Congress has managed not to adopt a federal privacy law, leaving it to the Securities Exchange Commission, the Federal Trade Commission, and other regulators to fill the void – something that will take years to implement and will be subject to challenges.
We now have, however, ten state privacy laws – five adopted in just
The EU Approach to AI Regulation: Texts That Generative AI Will Not Come Up With
The regulation of artificial intelligence (AI) has been a hot topic in recent months, fueled by the disruption caused by Generative AI and the privacy and security concerns it raised. Numerous regional and national initiatives around the globe are part of a race to define a regulatory approach with many challengers (ethical use, product safety,
AI-Powered Chatbots: Mythical Super Creature or Legal Trojan Horse
Ever since the public launch of OpenAI’s ChatGPT, the world has been gasping at the astonishing accomplishments of this generative AI chatbot: a simple “prompt” in the form of a question (“which are the most important decisions of the CJEU in copyright?”) will receive a credible response within seconds (“The Court of Justice of the
Federal Judges Revise Court Rules to Require Certification Regarding the Use of A.I.
Seyfarth Synopsis: Federal judges are requiring attorneys to attest as to whether they have used generative artificial intelligence (AI) in court filings, and if so, how and in what manner it was used. These court orders come just days after two New York attorneys filed a motion in which ChatGPT provided citations to non-existent caselaw
Use of ChatGPT in Federal Litigation Holds Lessons for Lawyers and Non-Lawyers Everywhere
You may have recently seen press reports about lawyers who filed and submitted papers to the federal district court for the Southern District of New York that included citations to cases and decisions that, as it turned out, were wholly made up; they did not exist. The lawyers in that case used the generative artificial
South Korea Looks to Tighten Biometrics Laws Amid Generative AI
On 31 May 2023, South Korea’s Personal Information Protection Commission announced[1] that a research group comprising experts from academia, industry and law would be set up, with the aim of reviewing the nation’s laws to enhance the protection of data subjects’ biometric information when this data is processed, particularly in light of recent generative
Is it Time to Analyze Analytics?
Website analytics are a key part of understanding whether a website “works,” and how to improve it; they arose almost at the same time that companies began using websites to transact business. For the most part, and for a long time, website analytics were seen as benign – a way to track information without trampling
If you Think “My Health, My Data” Does Not Apply to Your Company, You May Want to Think Again
Many companies may be quick to dismiss Washington’s “My Health, My Data” (MHMD) as a health data law that does not apply to them. But there are many reasons you should think twice before disregarding this law.
First, unlike the state privacy laws that have been passed so far, MHMD applies to all companies regardless
CJEU Rejects Minimum Threshold for GDPR Claims
The court determined that mere infringement of the GDPR is insufficient for a damages claim, but that there is no minimum threshold for non-material damages.
By Tim Wybitul, Myria Saarinen, Isabelle Brams, Floriane Cruchet, Camille Dorval, Charlotte Guerin, Lara Nonninger, and Hayley Pizzey
In a recent judgment (
White House Unveils New Actions to Foster Responsible AI Innovation Proctecting Individuals’ Rights and Safety
On May 4, 2023, the White House announced three new actions to further promote responsible innovation in artificial intelligence (“AI”) while protecting people’s rights and safety. These actions include: (1) making investments in AI research and development institutes; (2) conducting public assessments of existing AI system models; and (3) creation of policies for the use