Introduction

The chair of the U.S. Senate Committee on Commerce, Science, and Transportation, Maria Cantwell (D-WA), and the chair of the U.S. House Committee on Energy and Commerce, Cathy McMorris Rodgers (R-WA), released a discussion draft of the American Privacy Rights Act (APRA) on April 7, 2024. This announcement of a bipartisan, bicameral bill for a federal comprehensive consumer privacy law was a significant—and unexpected—development in the wake of the American Data Privacy and Protection Act (ADPPA), which never made it to a House floor vote despite bipartisan, bicameral support and considerable attention.

Below is a summary of the APRA’s key provisions, which reflect many principles seen in the ADPPA, the wave of omnibus state consumer privacy laws, and Federal Trade Commission (FTC) activity.

Continue Reading The American Privacy Rights Act: Could This Be the One?

The explosive growth of generative AI has been accompanied by a corresponding growth of contractual provisions addressing generative AI issues.

Website operators in particular are increasingly seeking to use their online terms of service to prohibit the use of content and information hosted on their sites to train AI systems. Disney, for example, recently updated its online Subscriber Agreement for its Disney+ service to clarify that content from the service may not be accessed, copied, or extracted “for the purposes of creating or developing any AI Tool.”

Continue Reading Does Copyright Law Preempt Contractual Provisions Imposing AI-Related Usage Restrictions on Content?

In the fall of 2023, the Writers Guild of America (WGA) and the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) each ratified new agreements, amending and building upon their collective bargaining agreements with the Alliance of Motion Picture and Television Producers (AMPTP). The WGA, a union that represents film and TV writers, and SAG-AFTRA, a union that represents actors and performers, sought to protect their members from replacement by generative and non-generative artificial intelligence (AI). These negotiations followed months of strikes from both organizations that effectively halted the making of movies and TV shows for much of 2023. These new agreements take somewhat different approaches—in part because of the nature of what each union is trying to protect—a member’s voice and likeness for SAG-AFTRA vs. written content for WGA. But both agreements contain provisions aimed at protecting the jobs and income of their members. This blog post will provide an overview of key AI provisions in both agreements and how they will apply to the writers, performers, and producers covered by these guild agreements.

Continue Reading Generative AI in Movies and TV: How the 2023 SAG-AFTRA and WGA Contracts Address Generative AI

What a great opportunity to speak and learn about today’s hot topics in sports law at New York University, School of Law, Sports Law Association’s 13th Annual Sports Law Colloquium on April 5, 2024. Like Brooklyn Law School’s third annual Sports Law Symposium, Sports Tech: a Sports Lawyer’s Playbook, NYU Law’s Colloquium covered the impact of artificial intelligence (AI) on sports, but also delved into sportswashing and the future of college sports. Here are my takeaways from this year’s NYU Sports Law Colloquium.

Continue Reading Notes from the Field: NYU Law, Sports Law Association, 13th Annual Sports Law Colloquium

On April 4, 2024, the Consumer Financial Protection Bureau (CFPB) issued a new report, titled “Banking in Video Games and Virtual Worlds” (Report), that examines the growth of financial transactions in online video games and virtual worlds. The CFPB has previously signaled the expansion of its monitoring capabilities to new markets, and this Report continues that expansion to the gaming industry. 

According to the Report, the CFPB is monitoring non-traditional markets where financial products and services may be offered, including the use of virtual currencies in games and virtual worlds in response to “concerning issues regarding gaming markets,” such as financial losses (due to theft, scams, and other criminal activity), fraud and money laundering, and the collection and use of consumer data by gaming companies. The Report also notes that there may be increased risks to consumers, specifically children, within the gaming industry. Gaming companies can use the insights from the Report to review their own policies and procedures to ensure compliance with federal consumer financial protection laws.

This update summarizes the Report’s key findings, describes the risks and trends identified by the CFPB, which are likely to inform the CFPB’s market monitoring activities, and provides key takeaways for companies doing business in this space to consider going forward.

Continue Reading CFPB Issues New Report Examining Financial and Privacy Risks to Consumers in Video Gaming Marketplaces: What Now?

As artificial intelligence (AI) technology becomes ubiquitous, news stories regarding the use (and abuse) of deepfakes—that is, AI-generated media used to impersonate real individuals—are increasingly common.

For example, in January, sexually explicit deepfakes of Taylor Swift proliferated on social media, prompting X (formerly Twitter) to temporarily lock all searches for the singer’s name on its platform to prevent user access to such deepfakes.

Continue Reading AI-Generated Deepfakes and the Emerging Legal Landscape

The Consumer Financial Protection Bureau (CFPB) announced that it was issuing a Notice of Proposed Rulemaking regarding Personal Financial Data Rights on October 19, 2023. The proposed rule (Proposed Rule) would implement section 1033 of the Consumer Financial Protection Act of 2010 (CFPA), which gives consumers the right to access their financial data and authorizes third parties to access it on their behalf. Data providers would be required to provide consumers and authorized third parties, upon the consumer’s request, covered data in an electronic and standardized form consistent with industry standards developed by standard-setting bodies recognized by the CFPB. Additionally, the rule would limit authorized third parties’ collection, use, and retention of covered data. 

Continue Reading CFPB Issues Proposed Open Banking Rule

2023 was a breakout year for generative artificial intelligence (AI), but it was a rough year for protecting the content generated using such technology. The U.S. Copyright Office issued several rulings last year on the question of when works generated using AI technology are protected under U.S. copyright law, and so far, applicants have not been able to convince the Copyright Office that the AI-generated components of their works are protectable.

Continue Reading Human Authorship Requirement Continues To Pose Difficulties for AI-Generated Works

Welcome back to Today’s Most Disruptive Technologies! We turn from quantum computing to a spotlight on multimodal AI. Artificial intelligence (AI) continues to dominate the news and the markets and while some of us are still mulling over existential questions of what it means to be human, AI is about to take yet another fast turn—AI is going multimodal. The next generation of AI will be looking to connect through the very real—and very human—five senses of sight, sound, touch, smell, and taste, not to mention a whole new set of modalities from thermal radiation and haptics to brain waves and who knows what else.

Continue Reading Today’s Most Disruptive Technologies: Spotlight on Multimodal AI

Artificial Intelligence (AI)-generated robocalls may trick some consumers into thinking they are being called by a human being, but the Federal Communications Commission clarified in a recent AI Declaratory Ruling that it will not be fooled. Moving forward, all AI-generated robocalls will be treated as artificial or prerecorded voice calls for purposes of the Telephone Consumer Protection Act (TCPA) and will require a called party’s prior express consent. The AI Declaratory Ruling reflects a first step by the FCC in crafting a new record on AI’s implications for consumers’ rights under the TCPA. That record began last November when the FCC released an AI-focused Notice of Inquiry (NOI), which sought industry and stakeholder comments on the potential benefits and risks of AI for consumers. By confirming that AI technologies used in robocalls are artificial or prerecorded voice calls under the TCPA, the FCC hopes to stem the rapid proliferation of AI-generated robocall scams, including popular “deep-fake” or voice cloning scams that solicit money by mimicking the voices of popular celebrities or even family members.
 
Admittedly, the FCC’s conclusion that AI-generated voice calls are “artificial” seems, at face value, axiomatic. But prior to the AI Declaratory Ruling, there was at least a colorable argument that AI-generated human-sounding voices capable of engaging in a live, interactive conversation was sufficient to qualify for the TCPA’s longstanding prior consent exception for live calls from human beings. That theory has been shut down, at least under current AI technologies. 

Continue Reading FCC Declares AI-Generated Robocalls Unlawful