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FTC’s Operation AI Comply Generated in Part by Fear of Scale
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October 24, 2024
FTC’s Operation AI Comply Generated in Part by Fear of Scale
By: Jordan Briggs
With the increased visibility of Artificial Intelligence (“AI”) in our daily lives—in search engines, PDF readers, social media feeds—AI is starting to become commonplace and its use normalized. In its recent crackdown against five businesses advertising AI services to consumers, the FTC put its enforcement authority behind its belief that AI can “turbocharge deception” (“Operation AI Comply”). But by its very nature, as a machine trained to learn on its, at least at first, human-provided inputs, when it comes to combatting deceptive practices, are the problems we face from AI all that different from the ones we faced already? Of the five businesses the FTC brought actions against, only two are actual use cases of AI. The other three, Ascend…
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What are cookie consents and do you really need them on your website?
October 15, 2024
What are cookie consents and do you really need them on your website?
By: Nicole Kardell
Most of us are accustomed to receiving pop-up notices regarding cookies when we first visit a website. Some people quickly click the “accept” button and move on. Others review their choices, and opt out of some, if not all, optional cookies. Why suddenly, have we been offered such choices online, even in the U.S.? Those in Europe and the U.K. have been accepting and rejecting…
FTC Adds COPPA Violations to the Growing List of Privacy Concerns While TikTok is on the Clock
August 13, 2024
FTC Adds COPPA Violations to the Growing List of Privacy Concerns While TikTok is on the Clock
By: Jordan Briggs
For years now, TikTok has seemed to be the center of attention. From viral baking content to true crime to dancing videos to family-influencer content, everyone seems to be on it or talking about it. And the FTC has said that’s part of the problem. On August 2, the Department of Justice (“DOJ”) brought a suit on behalf of the Federal Trade Commission (the “FTC”) against…
CFTC Regulated Markets May Give Bitcoin the Stability It Needs
November 28, 2017
CFTC Regulated Markets May Give Bitcoin the Stability It Needs
By: Ifrah Law
The unregulated nature of virtual currencies like Bitcoin plays a big role in their appeal. However, wild swings in prices in addition to the perception that these markets are subject to manipulation, make it difficult—if not impossible—for the average person to rely heavily on Bitcoin and other virtual currencies as a currency, much less as an investment vehicle. Ironically, some degree of rational regulation may…
SEC and FTC Warn Celebrities Must Disclose Financial Connection For ICO Endorsements
November 27, 2017
SEC and FTC Warn Celebrities Must Disclose Financial Connection For ICO Endorsements
By: Ifrah Law
Cryptocurrency is the latest trend to be embraced by celebrities, so much so that the federal government this month issued a warning about the possible risks involved. Both the U.S. Securities and Exchange Commission (SEC) and the Federal Trade Commission (FTC) have made clear that if a celebrity is being paid to promote a product on social media, the financial connection between the endorser and…
Deadline Fast Approaches for Final DMCA Registration
November 7, 2017
Deadline Fast Approaches for Final DMCA Registration
By: Steven Eichorn
The Digital Millennium Copyright Act (DMCA) provides a safe harbor from copyright infringement liability for online service providers. While not a particularly famous law, it is a critical law because it enables websites to accommodate user-generated content without being concerned for copyright infringement claims by hosting that content. However, in order to preserve their safe harbor qualification, online service providers must submit an online registration…
Congress Saves Consumer Arbitration
October 25, 2017
Congress Saves Consumer Arbitration
By: George Calhoun
In July 2017, the Bureau of Consumer Financial Protection (“CPFB”) announced a new rule broadly barring arbitration provisions in a wide swath of consumer contracts. See 12 CFR part 1040. To go into effect next Spring, the final rule would have prohibited providers of certain consumer financial products and services from using an agreement with a consumer that provides for arbitration of any future dispute…
GDPR D-Day: If Not Prepared, It Could Cost You Europe
September 26, 2017
GDPR D-Day: If Not Prepared, It Could Cost You Europe
By: Nicole Kardell
GDPR D-Day: May 25, 2018. If you are not prepared, the results could cost you Europe. In the U.S., we’ve had a pretty business-friendly approach to consumer data protection. And while federal and state authorities have their respective consumer protection laws, there is no single federal law that clearly defines U.S. policy on how consumer data may be collected and used. Businesses have come to…