the global outcry, the U.S. judicial system upheld their conviction, and they were sentenced to death. Sacco and Vanzetti’s execution sparked widespread condemnation and became a symbol of the miscarriage of justice. Decades later, in 1977, Massachusetts Governor Michael Dukakis issued a proclamation officially exonerating Sacco and Vanzetti, acknowledging the unfairness of their trial and the lasting impact it had on civil liberties in the United States. Their case remains a powerful reminder of the dangers of prejudice and the importance of due process in the legal system.

OpenAI has hired Idriss Kechida as its first global data protection officer, reflecting the company's growing focus on privacy amid its rapid expansion in generative AI. Kechida, previously the associate general counsel and chief privacy officer at Match Group, will oversee OpenAI's compliance with global privacy laws and collaborate closely with the company's privacy legal team, led by Emma Redmond. Kechida was drawn to OpenAI by the unique privacy challenges posed by AI technology. His role is part of a broader hiring spree at OpenAI, which has brought on more than a dozen lawyers recently, including high-profile recruits from companies like Google and Netflix, to address the increasing legal and regulatory scrutiny the company faces. This expanded legal team will tackle issues ranging from trust and safety protocols to lawsuits challenging OpenAI’s business practices.

OpenAI Swipes Match’s Privacy Chief for New Data Protection Role

The Eleventh Circuit Court of Appeals has blocked the Biden administration's rule extending Title IX protections to include gender identity and sexual orientation in schools receiving federal funding. This ruling reverses a previous decision by an Alabama judge that allowed the rule to take effect. The rule, adopted in April, faced opposition from over half of U.S. states, leading to multiple lawsuits. Alabama, Georgia, Florida, and South Carolina successfully appealed to the Eleventh Circuit after an initial failure to secure an injunction from the lower court. The appeals court argued that the rule significantly broadened the scope of Title IX beyond its original intent, potentially exceeding the Education Department's authority. The court cited the Supreme Court's definition of discrimination in *Davis v. Monroe County Board of Education*, which requires harassment to be severe, pervasive, and objectively offensive to qualify under Title IX. Judge Charles R. Wilson dissented, supporting the lower court's decision.

Title IX Gender Identity Protections Blocked by Eleventh Circuit

The U.S. Supreme Court, in a 5-4 decision, has partially revived an Arizona law that requires proof of U.S. citizenship to register to vote. The ruling reinstates the provision that mandates documented proof for those using the state voter registration form, but leaves in place a lower court's block on similar requirements for the federal registration form. This decision comes after Arizona Republicans and the Republican National Committee requested the revival, following a federal judge's earlier block of the law due to challenges from the Biden administration and advocacy groups. The Supreme Court's ruling underscores ongoing debates over voting rights, especially in battleground states like Arizona.

US Supreme Court partly revives Arizona's proof of citizenship voter law | Reuters

In my piece for Forbes on IRS data access and accountability, I highlight the challenges faced by the IRS in securing sensitive taxpayer information, given the vast number of employees and contractors with access. Traditional methods like rigorous vetting and background checks are not sufficient, as insider threats often come from those without prior misconduct. Instead of focusing solely on prevention through vetting, I argue that the IRS should prioritize making all data access traceable and creating formal, transparent avenues for reporting concerns.

I propose that the IRS enhance its monitoring capabilities by using artificial intelligence to log and analyze every instance of data access. This would deter unauthorized access and help quickly identify the source of any breaches. Additionally, I suggest establishing an "Office of Public Integrity," a formal mechanism for employees and contractors to disclose information they believe is in the public interest. This office would provide a controlled, internal process for such disclosures, balancing transparency with the need to protect sensitive data. By implementing these measures, the IRS can improve data security and public trust.

Bringing Leakers Into The Fold—IRS Data Access And Accountability

This week’s closing theme is by Ludwig van Beethoven, a composer of some note.

Ludwig van Beethoven, one of the most revered composers in classical music history, was born in 1770 in Bonn, Germany. His music bridged the Classical and Romantic eras, pushing the boundaries of composition and expression.

Among his vast body of work, the Piano Sonata No. 16 in G Major, Op. 31, No. 1, composed in 1802, stands out as a prime example of his innovative style. This piece is part of a set of three sonatas (Op. 31) that Beethoven composed during a period of personal and artistic transformation. The first movement, Allegro vivace, is marked by its lively and playful character, reflecting Beethoven's desire to break away from the traditional sonata form and experiment with new ideas. The sonata was premiered on August 25th, 1802, offering audiences a glimpse into Beethoven's evolving musical vision. As this week's closing theme, the Allegro vivace offers a vibrant and energetic conclusion, embodying the spirit of Beethoven's creativity and the boldness that made him a giant in the world of music.

Without further ado, Ludwig van Beethoven’s Piano Sonata No. 16 in G Major, Op. 31, No. 1, enjoy.

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