Whatever Happens To The ‘Disinformation’ Board, The Feds Are Spying – The Federalist

Facing an increasing backlash against the Biden administrations Disinformation Governing Board (DGB), Homeland Security Secretary Alejandro Mayorkas promised it would not monitor Americans. It was not enough. The U.S. Department of Homeland Security was forced to put the DGB on pause, and its director, Nina Jankowicz, resigned under public pressure.

Now DHS says it is reviewing the board while continuing its critical workto address disinformation.

No matter what happens with the board, it is hard to take Mayorkass promise not to monitor Americans seriously. Several recent cases of the federal government spying on Americans as well as DHSs own actions were certain to make people skeptical.

For example, in February of this year, DHS issued a National Terrorism Advisory System (NTAS) Bulletin, a memo prioritizing false or misleading narratives as a top domestic security threat. The bulletin states that there is widespread online proliferation of false or misleading narratives regarding unsubstantiated widespread election fraud and COVID-19.

This bulletin clearly referenced Americans inside our borders. Also, unlike with the DGB, DHS made no promise to not monitor Americans speech. (My organization, the Center to Advance Security in America, submitted several Freedom of Information Act requests for records regarding the NTAS bulletin and the DGB.)

Dont forget Carter Page, either. Page was an advisor to the Donald Trump 2016 campaign. In 2016-17 the government investigated him on suspicion of being an intermediary between the Trump campaign and the Russian government. A later inspector generals report identified at least 17 significant errors or omissions in the application for a warrant to surveil Page. A Department of Justice attorney was convicted of falsifying a document that led to a Page warrant.

Also recall the James Clapper spying scandal. Clapper, the director of national intelligence under President Obama, responded, No, sir and not wittingly, when asked at a Senate hearing if the National Security Agency was collecting any type of data at all on millions of Americans without a specific warrant. About three months after making that claim, documents leaked by former NSA contractor Edward Snowden revealed Clappers answer was untruthful, as the NSA was in fact collecting in bulk domestic call records, along with various internet communications.

There is also the CIA spying scandal. Sens. Ron Wyden of Oregon and Martin Heinrich of New Mexico, both members of the Senate Intelligence Committee who are privy to classified information, have warned about the existence of asecret bulk collection program that the CIA has operatedoutside the statutory framework that Congress and the public believe govern this collection, and without oversight by the courts or Congress.

The secret program appears related to bulk data swept up by the CIA in terrorism operations, including information on Americans, according to aheavily blacked-out reportfrom a CIA oversight board that was declassified at the urging of the two senators.

Then there is Biden Attorney General Merrick Garlands infamous school board memo. The memo directed the FBI to involve itself in local school board meetings under the auspices of anti-terrorism statutes due to supposed threats and violence directed against board members.

However, concerns that the FBI and DOJ were actually targeting the speech of parents were heightened, when, on October 14, 2021,another memo, released by the U.S. attorney in Montana, directed law enforcement to contact the FBI if a parent calls a member of a school board simply with intent to annoy. He claimed that may serve as a basis for a prosecution under federal law.

Garland and the Biden Department of Justice and FBI were forced to disavow the latter memo, since it appeared to directly target simple and non-threatening speech. During testimony, Garland assured Congress the memo would not be used to target parents for policy disagreements. Yet information recently obtained from FBI whistleblowers indicates the FBI had targeted and labeled dozens of investigations into parents with a threat tag, based on their associations and speech, including statements opposing mask and vaccine mandates.

As if to pour fuel on this fire, the woman DHS chose to lead the DGB was proven to be a proud and vocal proponent of censorship. Jankowicz has a history of attaching the disinformation label to speech she doesnt like, regardless of its veracity.

With a record like this, would you trust Mayorkass promise that the DGB wont monitor the speech of the American people? Neither would I.

Adam Turner is the director of the Center to Advance Security in America.

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Whatever Happens To The 'Disinformation' Board, The Feds Are Spying - The Federalist

There’s still hope for Julian Assange in his battle to avoid US trial – The Canary

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Home secretary Priti Patel will decide before the end of May whether to recommendJulian Assanges extradition to the US. The WikiLeaks founder is accused of 17 counts of violating the Espionage Act and one of conspiracy to commit computer intrusion.

Patels recommendation will have implications for journalists everywhere, not just in the UK or US. But her recommendation is not necessarily the end of the matter. Because Assanges lawyers can still apply to appeal earlier court rulings.

On 14 March, defence lawyers released a statement following a Supreme Court decision. The statement explained that they have an opportunity to put arguments against extradition to Patel.

Crucially, it added:

No appeal to the High Court has yet been filed by him [Assange] in respect of the other important issues he raised previously in Westminster Magistrates Court. That separate process of appeal has, of course, yet to be initiated.

Former UK ambassador Craig Murray argued such appeals would likely consider:

The Canary has already published several legal arguments as to why the prosecutions case against Assange is flawed. Some of them are as follows:

Read on...

The Canary has also reported on how a star prosecution witness a convicted felon and paedophile fabricated evidence in exchange for a deal with the FBI. Under English law, where a law enforcement agency is shown to have directly fabricated or colluded in the falsification of evidence, this provides grounds for dismissal of a prosecution case or of convictions. A famous example of this was the Guildford Four case.

And then there are the revelations that the CIA plotted the potential kidnap, rendition, and murder of Assange.

The Assange case should also be seen in the context of other cases that are of legal relevance.

Katharine Gun worked as a translator for GCHQ. In 2003, she leaked a copy of a classified memo from the NSA. The memo requested that GCHQ monitor the communications of certain UN delegates. This was to pressurise them to support the US and UK in their intended invasion of Iraq. Gun later argued that the US and UK were attempting to either blackmail, bribe or threaten those delegates and their countries.

The leaked memo ended up with the Observer, which ran a front page story on it. Subsequently, Gun owned up to the leak and some months later was charged under the Official Secrets Act.

When Special Branch asked Gun why she leaked the memo, given that she worked for the British government, she poignantly replied:

No, I work for the British people. I do not gather intelligence so the government can lie to the British people.

In court, Guns lawyer threatened to disclose material that could question the legal basis of the war. At that point, UK authorities announced that they wont proceed with the prosecution. Labour cabinet minister Clare Short suspected the prosecution was dropped because they do not want the light shone on the attorney generals advice [that the war was legal].

