This week I am continuing to provide some takeaways from a few of the many sessions I attended at the International Franchise Association’s Annual Convention in Las Vegas earlier this month. Google Head of Data Measurement and Analytics for WPP Agencies, Nadia Carta (“Carta”), led a super session on how franchisors and franchisees can easily
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Hawaii Issues Guidance to State Agencies on AI
Hawaii’s State Data Office recently issued a series of guidance documents for its state agencies on how to handle artificial intelligence. This includes guidance on data protection, data retention and use of Generative AI.
For data protection, the agencies are requires to abide by principles of:
- Data minimization
- Acting with legal authorization
- Allowing individuals to
The First U.S. AI Copyright “Fair Use” Ruling Favors Copyright Owners
Yesterday, in the first U.S. ruling on the closely scrutinized question of fair use in the AI-related copyright litigation context, U.S. Circuit Judge Stephanos Bilbas, sitting in the U.S. District Court for the District of Delaware by designation from the Third Circuit, held that U.S. copyright law did not permit Thomson Reuters’s now-defunct former competitor,
How Will the FTC Approach AI Under the Trump Administration?
Federal Trade Commission Commissioner Melissa Holyoak spoke last week at a conference in Miami about “a new season at the FTC.”
What can we learn from Holyoak’s comments about the FTC’s plans for AI regulation and free speech?
TL;DR: AI should be facilitated, but not if it restricts competition or engages in fraud. Also, collusion
Annual Super Bowl Post
My favorite blog post of the year—where I get to assess the best commercials, track the rise in ad costs, and challenge you to identify your favorite celebrity endorsement.
This year, demand for ad space was “robust” with some 30-second ad spots going for $8 million (up from around $7 million last year), according to
What Is an AI System? The EU Offers a Formula
The European Commission recently issued a formula for identifying Artificial Intelligence Systems:
Machine-based system
Designed to operate with varying levels of autonomy
- Some degree of independence of actions from human involvement
- Some inference capacity
- BUT broad: Includes a system that requires manually provided inputs to generate an output by itself
That may exhibit adaptiveness after
Executive Orders to Watch for Federal Contractors and Fund Recipients
President Trump signed a multitude of Executive Orders (EOs) during his first two weeks in office. EOs are directives from the President to federal agencies that do not require Congressional approval. EOs include mandates that take immediate effect and others that require some groundwork by federal agencies to effect, such as the drafting of implementing
New Jersey: It’s Illegal To Discriminate, so It’s Also Illegal To Discriminate Using AI
The New Jersey Attorney General recently issued guidance to clarify how the New Jersey Law Against Discrimination (LAD) applies to algorithmic discrimination.
Key points:
- If your conduct is discriminatory without AI, it’s still discriminatory with AI. Intent to discriminate isn’t required.
- You can be liable as a user of AI, not just as a developer
New Year, New HIPAA Security Rules Headed Your Way
What better way to welcome the new year than with proposed new HIPAA Security Rules?
As 2024 came to an end, the U.S. Department of Health and Human Services announced new proposed regulations to strengthen cybersecurity and protection measures for ePHI. If adopted, this would be the first update to the Security Rule since 2013.
How Anonymous Is Your AI Model?
There is more to learn from the European Data Protection Board’s recent opinion on AI models.
I previously reviewed the EDPB’s take on what the consequences could be for the unlawful processing of personal data in the development phase of an AI model. I also looked at how people should analyze “legitimate interest.”
This