Data Privacy and Cybersecurity Posts

Ready, Set, Go: More States Adopt Privacy Laws

Jul 8, 2024

Ready, Set, Go: More States Adopt Privacy Laws

Note the below chart was updated on July 8, 2024 to reflect recent developments. The number of U.S. states that have adopted privacy laws grows regularly. Fortunately, there seems to be quite a bit of crossover, at least when it comes to thresholds that companies must meet in order to trigger compliance requirements. We provide…

Will AI lead Google Paid Advertisers to Ask for a Refund?

Jun 27, 2024

Will AI lead Google Paid Advertisers to Ask for a Refund?

In May 2024, Google unveiled a suite of new AI products as part of its strategy to reassert its position as a dominant powerhouse in all things technology. This approach includes revamping its Google Search functionality, the product after which it has a verb named, by incorporating its proprietary AI, named Gemini, into Search. Was…

Ad-Tech Europe: The Moving Target Marking Targeted Advertising

Apr 26, 2024

Ad-Tech Europe: The Moving Target Marking Targeted Advertising

The European Data Protection Board (“EDPB”) recently published an opinion on the legality of pay-or-consent models for online platforms offering services in Europe.  While the opinion is non-binding and limited to “large online platforms[1],” companies that offer platforms large and small in Europe should pay attention to the EDPB’s analysis—it will inform their future guidance…

OpenAI’s Legal Troubles Mount as New York Times Lawsuit Escalates Alongside SEC Investigation

Mar 4, 2024

OpenAI’s Legal Troubles Mount as New York Times Lawsuit Escalates Alongside SEC Investigation

On February 28th, 2024, the Wall Street Journal reported that the Securities and Exchange Commission (”SEC”) is investigating OpenAI’s internal communications following the board’s ousting and re-introduction of OpenAI CEO Sam Altman in November 2023. Importantly, the SEC’s scrutiny of OpenAI adds to the mounting legal and regulatory challenges faced by the company. As rationale…

Ding Dong – The Police Want Access to Your Doorbell Footage. Can They Get It?

Feb 16, 2024

Ding Dong – The Police Want Access to Your Doorbell Footage. Can They Get It?

The popular electronic doorbell company, Ring, recently announced a change to its policy of sharing doorbell footage with law enforcement agencies. In a blog post, the company, which is owned by Amazon, revealed it will sunset the “Request for Assistance” tool, which allowed law enforcement agencies to request and access users’ doorbell footage through Ring’s…

2024, AI, and the Harnessing of the Wild West

Jan 10, 2024

2024, AI, and the Harnessing of the Wild West

We are writing a lot about artificial intelligence these days… but then there is a lot to say on the topic.  AI is making headlines in terms of legal battles and legislative developments.  At the end of 2023, the New York Times filed suit against Microsoft and OpenAI for copyright infringement based upon alleged unauthorized…

Navigating the AI Regulatory Landscape: Comparing Biden’s Executive Order and the EU’s Artificial Intelligence Act

Jan 2, 2024

Navigating the AI Regulatory Landscape: Comparing Biden’s Executive Order and the EU’s Artificial Intelligence Act

The regulation of artificial intelligence (“AI”) is a popular topic of discussion. Politicians, activists and even AI developers have weighed in to urge the Government to take steps to create guardrails for the technology’s development and use. Yet, until recently, governments and regulators have been slow to take action and pass concrete legislation – leaving…

How Does AI Use the Data You Give it?

Dec 20, 2023

How Does AI Use the Data You Give it?

The development and public offering of generative Artificial Intelligence (AI) models has led to the introduction of many work-complementing and work-supplementing tools that offer individuals and organizations the ability to streamline or expand their workflows. Generative AIs are algorithms, specifically large language models (LLMs), trained on massive amounts of input data to generate their own…

Ad Tech in Europe: What Does the Future Hold?

Dec 4, 2023

Ad Tech in Europe: What Does the Future Hold?

If you are subject to the EU’s General Data Protection Regulation and you engage in behavioral advertising, you may want to rethink your business model. A recent decision from the European Data Protection Board (which oversees application and enforcement of the GDPR across the EU) and related statements from regulators from several European member states…

Plunging into the unknown: companies should look to sound privacy practices as they integrate AI

Oct 24, 2023

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…