As with Gun, the Assange case boils down to the question of whose interests a journalist should serve that of the state or of the public? Assanges lawyers compared him to Gun during the extradition hearings.

(Official Secrets, starring Keira Knightly, is a film version of what happened to Gun.)

Renowned whistleblower Daniel Ellsberg profoundly admired what Gun did. As reported in The Canary, Ellsberg also offered his unequivocal support to Assange.

In 1971, Ellsberg was responsible for leaking the History of US Decision-making in Vietnam 1945-68to the New York Times and Washington Post. The 7,000-page document became known as the Pentagon Papers. And it provided an insight into top-secret US decision-making during the Vietnam War.

As with Assange, Ellsberg was charged with violations under the Espionage Act. Crucially, however, the whistleblowers prosecution was dropped. This was after it became known that president Richard Nixon had organised a break-in of Ellsbergs psychiatrists office and the FBI had organised wiretapping.

In Assanges case, there was also a breach of confidentiality. Surveillance company UC Global secretly filmed Assange with his lawyers inside the Ecuadorian embassy. The company then allegedly passed the footage on to contacts with links to US intelligence.

In March, a UK court ruled that investigative journalist and former Labour MP Chris Mullin was right in refusing to disclose names of those who cooperated in his investigation into the 1974 Birmingham pub bombings. Back in 2019, The Canary had reported that Special Branch knew the real bombers identities as far back as 1975.

In Assanges case, the prosecution argued that his attempt to protect a source Chelsea Manning equated to collusion. In contrast, the UK courts ruled that Mullin had every right to protect his sources. Moreover, Mullin emphasised that this forms the basis of a free press.

A number of articles have also exposed a potential conflict of interest by Emma Arbuthnot, who presided as judge in the earlier stages of the extradition hearings:

All these revelations suggest that what weve been witnessing from the very beginning is little more than a show trial.

Any one of the above concerns raised should, in theory, be enough to have the US extradition request dismissed. But first, any appeal requires High Court approval. And if that approval is given, there will be a glimmer of hope for Assange.

Ultimately, the core defence for Assange can boil down to two fundamental arguments. These are: freedom of speech, and the right to publish information of wrong-doings in the public interest.

Featured image via Wikimedia / Cancillera del Ecuador cropped 770403 pixels

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There's still hope for Julian Assange in his battle to avoid US trial - The Canary

Zcash (ZEC) Privacy Protecting Digital Currency And Its Price – London Post

If youre interested in cryptocurrency, you may have come across the privacy-protecting digital currency called Zcash. They launched this cryptocurrency to solve privacy problems inherent in other cryptocurrencies. It also focuses on zero-knowledge-proof concepts to increase its privacy. The electric coin company has since changed its name to Electric Coin, separate from Zcash. The Vice President of Marketing and Business Development, Josh Swihart, explained the history of the digital currency and why privacy matters.

Edward Snowden, who formerly worked for the NSA, has publicly spoken about privacy coins. In September 2017, he called Zcash the most interesting alternative to bitcoin. In February 2019, Snowden clarified that he was not compensated for promoting Zcash. He also spoke at an event in Paris in April in which he discussed the privacy issues associated with digital currency. Snowden blamed the privacy problems hed discovered on computer networks set up in the 1970s.

As the war in Ukraine escalates, money seems to be pouring into privacy coins. A European Parliament vote could shut down unregulated exchanges and require identity verification for all small transactions. It has given privacy coins an extra boost, as Bitcoin and Zcash have gained more than six percent value since February 24. Zcashs main rival, monero, has a market cap of $4 billion. CoinMarketCaps privacy coins comprise $11.3 billion of the digital currency market.

In addition to its privacy features, Zcash also boasts a speedy and anonymous blockchain. Unlike other cryptocurrencies, Zcash is anonymous and uses zero-knowledge proof (ZKP) to hide information from public view. Unlike Bitcoin, users do not have to worry about revealing their real names or addresses to other users. The transaction confirmation time is 75 seconds instead of ten minutes with Bitcoin.

The underlying cryptographic technology behind Zcash uses custom zero-knowledge-proof construction, or zk-SNARKs, to protect user privacy and prevent others from cheating or stealing. The protocol is open-source, meaning that the creators of Zcash cannot control it. It means that Zcash is truly decentralized. Similar to Bitcoin, Monero, and PivX, Zcashs founders hope to further the cryptography of Bitcoin.

Zcashs encryption technique has two advantages: it does not kill the data that is exchanged for currency. It scrambles it instead and uses zk-SNARKs to add extra client security. There are two types of addresses in Zcash: z-addresses and t-addresses. Zcash protects user privacy by hiding the identity of the sender and recipient and only shows the number of funds that were sent or received.

Zerocoin was a project from the John Hopkins University, and it was initially aimed to address the privacy issue associated with Bitcoin. Researchers eventually improved it. The project was finally launched as a blockchain in 2016.

Zcash is an excellent privacy-protecting digital currency, with transactions shielded from public view. The data is uploaded to the public blockchain, but the sender and receiver remain private. Zero-knowledge proofs are the basis for transaction privacy and can be shared for compliance and audit purposes. The price of Zcash is rising, but it is still an excellent time to consider purchasing Zcash.

The t-addresses and z-addresses are compatible with each other. Just make sure you understand the privacy implications of each address before deciding which one to use. Most wallets support both. Some exchanges are upgrading to support z-addresses. If youre considering using this digital currency, check out its privacy and security features.

The price of Zcash has fluctuated a lot, but the price of ZEC is still above the market average. While a bullish market would guarantee continued growth, sell-offs would be bad for a fragile cryptocurrency market. As a result, the price of ZEC could dip below $200 in the coming months. It may even fall below $200 before 2022. If it continues to rise, it could reach $270 before its target date.

The technology behind Zcash is not perfect. Use bitcoin-loophole.live to look at Zcash value. While a few companies have tried to integrate it into Ethereum, there are a few more essential things. In the future, ZEC could become the global installment framework. Its privacy features make it more valuable to investors. As a result, some investors may allocate part of their portfolios to privacy-focused cryptocurrencies. These types of cryptocurrencies are expected to grow in popularity.

