115 | 🚨 ABA Survey on AI

Brainyacts #115

It’s Tuesday. I made this video yesterday morning as I continue to hear lawyers using ChatGPT for citing cases. Please share this broadly.

*** LinkedIn Post Here

In today’s Brainyacts:

  1. ABA asks for your input on AI et al.

  2. Zoom & Microsoft: your AI personal data use

  3. A Generative AI Blueprint course testimonial

  4. Recent developments of leading AI model updates

  5. News you can use (links to click if the headline grabs you)

  6. Meme on AI and law firm data security

👋 to new subscribers!

To read previous editions, click here.

Lead Story

🚨 Nobody asked me but this is important.

The QR code takes you to this survey. Just 3 simple questions.

Q1: Agree/Disagree: Artificial Intelligence (AI) won’t replace lawyers anytime soon. Lawyers who use AI will replace lawyers who do not use AI.

Q2: Agree/Disagree: Non-lawyers should be allowed to have an ownership interest in a law firm.

Q3 Agree/Disagree: Trained non-lawyers should be allowed to advocate for parties in lower courts.

Spotlight Story

In the age of the AI revolution, it's a normal day at the office to hear about data breaches, misuse, and companies capitalizing on user data.

Zoom, the platform that became synonymous with remote work during the pandemic, recently found itself in the hot seat with updated terms that seemed a little...well, intrusive.

When Zoom updated its terms of service, sections 10.2 and 10.4 immediately raised eyebrows. These sections seemed to imply that Zoom could harvest vast amounts of data about how we use their platform, keep it, and potentially do whatever they wanted with it.

The catchphrase was "service generated data," and it was this term that stoked the flames of doubt. What does "service generated data" even mean?

As panic and speculations swirled, Zoom had to step up and clarify. No, they aren't listening to our heartfelt confessions, secret business strategies, or eavesdropping on grandma's birthday wishes. Their Chief Product Officer was quick to clarify: “For AI, we do not use audio, video, or chat content for training our models without customer consent.

Yet, this episode brings to light a larger trend. Companies are consistently updating their terms to incorporate the capabilities and implications of AI. Take Microsoft, for example. Just today I received notice of a forthcoming update to their terms and that they added clauses regarding content generated by AI services.

What does this mean for the average user? Well like the average user, prior to the generative AI era, I would’ve ignored this email and hit delete. But now. Now I double-click and investigate.

One of the important changes is the expanded definition of "Your Content" in the Your Privacy section, which now includes content generated through our use of their AI services. Yes, your prompts and Bing Chat’s replies are stored and used.

In fact, I learned that Microsoft will “de-identify stored search queries by removing the entirety of the IP address after 6 months, and cookie IDs and other cross-session identifiers that are used to identify a particular account or device after 18 months.

Also while obvious; I hadn’t thought about the fact that Microsoft can also use your Bing Chat interactions for [d]elivering advertising, such as showing you ads that are related to your interests and preferences, and measuring their effectiveness.

🦉The AI age demands a vigilant user. 

Companies will continue to evolve, and their terms will change in tandem. Users must make it a habit to read, understand, and question these terms. Always ask: "What does this mean for my privacy?"

Just as companies have a responsibility to be transparent, we have a duty to be informed. The next time you receive an email about updated terms, don’t just skim and dismiss it. Dive deep, understand the implications, and safeguard your digital footprint.

Oh, and hey, use their AI products to help you!

Here I used Bing Chat:

Revisiting a prior Brainyacts edition, I have also used this prompt which is a bit more detailed:


Please review the following Terms & Conditions and Privacy Statements. Identify and categorize any issues as red flags (high risk) and yellow flags (some risk, proceed with caution). Provide a brief explanation for each identified issue and its associated risk level.

Response here


Knowing this, what is the worst that could happen? Please explain in plain language. 

Response here

Generative AI Blueprint Testimonial

Robert Dilworth is a Managing Director and Associate GC at Bank of America, and he just took my recently released course. He was kind enough to share this testimonial. Thank you, Robert!

"I just finished the Blueprint course. Excellent, just what I needed in pulling together the most important tips and themes over the past months. Many professionals (even early adopters and engaged ones) don’t have the time to go back to first sources to review all the Brainyacts newsletters to find the best nuggets. It is a strong value."

Right now I have a launch promo price of $189. Join over 500 folks who have or will complete this course. Click here for info!

👏 🚌 If you have a team at your organization (4 or more) - reach out about group/team discounts.

AI Model Notables

 New study rates 14 AI models on their political bias

IBM opens the blackbox of watsonx.ai

OpenAI releases a web crawler that sites can restrict somewhat

Apple baking AI into everything

• Every single Amazon team is working on AI

News You Can Use:

Why AI development will only progress, not slow

Wolters Kluwer and Above the Law release survey report Generative AI in the Law: Where Could This All Be Headed?

The state of State (US) AI laws (podcast & transcript)

Law librarians might be the cheat code for lawyer generative AI use

Be prepared for much more “art” in your LinkedIn feed

Toronto challenging Silicon Valley as the AI startup hub

Disney is exploring AI in order to cut costs

The economic case for generative AI - via a16z

😎🤪 👇

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DISCLAIMER: None of this is legal advice. This newsletter is strictly educational and is not legal advice or a solicitation to buy or sell any assets or to make any legal decisions. Please /be careful and do your own research.8