Senate Leaders Propose New Bipartisan Framework for AI Regulation Posted on October 12, 2023 On September 8, 2023, Senators Richard Blumenthal (D-CT) and Josh Hawley (R-MO), leaders of the Senate Judiciary Subcommittee on Privacy, Technology, and the Law, proposed a new framework for congressional regulation of AI. The Bipartisan Framework for U.S. AI Act defines five key policy considerations for future legislation, building on the SAFE Innovation Framework released by Senate Majority Leader Chuck...
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Approaches to Regulating Government Use of Facial Recognition Technology Posted on May 04, 2023 Much has been said about the discriminatory nature of facial recognition technology (FRT): FRT exhibits racial bias, FRT misidentifies women at higher rates, FRT is discriminatory by design. As a result, particular attention has been paid to government use, particularly law enforcement use, of FRT. The U.S. government is a big buyer of FRT—it has awarded $76 million in FRT-related...
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The TikTok Bill Isn’t Only About TikTok Posted on April 26, 2023 RESTRICT Act, S.686, 118th Cong. § (2023) On March 7, 2023, Senators Mark Warner (D-VA) and John Thune (R-SD), leading a bipartisan group of twelve senators, introduced the Restricting the Emergence of Security Threats that Risk Information and Communications Technology (“RESTRICT”) Act, popularly known as the TikTok bill. This bill, which has been referred to the Senate Committee on Commerce...
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Amsterdam Court Rules Facebook Ireland Unlawfully Processed Dutch Users’ Data Posted on April 24, 2023 Last month, an Amsterdam court held that Meta’s Ireland branch (which the court referred to as “Facebook Ireland” in its opinion) lacked legal grounds to collect and process data from Dutch users in order to serve them targeted advertisements. This decision will likely spark additional litigation from plaintiffs seeking to advance data privacy protection causes by bringing actions against large...
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House Passes HR 140, Protecting Speech from Government Interference Act Posted on April 12, 2023 On March 9, 2023, the House of Representatives passed HR 140, the Protecting Speech from Government Interference Act, by a 219-206 vote. The bill, which now goes to the Senate, would prohibit the government from censoring or retaliating against individuals for engaging in protected speech. Oversight and Accountability Chairman James Comer (R-Ky.), along with cosponsors Chairs Jim Jordan (R-Ohio) and...
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New Hampshire Joins a Growing Number of States Considering Comprehensive Consumer Privacy Bill Posted on March 10, 2023 On January 19, 2023, a bipartisan group of 10 New Hampshire state senators and representatives introduced Senate Bill 255-FN (“SB 255-FN”), titled “[a]n act relative to the expectation of privacy.” Senator Sharon Carson, the lead sponsor, noted that the right to privacy is enshrined in the state’s Constitution and stated that SB 255-FN will “establish the right of consumers to...
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As Section 230 Debate Continues, Congress Finds Reform Opportunities in Child Online Safety Statutes Posted on March 08, 2023 Two weeks ago, the Supreme Court heard oral arguments for Gonzalez v. Google, a case coming out of the Ninth Circuit that features a tort claim brought against Google for algorithmically promoting ISIS-produced content. Most of the discussion centers around Section 230 of the Communications Decency Act (“CDA”), 47 U.S. Code § 230, a statute passed in 1996 designed to...
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Zarya of the Dawn: How AI is Changing the Landscape of Copyright Protection Posted on March 06, 2023 The United States Copyright Office granted limited copyright protection to the graphic novel “Zarya of the Dawn” marking the latest development in the burgeoning field of AI-assisted creative works. Robert J. Kasunic, U.S. Copyright Off., Zarya of the Dawn (Registration # VAu001480196) (2023). While the Copyright Office approved protection for the text and arrangement of images, it denied protection for...
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Supreme Court to Grapple with the Responsibility of Social Media Giants in February Cases Posted on February 17, 2023 This month, the Supreme Court will hear two cases that will determine how technology companies behave in the years to come. Both cases concern technology companies’ liability for the content that they host, recommend, and moderate on their websites. The Court will hear oral arguments in Gonzalez v. Google on February 21, 2023 and Twitter v. Taamneh the following day...
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Digital Commodities Consumer Protection Act of 2022: A Controversial Effort Caught in the Crossfire of the FTX Collapse Posted on December 12, 2022 In only one week, FTX went from the world's second-biggest cryptocurrency exchange to an epic bankruptcy. As its fallout sweeps across the entire crypto industry, the sudden implosion of FTX reveals a market that has long been deemed a regulatory wild west and prospered only in the vacuum of legislation.This crisis draws people’s attention to a recent bill allegedly backed...
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