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Zcash (ZEC) Privacy Protecting Digital Currency And Its Price - London Post

Substacks Founders Dive Headfirst Into the Culture Wars – Vanity Fair

One day last June, Patti Smith opened her laptop, typed a brief message to the thousands of readers of her Substack newsletter, and hit Send. I would be grateful for any suggestions of songs you think I might try, she wrote. Have a good week-end!

Smith began using the rapidly expanding, increasingly influential, and sometimes controversial email publishing platform in March 2021. Coronavirus had put touring on hold, and Smith was working on The Melting, a sort of diary about life in the COVID era, when someone at Substack reached out. Smith was intrigued. Rather than pursuing a printed work that wouldnt see the light of day for another year or two, she decided to publish The Melting on Substack in real time. She signed one of the companys pro dealsthe Substack equivalent of a book advanceand on March 31 sent out her first newsletter, offering readers a journal of my private pandemic, as well as weekly ruminations, shards of poetry, music, and musings on whatever subject finds its way from thought to pen.

Thirty-eight Substack emails later, Smith scrolled through the comments on her request for cover songs. One reader suggested Paupers Dough by the Scottish musician King Creosote, n Kenny Anderson. Smith found the track on YouTube, instantly falling in love with its slow, plaintive melody and lyrics that she described in a subsequent post as a poem to the people, the salt of the earth. She listened to it on repeat, memorizing the words and singing them as if they were her own. As luck would have it, Smith was due to perform in Andersons home country for the opening night of the COP 26 Climate Change Conference in Glasgow. Four months after discovering Anderson through her Substack, Smith stood onstage with him in the darkness of Glasgows Theatre Royal. I just started crying, she told me. We sang the song together and it was very moving. That was a real Substack moment.

Smith shared this story with me to convey her wholehearted embrace of Substack, which turns five this summer, half a decade after debuting with a promise to accelerate the advent of what we are convinced will be a new golden age for publishing. Since its founding, in tandem with an industry-wide pivot toward digital subscriptions, Substack has aggressively pursued that goal, making it both a darling of the media world and a breakout star of Silicon Valley. More recently, the company has found itself on the front lines of the culture wars. Its laissez-faire approach to content moderation, which sometimes gives voice to objectionable figures booted from other platforms, has made Substack a lightning rod in the debate over regulating free speech. But even amid bursts of negative media coverage, Substack has maintained a large and loyal user base, and there are no signs of an exodus.

Were not here to build A SMALL BOUTIQUE BUSINESS and just hope for the best, and hope that Google doesnt crush us one day.

Smith, for her part, sees her eponymous newsletter as a sort of petri dish for what the medium can be. In addition to her serialized memoir and other miscellaneous writings, Smith uses Substack for audio messages, poetry readings, and photography. She opens her laptop at night and records impromptu videos, inviting fans into her white-walled bedroom. In February, for Smiths paying subscribers$6 a month/$50 a year for unlimited accessshe hosted a livestreamed performance from Electric Lady Studios, belting out classics like Ghost Dance and Redondo Beach.

In its early days, Substack primarily catered to a certain set of internet-savvy writers and journalists, lured by the promise of monetizing a direct relationship with their readers. But as it morphs from a niche publishing concern into a heavyweight start-up mentioned in the same breath as Twitter and Facebook, its user base is proliferating accordingly. I really like my Instagram, but it has specific boundaries, and this was something new, said Smith. It makes me feel like, in the movies, where you see the reporter that goes to the phone booth and calls in her article. I feel a bit like that.

A year and a half ago, in a column published in the pages of this magazine, I suggested that Substack feels like a player that might just be on the cusp of the big leagues. Since then, Substack has raised an additional $65 million in venture capital, bringing its total funding to $82.4 millionled by mega-firm Andreessen Horowitzand its valuation to a reported $650 million. Its head count is about 90, up from 10 at the start of the pandemic. In November the company, headquartered in San Franciscos Financial District, offered a tiny glimpse into its otherwise opaque revenues, saying it had surpassed a million paid subscriptions to Substack publications, the top 10 of which, out of hundreds of thousands, collectively bring in more than $20 million a year. (Substack typically skims off 10 percent of a newsletters revenue, but individual deals vary; some writers take a lump sum in exchange for relinquishing 85 percent of their subscription dollars.) In addition to Smith, several other literary lions have joined Substack (Salman Rushdie, George Saunders, Roxane Gay, Chuck Palahniuk, Joyce Carol Oates), which has also begun to attract celebrities of varying stripes (Padma Lakshmi, Nick Offerman, Dan Rather, Edward Snowden, Kareem Abdul-Jabbar). In February, President Joe Biden bypassed the long queue of print reporters clamoring for a sit-down and offered one instead to Heather Cox Richardson, the breakout history professor who became Substacks most-read writer last year. Substack also appears to have influenced strategy at major legacy news brands, like The Atlantic and The New York Times, which have been building out their own newsletter portfolios and, in some cases, vying for talent with Substack. Theyre not in Mark Zuckerberg territory just yet, but that appears to be the goal: Someone whos friendly with cofounder Hamish McKenzie told me he once said that Substack would be the next Facebook.

When I asked McKenzie about that, he didnt recall making the remark, but neither did he shy away from laying out the companys ambitions. Were not here to build a small boutique business and just hope for the best, and hope that Google doesnt crush us one day, or Amazon doesnt crush us one day, he said. What we are trying to do is build a true alternative to the attention economy.

McKenzie, a 40-year-old New Zealander who lives in San Francisco with his wife and two kids, is Substacks de facto ambassador to the media. Slim and clean-cut, McKenzie grew up in a rural wine and farming region, where his father worked as an atmospheric scientist and his mother a high school language and culture teacher. At the University of Otago in New Zealands southeast, McKenzie got into journalism, which brought him to Canadas University of Western Ontario for graduate school. In 2006, he moved to Hong Kong and freelanced before helping create Hong Kongs edition of Time Out. Two years later, he joined the American woman who would become his wife, Stephanie Wang, in the United States, eventually landing a reporting gig at PandoDaily, the now defunct technology news website. He seemed very, like, I wanna shake things up, remembers Paul Carr, Pandos former editorial director. You could tell he had big ideas.

