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The Federal Trade Commission on Generative AI

By Tyler Yoo – Edited by Judy Lo
Recent Federal Trade Commission (“FTC”) publications and pronouncements signal the FTC’s willingness to regulate AI-generated products. According to the FTC, lack of transparency about the use of copyrighted materials in AI-generated works and products may amount to consumer deception. The FTC indicated its stance on at least three occasions in the past four months. First, in an August 16, 202...
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Law Firms Leveraging AI: Maximizing Benefits and Addressing Challenges

By Logan Lathrop – Edited by Justin Curl & Joy Fan


Generative AI is changing the legal landscape. The benefits of leveraging AI in legal work seem promising. The market is growing. More clients want lawyers to use AI tools, and, importantly, more lawyers are becoming open to using them. A recent survey found that 82% of lawyers think AI can be used for legal work, with 51% thinking AI...
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Under the Watchful, Unblinking Eye: Privacy Implications of the New York Police Department’s Deployment of Autonomous Robots

By Alinnah Qiao – Edited by Harshit Patel
In late September 2023, a 400-pound fully autonomous robot began patrolling New York City’s Times Square subway station. The robot, a “Knightscope K5” (“K5”), is part of New York City Mayor Eric Adams’ latest efforts to reduce crime—an issue that was at the center of his 2021 mayoral campaign. Since taking office in January 2022, Mayor Adams has pushed forward...
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Reports Privacy
United States v. Google: Antitrust Trial of Search Titan Showcases Two Potential Turning Points

By Levi Moneyhun – Edited by Edwin Farley


Plaintiffs’ Pre-Trial Brief, United States v. Google, No. 1:20-cv-3010-APM (Dist. Ct. S.D.N.Y, Sep. 8, 2023), brief hosted by Department of Justice Defendant Google LLC’s Pre-Trial Brief, United States v. Google, Nos. 1:20-cv-3010-APM, 1:20-cv-3715-APM (Dist. Ct. S.D.N.Y, Sep. 8, 2023), brief hosted by Courtlistener. Memorandum Opinion (Summary Judgment), United States v. Google, Nos. 1:20-cv-3010-APM, 1:20-cv-03715-APM (Dist. Ct. S.D.N.Y, Aug. 4...
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Antitrust Reports Federal Circuit Comment
State-Level Consumer Data Privacy Laws Get the Ball Rolling, But On Their Own, Represent a Piecemeal Approach to Regulation

By Katie Mansfield - Edited by Carli Sley
Currently, U.S. federal privacy regulations have been narrow or sector-specific: take, for example, the Gramm-Leach-Bliley Act (GLBA), which protects financial information; or the Health Insurance Portability and Accountability Act (HIPAA), which protects some health information. Absent a comprehensive federal framework, states have taken privacy legislation into their own hands. As of September 2023, eleven U.S. states have enacted comprehensive privacy...
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Reports Privacy
Typos and Magic Words: The Federal Circuit’s Recent Rulings in Apple’s and Netflix’s Inter Partes Review Challenges

By Heather Zhou – Edited by Edwin Farley
In two separate rulings involving Apple and Netflix, the Court of Appeals for the Federal Circuit (CAFC) held that the Patent Trial and Appeal Board (PTAB) acted in error in the two Inter Partes Review proceedings. In Apple Inc. v. Corephotonics, Ltd., the CAFC held that PTAB’s rejection of Apple’s attack on Corephotonics primarily based on a typo in Apple’s...
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Reports Federal Circuit Comment
Senate Leaders Propose New Bipartisan Framework for AI Regulation

By Varun Aggarwal – Edited by Chloe Suzman
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

By Carolina Rabinowicz - Edited by Pablo A. Lozano
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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Reports National Security Privacy
The TikTok Bill Isn’t Only About TikTok

By Ani Jonnavithula - Edited by Pantho Sayed
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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Cybersecurity Reports
Amsterdam Court Rules Facebook Ireland Unlawfully Processed Dutch Users’ Data

By Pantho Sayed - Edited by Cindy Kuang
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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Reports Privacy
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