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Deep Fakes, Data Theft, Plagiarism, & the End of Humanity as We Know It: Ed Law in the Age of AI

Dr. Scott Gregory, 785-628-5846

sfgregory@fhsu.edu

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Quick Intro……

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Hard Truth #1-AI Incorporation reduces liability

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Hard Truth #1 Continued

AI May be Coming for Standardized Tests

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Plagiarism detection

  • Ogletree v. Cleveland State University (2022)
    • Scanning of students’ room is a violation of the 4th amendment.
      • Respondus & Honorlock, both record the student & uses AI for suspicious activity
      • Narrow decision-variance in policies hurt the university’s case
  • The AI detection game
    • Turnitin claims a false positive rate of 1%
      • Vanderbilt University-75,000 papers submitted.
      • 1% rate would be 750 papers as false positives(source)
      • Non-English speakers more likely to be flagged(source)

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Hard Truth #1-Continued

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Solutions

  • Long term
    • Metacognition
    • AI Training
    • Chatbots
    • Relook at assessments
  • Short term
    • Establish, communicate, & model policies
    • Uniformity of discipline procedures
    • Alternatives for objecting students
    • No singling out of objecting students

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KSB School Law, Lincoln, NE

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Hard Truth #2- AI as a “wicked problem”

  • M.A.D. to M.A.I.M (Article)
  • “The pacing problem”
    • “Technology changes exponentially, but social, economic, and legal systems change incrementally.” (The Laws of Disruption, Downes, 2009).
  • Legal system differences
  • Contain, not control

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Deepfakes-what is the secret to the sauce?

  • Generative Adversial Networks (GANS)(source)
    • Fake content generator
    • generative discriminator
  • Neural networks
    • “Backpropagation”
      • “forward pass”-data sent ahead, results generated
      • “loss calculation”-predicted & actual outcomes analyzed
      • “Backward pass”-the system adjusts to become more accurate using algorithms. (Learn OpenCV, MathWorks,arXiv,DataCamp)

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Deepfake developments

  • TAKE IT DOWN Act
    • “non-consensual intimate imagery (NCII)”
    • Platforms must put in place a reporting feature
    • 20 states have NCII laws on the books.
  • Deepfake audio; former principal files lawsuit (MD)
    • Accuses the school’s former AD of creating audio of the principal making racist & anti semitic comments.
  • Parent lawsuit over pornographic deep fakes, (PA)
    • Delayed reporting major issue, school leadership resigned.
  • Student v. Student lawsuit (NJ)
    • Male student created pornographic AI images of a 15 year old female student and other peers
  • Students deepfake racist comments of middle school principal (NYC)
    • 3 students create audio/video of the school principal and law enforcement.

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Data Theft

https://www.thomsonreuters.com/en-us/posts/government/identity-theft-drivers/

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Data Theft

  • Stealing of successful log-ins and failed log-in attempts.
    • Scraping image/video & “injected” into user-system interfaces.
    • Mimicking human behavior while logging in(Source)
  • FBI warning(source)
    • Voice cloning, “spear phishing,” video manipulations
    • Powerschool breach may have been pushed with AI
      • Student names, Social Security Numbers, & medical information(source)

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Federal

  • Civil Rights
    • Biased algorithms for admissions
    • Predictive policing & surveillance
  • Title IX
    • “pervasively hostile environment”
  • Family Educational Rights & Privacy Act (FERPA)
    • 3rd party vendor data sharing (unauthorized)
  • Children’s Online Rights & Privacy Protection Act (COPPA)
    • Targeted data collection, w/o consent
  • Children’s Online Rights & Privacy Act (CISA)
    • Vetting of meeting standards
  • Individuals with Disabilities in Education Act (IDEA)
  • Americans with Disabilities Act (ADA)
    • Denial of equal access

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State level

State level

  • Varies by state.
    • Ex: Tennessee– ELVIS Act (Ensuring Likeness Voice & Image Security Act)
      • AI cannot imitate a singer’s voice without authorization, Class A misdemeanor & civil action for violators.
    • Ex: Colorado Privacy Act (CPA)
      • Data protection rights for consumers and auditing requirements.

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County & City Considerations

  • City level of government
    • City of Boston
      • Interim Generative AI policy
    • City of Seattle
  • County level of government
    • National Association of County Government statement
  • Caveats to consider
  • Example: Kansas Home Rule Proviso

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A model for your school

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Thank you!

  • AI Assistance
  • Empowering Teaching book chapter
  • ​