At Pando, McKenzies coverage of Tesla and SpaceX caught the attention of an editor who approached him about doing an Elon Musk book. Without a direct line to the elusive billionaire, McKenzie went to the personal website of Musks dietitian mother, found an email address for her, and reached out, seeking advice on the best way to approach her son. To my horror, McKenzie recalls, she just forwarded that email straight to Elonbusted!and then Elon had his P.R. person call me right away. Musk, as it happened, was familiar with McKenzies work and agreed to a call, except he wasnt keen on participating in a book. Have you ever thought about going corporate? he asked McKenzie, who met with Musk about a job at Tesla. McKenzie tried to talk Musk into doing a book anyway but got nowhere. He became a writer for Teslas communications team instead, sticking it out for more than a year before heeding the siren call of his Musk project, Insane Mode, which he left the company to write in 2015. Musk still didnt participate, but McKenzie shared the manuscript prior to publication. It wasnt smooth sailing, McKenzie told me.

While working on Insane Mode, McKenzie took a part-time job doing comms for the messaging app Kik, where he became friends with Chris Best, the companys CTO. Best, a 34-year-old computer wonk who grew up outside Vancouver, had cofounded Kik in 2009 as he was finishing the systems design engineering program at the University of Waterloo in Ontario. In early 2017, Best left Kik and decided to take a year off. I started writing, he told me. One of the things that had been swirling in my head was, like, Hey, I think our media ecosystem has gotten insane! And I wrote basically an essay or a blog post or something. Best shared the piece with McKenzie and asked for feedback. He was bemoaning the state of the world and how it led to this growing divide in society, and how the things that were being rewarded were cheap outrage and flame wars, McKenzie recalls. I was like, Yeah, this is right, and everyone who works in media knows that these are the problems. But what no one knows is how to do something about it. Whats a better way? Whats a solution?

Their solution turned out to be Substack. We were both readers of Stratechery, Ben Thompsons influential, largely paid newsletter about the business of tech and media, says McKenzie, and were like, Yes, the model does work really well. Were both happy subscribers, paying subscribers to Stratechery. Why dont more people try it? It was simple enough to be appealing and convincing to me that it was worth a shot.

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Substacks Founders Dive Headfirst Into the Culture Wars - Vanity Fair

Keeping Up with the EEOC: Artificial Intelligence Guidance and Enforcement Action – Gibson Dunn

May 23, 2022

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On May 12, 2022, more than six months after the Equal Employment Opportunity Commission (EEOC) announced its Initiative on Artificial Intelligence and Algorithmic Fairness,[1] the agency issued its first guidance regarding employers use of Artificial Intelligence (AI).[2]

The EEOCs guidance outlines best practices and key considerations that, in the EEOCs view, help ensure that employment tools do not disadvantage applicants or employees with disabilities in violation of the Americans with Disabilities Act (ADA). Notably, the guidance came just one week after the EEOC filed a complaint against a software company alleging intentional discrimination through applicant software under the Age Discrimination in Employment Act (ADEA), potentially signaling more AI and algorithmic-based enforcement actions to come.

The EEOCs AI Guidance

The EEOCs non-binding, technical guidance provides suggested guardrails for employers on the use of AI technologies in their hiring and workforce management systems.

Broad Scope. The EEOCs guidance encompasses a broad-range of technology that incorporates algorithmic decision-making, including automatic resume-screening software, hiring software, chatbot software for hiring and workflow, video interviewing software, analytics software, employee monitoring software, and worker management software.[3] As an example of such software that has been frequently used by employers, the EEOC identifies testing software that provides algorithmically-generated personality-based job fit or cultural fit scores for applicants or employees.

Responsibility for Vendor Technology. Even if an outside vendor designs or administers the AI technology, the EEOCs guidance suggests that employers will be held responsible under the ADA if the use of the tool results in discrimination against individuals with disabilities. Specifically, the guidance states that employers may be held responsible for the actions of their agents, which may include entities such as software vendors, if the employer has given them authority to act on the employers behalf.[4] The guidance further states that an employer may also be liable if a vendor administering the tool on the employers behalf fails to provide a required accommodation.

Common Ways AI Might Violate the ADA. The EEOCs guidance outlines the following three ways in which an employers tools may, in the EEOCs view, be found to violate the ADA, although the list is non-exhaustive and intended to be illustrative:

Tips for Avoiding Pitfalls. In addition to illustrating the agencys view of how employers may run afoul of the ADA through their use of AI and algorithmic decision-making technology, the EEOCs guidance provides several practical tips for how employers may reduce the risk of liability. For example:

Enforcement Action

As previewed above, on May 5, 2022just one week before releasing its guidancethe EEOC filed a complaint in the Eastern District of New York alleging that iTutorGroup, Inc., a software company providing online English-language tutoring to adults and children in China, violated the ADEA.[11]

The complaint alleges that a class of plaintiffs were denied employment as tutors because of their age. Specifically, the EEOC asserts that the companys application software automatically denied hundreds of older, qualified applicants by soliciting applicant birthdates and automatically rejecting female applicants age 55 or older and male applicants age 60 or older. The complaint alleges that the charging party was rejected when she used her real birthdate because she was over the age of 55 but was offered an interview when she used a more recent date of birth with an otherwise identical application. The EEOC seeks a range of damages including back wages, liquidated damages, a permanent injunction enjoining the challenged hiring practice, and the implementation of policies, practices, and programs providing equal employment opportunities for individuals 40 years of age and older. iTutorGroup has not yet filed a response to the complaint.

Takeaways

Given the EEOCs enforcement action and recent guidance, employers should evaluate their current and contemplated AI tools for potential risk. In addition to consulting with vendors who design or administer these tools to understand the traits being measured and types of information gathered, employers might also consider reviewing their accommodations processes for both applicants and employees.

___________________________

[1] EEOC, EEOC Launches Initiative on Artificial Intelligence and Algorithmic Fairness (Oct.28, 2021), available at https://www.eeoc.gov/newsroom/eeoc-launches-initiative-artificial-intelligence-and-algorithmic-fairness.

[2] EEOC, The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees (May 12, 2022), available at https://www.eeoc.gov/laws/guidance/americans-disabilities-act-and-use-software-algorithms-and-artificial-intelligence?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term [hereinafter EEOC AI Guidance].

[3] Id.

[4] Id. at 3, 7.

[5] Id. at 11.

[6] Id. at 13.

[7] Id. at 14.

[8] For more information, please see Gibson Dunns Client Alert, New York City Enacts Law Restricting Use of Artificial Intelligence in Employment Decisions.

