PayPal’s “Misinformation” Fine Sparks Backlash Posted on November 01, 2022 A platform’s user agreement is rarely an attention-drawing document. However, early this October, PayPal ignited online discussion with its newest policy. What attracted criticism was an unusual provision stating that the company would fine its customers an astounding $2,500 in damages for spreading “misinformation.” The provision prohibits customers from using PayPal’s services for activities identified by it as “sending, posting...
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NetChoice, L.L.C. v. Paxton: 5th Circuit Sets Up Supreme Court Battle Over Content Moderation Authority of Social Media Giants Posted on October 21, 2022 The Fifth Circuit’s recent decision in NetChoice, L.L.C. v. Paxton, has set up a possible Supreme Court clash between social media behemoths and States passing “anti-online censorship” laws. In August 2021, the Texas legislature passed H.B. 20, prohibiting large social media platforms from “censoring” content on the basis of viewpoint or geographic location within the State. Netchoice, a trade association...
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AI - Is it Art, yet? Posted on October 20, 2022 The increasing popularity of artificial intelligence has entered the consumer creative market, as seen through the lens of AI-generated music and art. On September 15, the copyright office granted Kris Kashtanova a copyright for the AI-generated graphic novel Zarya of the Dawn. In an announcement posted on Instagram, Kris Kashtanova of New York claims to have created the novel with...
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American Data Privacy and Protection Act: Latest, Closest, yet Still Fragile Attempt Toward Comprehensive Federal Privacy Legislation Posted on October 19, 2022 By a 53-2 vote, the House Committee on Energy and Commerce advanced the American Data Privacy and Protection Act (ADPPA) to the full House of Representatives on July 20, 2022. This bill is not only the latest attempt by Congress to introduce a federal comprehensive data privacy legislation after over 20 years of fruitless debate but also the closest it...
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Fighting Against the Clock: Did Congress Miss its Opportunity to Pass a Monumental Big Tech Oversight Bill? Posted on October 17, 2022 Introduction: As the national midterm election nears, the future of the American Innovation and Choice Online Act (AICOA) hangs in the balance. The AICOA is one of several antitrust bills designed to curb monopolistic influence in key industries, and it specifically focuses on government oversight over the largest tech companies. If passed, the AICOA would represent the most significant update...
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State AGs’ TikTok Investigation Part of Growing Concern for Social Media’s Adverse Effects on Youth Posted on April 21, 2022 TikTok’s increasing popularity has made it a frequent news item, from its influence on fashion and dance trends to school vandalism and threats of violence. On March 2, it drew the attention of eight state attorneys general, who announced a joint investigation into TikTok’s design, operation, and promotion and how they affect the mental health of children and teens. The...
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ACA Connects v. Bonta: 9th Circuit Upholds State Net Neutrality Laws Posted on April 19, 2022 In December 2017, the Federal Communications Commission (FCC) voted to repeal its 2015 Open Internet Order, which had imposed net neutrality federally. Net neutrality requires internet service providers (ISPs) to treat all online traffic equally by, for example, prohibiting providers from blocking or slowing the transmission of legal content or from preferencing content or consumers. In 2017, the FCC repealed...
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The Journalism Competition and Preservation Act: Opportunities and Risks for News Content Creators Posted on November 30, 2021 The troubles of modern news businesses are well publicized. Since 2004, more than 20% of US newspapers have closed and more than half of journalists working at US newspapers have been laid off. Even as a few national news organizations and broadcast television channels have increased subscriptions and grown their audiences, many counties have been left without any local paper...
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FTC Signals Move Towards Tighter Data Privacy for Healthcare Apps Posted on November 06, 2021 On September 15, 2021, the Federal Trade Commission (“FTC”) issued a policy statement clarifying that the 2009 Health Breach Notification Rule, 16 C.F.R. Part 318 (“the Rule”) covers health information collected by digital applications and wearable devices. Under the Rule, healthcare vendors must notify consumers if a data breach compromises “unsecured identifiable health information.'' The Rule was originally intended to...
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Tesla v. Rivian: Electric Competition Over Trade Secrets Posted on October 25, 2021 Tesla needs no introduction. Though the first electric cars were introduced more than a hundred years ago, Tesla was the first to prove their commercial viability. With $12 billion in revenues (as of June 30), they still lead the field by a wide margin. However, in recent years, Tesla has faced stiff competition from upstarts in China, the EU, and...
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