In this episode of Trekking Through Compliance, we consider the episode The Enterprise Incident aired on September 27, 1968, Star Date 5031.3.
In this episode, Captain Kirk feigns mental illness while crossing over to the Neutral Zone, and Mr. Spock woos the Romulan commander. All in an effort to steal a Romulan cloaking device, which they do.
Compliance Takeaways:
Resources
Must an investigator warn an employee that concealing information from company lawyers conducting an internal FCPA investigation could be a federal crime? Even if the company attorneys provided the now standard corporate attorney Upjohn warning? Does a company attorney asking questions morph into a de facto federal agent during an internal company investigation regarding alleged FCPA violations and is the attorney thereby required to provide a Miranda warning to employees during said investigation?
Employees who are subject to being interviewed or otherwise required to cooperate in an internal investigation may find themselves on the sharp horns of a dilemma requiring either (1) cooperating with the internal investigation or (2) losing their jobs for failure to cooperate by providing documents, testimony or other evidence. Many U.S. businesses mandate full employee cooperation with internal investigations or those handled by outside counsel on behalf of a corporation. These requirements can exert a coercive force, “often inducing employees to act contrary to their personal legal interests in favor of candidly disclosing wrongdoing to corporate counsel.” Moreover, such a corporate policy may permit a company to claim to the government a spirit of cooperation in the hopes of avoiding prosecution in addition to increasing the chances of earning meaningful credit under the U.S. Sentencing Guidelines or the FCPA Corporate Enforcement Policy.
Three key takeaways:
What is the role of Artificial Intelligence in compliance? What about Machine Learning? Are you using ChatGPT? These questions are but three of the many questions we will explore in this exciting new podcast series, Compliance and AI. Hosted by Tom Fox, the award-winning Voice of Compliance, this podcast will look at how AI will impact compliance programs into the next decade and beyond. If you want to find out why the future is now, join Tom Fox on this journey to the frontiers of AI.
AI is becoming increasingly prevalent in the creative industry, and with it comes a range of legal implications. Tom Fox and Gordon Firemark recently discussed the legal implications of AI and how it can be used to create deceptive and misleading content on their podcast, Absolutely!
Tom and Gordon believe that creatives should be fairly compensated for their work and that children should be taught about the business side of art. As Tom puts it, “If someone creates something of value, they should receive fair compensation for it.” They also advocate for exposing children to different ideas and lifestyles.
AI has the potential to create deep fake videos and audio, which can be difficult to distinguish from the real thing. This technology has the potential to be used to create deceptive and misleading content, which could have legal implications. For instance, the Federal Trade Commission has rules and other regulations that come into play when dealing with false advertising issues at a state level.
Additionally, intellectual property issues can arise when AI is used to summarize a book, as the courts and Copyright Office have stated that AI-generated material is not copyrightable. The recent Supreme Court ruling in the Andy Warhol Foundation versus Lynn Goldsmith case found that the use of the photograph was not transformative enough and was commercial in nature, thus the photographer had a valid copyright claim.
Tom and Gordon are both planning to attend Podcast Movement in Denver in late August. Gordon and another podcasting attorney named Lindsay Bowen will be presenting together on either a contract tear down or a mock negotiation of a deal for creatives. The panel will discuss common legal issues that need to be negotiated and worked out in those kinds of deals.
AI is a powerful and effective tool, but it is important to be aware of the potential legal implications that come with it. Creatives should be fairly compensated for their work and children should be exposed to different ideas and lifestyles. For more information on AI and the legal implications, make sure to check out Tom and Gordon’s presentation at Podcast Movement in Denver.
Key Highlights
· AI and Chat GPT
· AI and Copyright Issues
· Fair Compensation for Creatives
· Legal Issues in Art
Resources
Gordon Firemark on LinkedIn
Tom Fox
Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance brings to you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen in to the Daily Compliance News. All, from the Compliance Podcast Network. Each day we consider four stories from the business world, compliance, ethics, risk management, leadership, or general interest for the compliance professional.