[9] EEOC AI Guidance at 14.

[10] Id.

[11] EEOC v. iTutorGroup, Inc., No. 1:22-cv-02565 (E.D.N.Y. May 5, 2022).

The following Gibson Dunn attorneys assisted in preparing this client update: Harris Mufson, Danielle Moss, Megan Cooney, and Emily Maxim Lamm.

Gibson Dunns lawyers are available to assist in addressing any questions you may have regarding these developments. To learn more about these issues, please contact the Gibson Dunn lawyer with whom you usually work, any member of the firmsLabor and Employmentpractice group, or the following:

Harris M. Mufson New York (+1 212-351-3805, hmufson@gibsondunn.com)

Danielle J. Moss New York (+1 212-351-6338, dmoss@gibsondunn.com)

Megan Cooney Orange County (+1 949-451-4087, mcooney@gibsondunn.com)

Jason C. Schwartz Co-Chair, Labor & Employment Group, Washington, D.C.(+1 202-955-8242, jschwartz@gibsondunn.com)

Katherine V.A. Smith Co-Chair, Labor & Employment Group, Los Angeles(+1 213-229-7107, ksmith@gibsondunn.com)

2022 Gibson, Dunn & Crutcher LLP

Attorney Advertising: The enclosed materials have been prepared for general informational purposes only and are not intended as legal advice.

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Keeping Up with the EEOC: Artificial Intelligence Guidance and Enforcement Action - Gibson Dunn

Leveraging Artificial Intelligence in the Financial Service Industry – HPCwire

In financial services, it is important to gain any competitive advantage. Your competition has access to most of the same data you do, as historical data is available to everyone in your industry. Your advantage comes with the ability to exploit that data better, faster, and more accurately than your competitors. With a rapidly fluctuating market, the ability to process data faster gives you the opportunity to respond quicker than ever before. This is where AI-first intelligence can give you the leg up.

To implement AI infrastructure there are some key considerations to maximize your return on investment (ROI).

When designing for high utilization workloads like AI for financial analytics, it is best practice to keep systems on premise. On premise computing is more cost effective than cloud-based computing when highly utilized. Cloud service costs can add up quickly and any cloud outages inevitably leads to downtime.

You can leverage a range of networking options, but we typically recommend high speed fabrics like 100 gig Ethernet or 200 gig HDR InfiniBand.

You should also consider that the size of your data set is just as important as the quality of your model. So, you will want to allow for a modern AI focused storage design. This will allow you to scale as needed to maximize your ROI

It is also important to keep primary storage close to on premise computing resources to maximize network bandwidth while limiting latency. Keeping storage on premise also keeps your sensitive data safe. Let us look at how storage should be set up to maximize efficiency.

Traditional storage, like NAS (Network Attached Storage), cannot keep up. Bandwidth is limited to around 10 gigabits per second, and it is not scalable enough for AI workloads. Fast local storage does not work for modern parallel problems because it results in constantly copying data in and out of nodes which clogs the network.

AI optimized storage should be parallel and support a single namespace data lake. This enables the storage to deliver large data sets to compute nodes for model training.

Your AI optimized storage must also support high bandwidth fabrics. A good storage solution should enable object storage tiering to remain cost effective, and to serve as an affordable long term scale storage option for regulatory retention requirements.

With AI and machine learning, you can significantly reduce the number of false positives, leading to higher customer satisfaction. Automating minor insurance claims can often now be done by AI, allowing employees to focus on larger and more complex issues.

AI can also be used to review claims or flag cases for more thorough, in-depth analysis by detecting potential fraud or human error. Regular tasks prone to human error can either be reviewed, or in many cases performed entirely by applications with AI, often increasing both efficiency and accuracy.

The chat bot today is different from years past. They are more advanced and can now often replace menial tasks or requests and assist customers looking for self-service, thereby reducing both call volume and length.

AI provides a new future to financial analytics, increasing your ROI and allowing your employees to use their time more efficiently.

Learn more in this webinar.

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Leveraging Artificial Intelligence in the Financial Service Industry - HPCwire

From the archives: A forecast on artificial intelligence, from the 1980s and beyond – Popular Science

To mark our 150th year, were revisiting thePopular Sciencestories (both hits and misses) that helped define scientific progress, understanding, and innovationwith an added hint of modern context. Explore theNotable pagesand check out all our anniversary coveragehere.

Social psychologist Frank Rosenblatt had such a passion for brain mechanics that he built a computer model fashioned after a human brains neural network, and trained it to recognize simple patterns. He called his IBM 704-based model Perceptron. A New York Times headline called it an Embryo of Computer Designed to Read and Grow Wiser. Popular Science called Perceptrons Machines that learn. At the time, Rosenblatt claimed it would be possible to build brains that could reproduce themselves on an assembly line and which would be conscious of their existence. The year was 1958.

Many assailed Rosenblatts approach to artificial intelligence as being computationally impractical and hopelessly simplistic. A critical 1969 book by Turing Award winner Marvin Minsky marked the onset of a period dubbed the AI winter, when little funding was devoted to such researcha short revival in the early 80s notwithstanding.

In a 1989 Popular Science piece, Brain-Style Computers, science and medical writer Naomi Freundlich was among the first journalists to anticipate the thaw of that long winter, which lingered into the 90s. Even before Geoffrey Hinton, considered one of the founders of modern deep learning techniques, published his seminal 1992 explainer in Scientific American, Freundlichs reporting offered one of the most comprehensive insights into what was about to unfold in AI in the next two decades.

The resurgence of more-sophisticated neural networks, wrote Freundlich, was largely due to the availability of low-cost memory, greater computer power, and more-sophisticated learning laws. Of course, the missing ingredient in 1989 was datathe vast troves of information, labeled and unlabeled, that todays deep-learning neural networks inhale to train themselves. It was the rapid expansion of the internet, starting in the late 1990s, that made big data possible and, coupled with the other ingredients noted by Freundlich, unleashed AInearly half a century after Rosenblatts Perceptron debut.

I walked into the semi-circular lecture hall at Columbia University and searched for a seat within the crowded tiered gallery. An excited buzz petered off to a few coughs and rustling paper as a young man wearing circular wire-rimmed glasses walked toward the lectern carrying a portable stereo tape player under his arm. Dressed in a tweed jacket and corduroys, he looked like an Ivy League student about to play us some of his favorite rock tunes. But instead, when he pushed the on button, a string of garbled baby talk-more specifically, baby-computer talk-came flooding out. At first unintelligible, really just bursts of sounds, the child-robot voice repeated the string over and over until it became ten distinct words.

