Plunging into the unknown: companies should look to sound privacy practices as they integrate AI
How would you like to dive off a cliff with no idea how far you will drop, how deep the water is, and zero training on how to properly position your body to minimize impact once you hit the water? That’s how we approach artificial intelligence these days. Or perhaps more aptly put: How would…
Read MoreCalifornia Age-Appropriate Design Code Act Stymied After Federal District Court Ruling
As state legislatures pursue laws directed at online safety and privacy for children, federal courts are striking down their efforts. The latest example is California’s Age-Appropriate Design Code Act (CA-AADC), which a federal judge in the Northern District of California enjoined from enforcement. While larger questions loom about constitutional authority and what is the best…
Read MoreDistrict Court Rules that Robots Can’t Hold a Copyright
If asked to name the greatest artists of all time, you may think of well-known figures such as Vincent Van Gogh, Pablo Picasso, and Michelangelo. What do these artists have in common – apart from their creative talent? They’re human. While that answer may seem painfully obvious, the humanity of authorship may not always be…
Read MoreGot Endorsers? Federal Trade Commission Issues Updated Advertising Guides
The Federal Trade Commission (“FTC”) recently issued updated “Endorsement Guides.” Guides, last revised in 2009, give businesses guidance on what endorsement practices may be considered “unfair” or “deceptive” under the FTC Act. They also provide the general principles the FTC will use in evaluating endorsements and testimonials. As social media has evolved, the FTC has…
Read MoreCFTC Wins Suit Against DAO, With Potential Broad Implications for DAO Ecosystem
The Commodities Futures Trading Commission (“CFTC”) has only brought one lawsuit against a Decentralized Autonomous Organization, or a DAO, which was recently decided in federal court. The case involved a decentralized finance trading protocol “that had transformed into a decentralized autonomous organization, a DAO, offering leveraged and margined retail commodity transactions to the public,” according…
Read MoreINFORM Consumers Act – Is Your Company Ready for June 27 Compliance?
On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM Consumers Act”, or “Act”) becomes effective, imposing new obligations on online marketplaces like Amazon, eBay, and Etsy. Specifically, the INFORM Consumers Act requires online marketplaces to verify and disclose high-volume third-party sellers’ identities. Congress enacted the law…
Read MoreLiar, Liar Robot on Fire – Can You Seek Legal Relief if a Chatbot Defames You?
When another person publishes a lie about you that causes harm to your reputation, you can seek relief by filing a defamation lawsuit. But what sort of relief is available when the person making the defamatory statement isn’t a person at all – but instead is a robot? The world may soon find out. In…
Read MoreAppeals Court Tells Elon Musk –A Deal Is A Deal: SEC Consent Decree Sticks
When faced with federal agency enforcement actions, companies frequently enter into consent decrees with the government to avoid the time, expense, and uncertainties of litigation. Consent decrees often involve the payment of settlement monies. They can also include lengthy commitments in furtherance of compliance, such as annual reporting and officer certifications. Consent decrees may also…
Read MoreFor the Children!: Children’s Online Safety Becomes Focus of State and Federal Law
Have you seen the latest craze in babysitting? If you are ever out in public, you have. Think of the last time you were at a restaurant, stoplight, or airport, and noticed a child, aged between tot and tween, fixated on his or her device. That’s the craze: the cheapest, most available babysitting option these…
Read MoreArtificial Intelligence Poses Threat to Business Data Privacy and Confidential Information
Over the last year, an abundance of headlines detailing innovations in artificial intelligence (AI) technology have hit the news cycle. Beyond mere technical advancements, many reports have discussed AI’s potential to revolutionize innumerable industries and the workplace, whether for better or worse. The White House is accordingly delving into AI’s role in the workplace, recently…
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