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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…
Will AI lead Google Paid Advertisers to Ask for a Refund?
June 27, 2024
Will AI lead Google Paid Advertisers to Ask for a Refund?
By: Jake Gray
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 this a smart move on Google’s part? Or does it…
Digital Assets as Commodities: Proposed Bill that Would Favor the CFTC as the Primary Regulator of Digital Assets Passed the House
May 31, 2024
Digital Assets as Commodities: Proposed Bill that Would Favor the CFTC as the Primary Regulator of Digital Assets Passed the House
By: Jordan Briggs
Despite being a frequent topic of discussion for government agencies and lawmakers, digital assets and their markets are still largely unregulated in the United States. This is due in part to the debate over which agency should be in control of creating an overarching regulatory framework for digital assets. Instead of proposing new regulatory schemes to fit the innovative technology, the debate in the US…
Ticketmaster’s Cruel Summer – the potential implications of a DOJ lawsuit against the ticketing platform and why concert fans may not be out of the woods yet.
May 16, 2024
Ticketmaster’s Cruel Summer – the potential implications of a DOJ lawsuit against the ticketing platform and why concert fans may not be out of the woods yet.
By: Abbey Block
It looks like it could be a “cruel summer” for the country’s largest concert promoter, Live Nation Entertainment and its subsidiary ticketing platform, Ticketmaster. In early April, the Wall Street Journal reported that the Department of Justice was preparing to file a lawsuit against the promoter, alleging that the company used its monopoly over the industry to prevent competition, harming consumers in the process. Indeed…
The FTC Kills Noncompetes
April 30, 2024
The FTC Kills Noncompetes
By: George Calhoun
In a groundbreaking move that will reshape the workplace and many litigation practices nationwide, the FTC has issued a final rule that effectively bans all employee non-compete clauses. Approximately 30 million Americans currently work under a non-compete clause. All but a few applicable to senior executives will be void upon the effective date of the rule. After the rule is effective, no new non-compete clauses…
Ad-Tech Europe: The Moving Target Marking Targeted Advertising
April 26, 2024
Ad-Tech Europe: The Moving Target Marking Targeted Advertising
By: Nicole Kardell
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 for entities large and small. The upshot: Pay-or-consent models [for…