This is a recording of a computer that taught itself to pronounce English text overnight, said Terrence Sejnowski, a biophysicist at Johns Hopkins University. A jubilant crowd broke into animated applause. Sejnowski had just demonstrated a learning computer, one of the first of a radically new kind of artificial-intelligence machine.

Called neural networks, these computers are loosely modeled after the interconnected web of neurons, or nerve cells, in the brain. They represent a dramatic change in the way scientists are thinking about artificial intelligence- a leaning toward a more literal interpretation of how the brain functions. The reason: Although some of todays computers are extremely powerful processors that can crunch numbers at phenomenal speeds, they fail at tasks a child does with ease-recognizing faces, learning to speak and walk, or reading printed text. According to one expert, the visual system of one human being can do more image processing than all the supercomputers in the world put together. These kinds of tasks require an enormous number of rules and instructions embodying every possible variable. Neural networks do not require this kind of programming, but rather, like humans, they seem to learn by experience.

For the military, this means target-recognition systems, self-navigating tanks, and even smart missiles that chase targets. For the business world, neural networks promise handwriting-and face-recognition systems and computer loan officers and bond traders. And for the manufacturing sector, quality-control vision systems and robot control are just two goals.

Interest in neural networks has grown exponentially. A recent meeting in San Diego brought 2,000 participants. More than 100 companies are working on neural networks, including several small start-ups that have begun marketing neural-network software and peripherals. Some computer giants, such as IBM, AT&T, Texas Instruments, Nippon Electric Co., and Fujitsu, are also going full ahead with research. And the Defense Advanced Research Projects Agency (or DARPA) released a study last year that recommended neural-network funding of $400 million over eight years. It would be one of the largest programs ever undertaken by the agency.

Ever since the early days of computer science, the brain has been a model for emerging machines. But compared with the brain, todays computers are little more than glorified calculators. The reason: A computer has a single processor operating on programmed instructions. Each task is divided into many tiny steps that are performed quickly, one at a time. This pipeline approach leaves computers vulnerable to a condition commonly found on California freeways: One stalled car-one unsolvable step-can back up traffic indefinitely. The brain, in contrast, is made up of billions of neurons, or nerve cells, each connected to thousands of others. A specific task enlists the activity of whole fields of neurons; the communication pathways among them lead to solutions.

The excitement over neural networks is not new and neither are the brain makers. Warren S. McCulloch, a psychiatrist at the Universities of Illinois and Chicago, and his student Walter H. Pitts began studying neurons as logic devices in the early 1940s. They wrote an article outlining how neurons communicate with each other electrochemically: A neuron receives inputs from surrounding cells. If the sum of the inputs is positive and above a certain preset threshold, the neuron will fire. Suppose, for example, that a neuron has a threshold of two and has two connections, A and B. The neuron will be on only if both A and B are on. This is called a logical and operation. Another logic operation called the inclusive or is achieved by setting the threshold at one: If either A or B is on, the neuron is on. If both A and B are on, then the neuron is also on.

In 1958 Cornell University psychologist Frank Rosenblatt used hundreds of these artificial neurons to develop a two-layer pattern-learning network called the perceptron. The key to Rosenblatts system was that it learned. In the brain, learning occurs predominantly by modification of the connections between neurons. Simply put, if two neurons are active at once and theyre connected, then the synapses (connections) between them will get stronger. This learning rule is called Hebbs rule and was the basis for learning in the perceptron. Using Hebbs rule, the network appears to learn by experience because connections that are used often are reinforced. The electronic analog of a synapse is a resistor and in the perceptron resistors controlled the amount of current that flowed between transistor circuits.

Other simple networks were also built at this time. Bernard Widrow, an electrical engineer at Stanford University, developed a machine called Adaline (for adaptive linear neurons) that could translate speech, play blackjack, and predict weather for the San Francisco area better than any weatherman. The neural network field was an active one until 1969.

In that year the Massachusetts Institute of Technologys Marvin Minsky and Seymour Papertmajor forces in the rule-based AI fieldwrote a book called Perceptrons that attacked the perceptron design as being too simple to be serious. The main problem: The perceptron was a two-layer system-input led directly into output-and learning was limited. What Rosenblatt and others wanted to do basically was to solve difficult problems with a knee-jerk reflex, says Sejnowski.

The other problem was that perceptrons were limited in the logic operations they could execute, and therefore they could only solve clearly definable problemsdeciding between an L and a T for example. The reason: Perceptrons could not handle the third logic operation called the exclusive or. This operation requires that the logic unit turn on if either A or B is on, but not if they both are.

According to Tom Schwartz, a neural-network consultant in Mountain View, Calif., technology constraints limited the success of perceptrons. The idea of a multilayer perceptron was proposed by Rosenblatt, but without a good multilayer learning law you were limited in what you could do with neural nets. Minskys book, combined with the perceptrons failure to achieve developers expectations, squelched the neural-network boom. Computer scientists charged ahead with traditional artificial intelligence, such as expert systems.

During the dark ages as some call the 15 years between the publication of Minskys Perceptrons and the recent revival of neural networks, some die-hard connectionists neural-network adherentprevailed. One of them was physicist John J. Hopfield, who splits his time between the California Institute of Technology and AT&T Bell Laboratories. A paper he wrote in 1982 described mathematically how neurons could act collectively to process and store information, comparing a problems solution in a neural network with achieving the lowest energy state in physics. As an example, Hopfield demonstrated how a network could solve the traveling salesman problem- finding the shortest route through a group of cities a problem that had long eluded conventional computers. This paper is credited with reinvigorating the neural network field. It took a lot of guts to publish that paper in 1982, says Schwartz. Hopfield should be known as the fellow who brought neural nets back from the dead.

The resurgence of more-sophisticated neural networks was largely due to the availability of low-cost memory, greater computer power, and more-sophisticated learning laws. The most important of these learning laws is some- thing called back-propagation, illustrated dramatically by Sejnowskis NetTalk, which I heard at Columbia.

