Bite-Sized Business Law

Corban Rhodes on Surveillance Capitalism


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Corban Rhodes represented consumers in the most significant data breach case: the Yahoo Data Breach. He also successfully extracted a settlement from Facebook for misusing biometric data. Today, he continues to represent consumers in cyber security and data privacy matters as a partner at DiCello Levitt. Corban joins us today to discuss the broad topic of surveillance capitalism. He starts our conversation by breaking down the three categories of personal information that companies can use to generate a profit. Next, he offers a glimpse into his process, revealing the educational piece that he uses to empower clients to understand and approach data protection. Listeners will learn what the United States' sectoral approach to data privacy means and what its implications are for everyday users. We touch on the implications of public trust which is at an all-time low, how contract law can serve as a gap-filler, and what Elon Musk’s moratorium on A.I. signifies for the state of technological progress and safety. Tune in today to hear all this and more from an inspiring expert in the field!


Key Points From This Episode:

  • An introduction to today’s guest, Corban Rhodes, partner at DiCello Levitt.
  • Corban’s disclaimer that his views are his own and don’t reflect those of his law firm.
  • Biometrics, geolocation, IP address, and preferences.
  • How companies use data to generate a profit.
  • The bidding process behind banner ads. 
  • The educational piece of Corban’s practice. 
  • What it means to have a sectoral approach to data privacy. 
  • State intervention to data protection legislation.
  • An analysis of EU regulation in comparison to US progress.
  • Public trust and its implications for technology and business.
  • Why focusing on consent might not be enough.
  • How contract law serves as a gap-filler.
  • Interpreting the moratorium on A.I. as called for by Elon Musk and others.
  • Dangerous possibilities of A.I. integration according to pre-GPT4 research.
  • Why it is so important that we have control over our data.
  • Difficult predictions around A.I. influence based on your data. 
  • Data privacy’s tendency not to fall in a single political camp.


Links Mentioned in Today’s Episode:

Corban Rhodes on LinkedIn

Elon Musk and Others Call for Pause on A.I., Citing ‘Profound Risks to Society'
DiCello Levitt

Americans Can’t Consent to Companies’ Use of their Data by Joseph Turow, Yptach Lelkes, Nora A. Draper, and Ari Ezra Walman 

Fordham University School of Law Corporate Law Center

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