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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…
A Giant Demanding Piece of … Restrictiveness: Do you need to pay attention to the coming GDPR?
August 28, 2017
A Giant Demanding Piece of … Restrictiveness: Do you need to pay attention to the coming GDPR?
By: Nicole Kardell
GDPR. If you see those letters and think it is an acronym for Gosh Darned Pain in the Rear (or an edgier equivalent) you are in large-part correct. But if you don’t know any more than that, and you are a company with any ties to Europe, then you need to read further. GDPR, the General Data Protection Regulation, is an extensive and broad-reaching regulation…
ICOs: Proceed with Caution
July 25, 2017
ICOs: Proceed with Caution
By: Steven Eichorn
Today, the Securities and Exchange Commission (“SEC”) issued an investor bulletin and an investigative report. The investigative report found that companies involved in sales of digital assets via distributed ledger or blockchain technology may be engaged in conduct subject to federal securities laws. While this report is the first of its kind to address initial coin offerings (“ICO”) or token sales and securities regulation, companies…
The FTC’s Role in Privacy
April 22, 2017
The FTC’s Role in Privacy
By: Nicole Kardell
Acting Chairman of the Federal Trade Commission, Maureen Ohlhausen, answered questions about the FTC’s current role in data privacy before a crowded audience at the April 2017 IAPP Global Privacy Summit in D.C. Below are some take-aways we wanted to share from Commissioner Ohlhausen’s talk: Even if out of ISP oversight, the FTC is actively engaged in data privacy enforcement through its consumer protection role….
D.C. Circuit v. FCC – More Pushback to Come?
April 17, 2017
D.C. Circuit v. FCC – More Pushback to Come?
By: Michelle Cohen
Over the past several years, the Federal Communications Commission (“FCC”) took an expansive view of its rules under the Telephone Consumer Protection Act of 1991 (“TCPA”). The TCPA bars certain calls, texts and faxes without prior express consent and requires disclosures and opt-out procedures. While the FCC and state attorney generals may enforce the TCPA, the law’s truth “teeth” come in the form of private…
Online Reviewers Get New Protections
January 12, 2017
Online Reviewers Get New Protections
By: Michelle Cohen
Your business booked a large charity event. However, the customer contact turns out to be a nightmare. She complains (during and after the event) that the service was slow, the food looked and tasted like a frozen meal, and the drinks were watered down. She even claims she was overcharged. You reviewed the situation and, while you disagree, you offer her a credit. She declines…