With NetTalk and subsequent neural networks, a third layer, called the hidden layer, is added to the two-layer network. This hidden layer is analogous to the brains interneurons, which map out pathways between the sensory and motor neurons. NetTalk is a neural-network simulation with 300 processing units-representing neurons- and over 10,000 connections arranged in three layers. For the demonstration I heard, the initial training input was a 500-word text of a first-graders conversation. The output layer consisted of units that encoded the 55 possible phonemes-discreet speech sounds-in the English language. The output units can drive a digital speech synthesizer that produces sounds from a string of phonemes. When NetTalk saw the letter N (in the word can for example) it randomly (and erroneously) activated a set of hidden layer units that signaled the output ah. This output was then compared with a model: a correct letter-to-phoneme translation, to calculate the error mathematically. The learning rule, which is actually a mathematical formula, corrects this error by apportioning the blame-reducing the strengths of the connections between the hidden layer that corresponds to N and the output that corresponds to ah. At the beginning of NetTalk all the connection strengths are random, so the output that the network produces is random, says Sejnowski. Very quickly as we change the weights to minimize error, the network starts picking up on the regular pattern. It distinguishes consonants and vowels, and can make finer distinctions according to particular ways of pronouncing individual letters.

Trained on 1,000 words, within a week NetTalk developed a 20,000-word dictionary. The important point is that the network was not only able to memorize the training words, but it generalized. It was able to predict new words it had never seen before, says Sejnowski. Its similar to how humans would generalize while reading Jabberwocky.

Generalizing is an important goal for neural networks. To illustrate this, Hopfield described a munition identification problem he worked on two summers ago in Fort Monmouth, N.J. Lets say a battalion needs to identify an unexploded munition before it can be disarmed, he says. Unfortunately there are 50,000 different kinds of hardware it might be. A traditional computer would make the identification using a treelike decision process, says Hopfield. The first decision could be based on the length of the munition. But theres one problem: It turns out the munitions nose is buried in the sand, and obviously a soldier cant go out and measure how long it is. Although youve got lots of information, there are always going to be pieces that you are not allowed to get. As a result you cant go through a treelike structure and make an identification.

Hopfield sees this kind of problem as approachable from a neural-network point of view. With a neural net you could know ten out of thirty pieces of information about the munition and get an answer.

Besides generalizing, another important feature of neural networks is that they degrade gracefully. The human brain is in a constant state of degradation-one night spent drinking alcohol consumes thousands of brain cells. But because whole fields of neurons contribute to every task, the loss of a few is not noticeable. The same is true with neural networks. David Rumelhart, a psychologist and neural-network researcher at Stanford University, explains: The behavior of the network is not determined by one little localized part, but in fact by the interactions of all the units in the network. If you delete one of the units, its not terribly important. Deleting one of the components in a conventional computer will typically bring computation to a halt.

Although neural networks can be built from wires and transistors, according to Schwartz, Ninety-nine percent of what people talk about in neural nets are really software simulations of neural nets run on conventional processors. Simulating a neural network means mathematically defining the nodes (processors) and weights (adaptive coefficients) assigned to it. The processing that each element does is determined by a mathematical formula that defines the elements output signal as a function of whatever input signals have just arrived and the adaptive coefficients present in the local memory, explains Robert Hecht-Nielsen, president of Hecht-Nielsen Neurocomputer Corp.

Some companies, such as Hecht- Nielsen Neurocomputer in San Diego, Synaptics Inc. in San Jose, Calif., and most recently Nippon Electric Co., are selling specially wired boards that link to conventional computers. The neural network is simulated on the board and then integrated via software to an IBM PC-type machine.

Other companies are providing commercial software simulations of neural networks. One of the most successful is Nestor, Inc., a Providence, Rl.,-based company that developed a software package that allows users to simulate circuits on desk-top computers. So far several job-specific neural networks have been developed. They include: a signature-verification system; a network that reads handwritten numbers on checks; one that helps screen mortgage loans; a network that identifies abnormal heart rates; and another that can recognize 11 different aircraft, regardless of the observation angle.

Several military contractors including Bendix Aerospace, TRW, and the University of Pennsylvania are also going ahead with neural networks for signal processing-training networks to identify enemy vehicles by their radar or sonar patterns, for example.

Still, there are some groups concentrating on neural network chips. At Bell Laboratories a group headed by solid-state physicist Larry Jackel constructed an experimental neural-net chip that has 75,000 transistors and an array of 54 simple processors connected by a network of resistors. The chip is about the size of a dime. Also developed at Bell Labs is a chip containing 14,400 artificial neurons made of light-sensitive amorphous silicon and deposited as a thin film on glass. When a slide is projected on the film several times, the image gets stored in the network. If the network is then shown just a small part of the image, it will reconstruct the original picture.

Finally, at Synaptics, CalTechs Carver Mead is designing analog chips modeled after human retina and cochlea.

According to Scott E. Fahlman, a senior research scientist at Carnegie Mellon University in Pittsburgh, Pa., building a chip for just one network can take two or three years. The problem is that the process of laying out all the interconnected wires requires advanced techniques. Simulating networks on digital machines allows researchers to search for the best architecture before committing to hardware.

There are at least fifty different types of networks being explored in research or being developed for applications, says Hecht-Nielsen. The differences are mainly in the learning laws implemented and the topology [detailed mapping] of the connections. Most of these networks are called feed-forward networks-information is passed forward in the layered network from inputs to hidden units and finally outputs.

John Hopfield is not sure this is the best architecture for neural nets. In neurobiology there is an immense amount of feedback. You have connections coming back through the layers or interconnections within the layers. That makes the system much more powerful from a computational point of view.

That kind of criticism brings up the question of how closely neural networks need to model the brain. Fahlman says that neural-network researchers and neurobiologists are loosely coupled. Neurobiologists can tell me that the right number of elements to think about is tens of billions. They can tell me that the right kind of interconnection is one thousand or ten thousand to each neuron. And they can tell me that there doesnt seem to be a lot of flow backward through a neuron, he says. But unfortunately, he adds, they cant provide information about exactly whats going on in the synapse of the neuron.

Neural networks, according to the DARPA study, are a long way off from achieving the connectivity of the human brain; at this point a cockroach looks like a genius. DARPA projects that in five years the electronic neurons of a neural network could approach the complexity of a bees nervous system. That kind of complexity would allow applications like stealth aircraft detection, battlefield surveillance, and target recognition using several sensor types. Bees are pretty smart compared with smart weapons, commented Craig I. Fields, deputy director of research for the agency. Bees can evade. Bees can choose routes and choose targets.

Some text has been edited to match contemporary standards and style.

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From the archives: A forecast on artificial intelligence, from the 1980s and beyond - Popular Science

Artificial Intelligence in Supply Chain Market Research With Amazon Web Services, Inc., project44.| Discusse Reach Good Valuation The Daily Vale -…

With its unique ability to process millions of data points per second, AI can help supply chain managers solve tactical and strategic decision-making problems. This is particularly useful when dealing with large amounts of unstructured data. The ability to automate day-to-day tasks can help companies react more quickly to changes or problems in the supply chain. It also ensures that inventory levels are optimized for optimal availability at the lowest possible cost.

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Artificial Intelligence in Workspace Market Research With Intel, Nvidia, IBM Growth, Opportunities, Worldwide Forecast and Size 2022 to 2026 The…

Artificial intelligence (AI) in the workplace increases the productivity of your workforce by delivering personalized experiences based on data and purpose-built vessels. It will also help improve employee loyalty and satisfaction and turn employees into loyal brand ambassadors. In addition, a significant benefit of AI in the workplace is the introduction of intelligent automation and the elimination of human error.

The Artificial Intelligence in Workspace Market research report offers adequate information that helps market players to prepare to develop in line with the changes and ensure a strong market position in this competitive Artificial Intelligence in Workspace for a more extended period, by 2022-2027. This report is prepared in easy-to-understand language and includes useful statistics pointing out the bottom line oriented thoughts to benefit the competitive field in this Market. Additionally, this report highlights key opportunities, market trends, and market dynamics consisting of driving forces and challenging situations. With the help of this research guide, interested market players Artificial Intelligence in Workspace can compete with their most challenging competitors based on development, deals, and other essential elements.

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Artificial Intelligence in Workspace Market Research With Intel, Nvidia, IBM Growth, Opportunities, Worldwide Forecast and Size 2022 to 2026 The...

Artificial Intelligence (AI) in Contact Center Market Analysis by Emerging Growth Factors and Revenue Forecast to 2028 IBM, Google, AWS, Microsoft,…

Adroit Market Research published a new research study on Global Artificial Intelligence (AI) in Contact Center Market 2022 by Manufacturers, Regions, Type and Application, Forecast to 2028 that promises a complete review of the marketplace, clarifying the previous experience and trends. On the basis of these previous experiences, it offers the future prediction considering other factors influencing the growth rate. The report covers the crucial elements of the global Artificial Intelligence (AI) in Contact Center market and elements such as drivers, current trends of the past and present times, supervisory scenario & technological growth. The research document presents in-depth evaluation of the market. It shows a detailed observation of several aspects, including the rate of growth, technological advances and various strategies implemented by the main current market players.

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Leading players of Artificial Intelligence (AI) in Contact Center Market including:

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Artificial Intelligence (AI) in Contact Center market Segmentation by Type:

By Component (Computer Platforms, Solutions, Services)

Artificial Intelligence (AI) in Contact Center market Segmentation by Application:

By Application (BFSI, Telecom, Retail & E-Commerce, Media & Entertainment, Healthcare,Travel & Hospitality, Others)

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1. The Artificial Intelligence (AI) in Contact Center market research report provides statistical analysis via graphs, figures and pie charts indication the market dynamics and growth trends in the past and in future.2. The report also shares current market status, drivers and restrains, granular assessment of the industry segments such as sales, marketing and production along with data provided from producers, retailers and vendors.3. The Artificial Intelligence (AI) in Contact Center report also includes the analysis of top players in the market and their market status, revenues and changing strategies.4. Leading players turning towards trending products for new product development and changing sales and marketing strategies due to the impact of COVID-19 are shared in the global Artificial Intelligence (AI) in Contact Center market report.5. The Artificial Intelligence (AI) in Contact Center market report offers product segmentation and applications including the wide range of product services and major influential factors for expansion of the industry.6. Along with this, regional segmentation is also provided in the Artificial Intelligence (AI) in Contact Center market report identifying the dominating regions.

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* Analysing the outlook of the Artificial Intelligence (AI) in Contact Center market with the recent trends and Porters five forces analysis* To study current and future market outlook in the developed and emerging markets* Market dynamics scenario, along with growth opportunities of the market in the years to come* Market segmentation analysis including qualitative and quantitative research incorporating the impact of economic and non-economic aspects* Regional and country level analysis integrating the demand and supply forces that are influencing the growth of the market.* Market value (USD Million) and volume (Units Million) data for each segment and sub-segment* Distribution Channel Sales Analysis by Value* Competitive landscape involving the market share of major players, along with the new product launch and strategies adopted by players in the past five years* Comprehensive company profiles covering the product offerings, key financial information, recent developments, SWOT analysis, and strategy employed by the major market players

Table of Content:

1 Scope of the Report1.1 Market Introduction1.2 Research Objectives1.3 Years Considered1.4 Market Research Methodology1.5 Economic Indicators1.6 Currency Considered2 Executive Summary3 Global Artificial Intelligence (AI) in Contact Center by Players4 Artificial Intelligence (AI) in Contact Center by Regions4.1 Artificial Intelligence (AI) in Contact Center Market Size by Regions4.2 Americas Artificial Intelligence (AI) in Contact Center Market Size Growth4.3 APAC Artificial Intelligence (AI) in Contact Center Market Size Growth4.4 Europe Artificial Intelligence (AI) in Contact Center Market Size Growth4.5 Middle East & Africa Artificial Intelligence (AI) in Contact Center Market Size Growth5 Americas6 APAC7 Europe8 Middle East & Africa9 Market Drivers, Challenges and Trends9.1 Market Drivers and Impact9.1.1 Growing Demand from Key Regions9.1.2 Growing Demand from Key Applications and Potential Industries9.2 Market Challenges and Impact9.3 Market Trends10 Global Artificial Intelligence (AI) in Contact Center Market Forecast11 Key Players Analysis12 Research Findings and Conclusion

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Artificial Intelligence (AI) in Contact Center Market Analysis by Emerging Growth Factors and Revenue Forecast to 2028 IBM, Google, AWS, Microsoft,...