The Federal Trade Commission (FTC) issued a policy statement on May 18, 2023, addressing concerns relating to the collection and use of biometric information. The Biometrics Policy Statement, which the FTC’s Commissioners voted 3-0 to issue, outlines practices related to biometric information that the FTC views as violations or will take into account when evaluating possible violations of the prohibition against unfair or deceptive acts and practices in Section 5 of the FTC Act.Continue Reading FTC Issues Policy Statement Regarding Biometric Information
Technology Trends
Notes From the Field: 2023 Annual Meeting of the Copyright Society of the USA
We recently attended the Annual Meeting of the Copyright Society of the USA, a two-and-a-half day, in-person conference focused on emerging issues in copyright law (perhaps the country’s largest annual get-together of copyright nerds like us). Here are our Notes from the Field on what was being discussed during—and after—the sessions that we attended.Continue Reading Notes From the Field: 2023 Annual Meeting of the Copyright Society of the USA
New Podcast – SeekOut: AI Recruiting and the NYC Hiring Law Taking Effect in 2023
As Age of Disruption readers know, the landmark NYC Local Law 144 (the AEDT law) raises issues for companies using artificial intelligence (AI) tools to recruit and retain talent. We invite our readers to listen to Perkins Coie’s latest Innovation Unlocked podcast, which features an in-house perspective from the company SeekOut related to AI…
Use of Generative AI in Litigation Requires Care and Oversight
In what may be the beginning of a trend, Judge Brantley Starr of the U.S. District Court for the Northern District of Texas recently issued a new mandatory rule regarding the use of artificial intelligence (AI) in legal briefings.[1] The directive, known as the “Mandatory Certification Regarding Generative Artificial Intelligence” rule, stipulates that “[a]ll attorneys . . . appearing before the Court must file on the docket a certificate attesting either that no portion of any filing will be drafted by generative artificial intelligence (such as ChatGPT, Harvey.AI, or Google Bard) or that any language drafted by generative artificial intelligence was checked for accuracy, using print reporters or traditional legal databases, by a human being.”[2] Similarly, Magistrate Judge Gabriel A. Fuentes of the U.S. District Court for the Northern District of Illinois recently adopted a standing order providing that “any party using any generative AI tool in the preparation of drafting documents for filing with the Court must disclose in the filing that AI was used” with the disclosure including the specific AI tool and the manner in which it was used.[3]Continue Reading Use of Generative AI in Litigation Requires Care and Oversight
Nice for What? AI Drake and Publicity Rights Limitations in Policing AI-Generated Content
A surprising, unannounced collaboration between Drake and The Weeknd—a song called “Heart on My Sleeve”—went viral on social media a few weeks ago. It generated millions of streams across music and social media platforms, but it wasn’t Drake and The Weeknd singing on the track; rather, it was an AI-generated simulation…
Buy Today, Gone Tomorrow: Is a “Buy” Button for Digital Content Deceptive?
As digital media continues to supplant physical media, e-commerce sites offering digital content have experienced unprecedented growth. These sites offer consumers access to video games, music, movies, e-books, and many other types of digital media at the click of a button. Although purchasing digital media—as opposed to physical media—has become commonplace for consumers, a recent case, McTyere et al v. Apple, Inc., suggests that consumers’ understanding of terms like “sell,” “buy,” and “purchase” have not fully caught up to our new digital reality. When a consumer buys a book in a physical bookstore, they own indefinitely the physical copy of the book that they purchased. However, when consumers click a “Buy” button on an e-book platform, they almost always receive a license to a copy of the e-book, a license that typically can be terminated by the e-book platform or the book’s publisher under certain circumstances. McTyere has highlighted this important legal distinction between buying physical and digital media and raises the question of whether it is deceptive to describe the licensing of rights to digital media using the same terminology as has traditionally been used to describe the sale of books, CDs, DVDs, and other physical goods.Continue Reading Buy Today, Gone Tomorrow: Is a “Buy” Button for Digital Content Deceptive?
Today’s Most Disruptive Technologies: Spotlight on Quantum Computing
Welcome to Today’s Most Disruptive Technologies! We kick things off with a Spotlight on Quantum Computing. Artificial intelligence (AI) may be all the buzz today, but the seismic impact that quantum computing could have on the future of technology far exceeds what any of today’s classical computers could accomplish within our lifetimes. Continue Reading Today’s Most Disruptive Technologies: Spotlight on Quantum Computing
A New Generation of Legal Issues Part 2: First Lawsuits Arrive Addressing Generative AI
We’re happy to make available to Age of Disruption readers part two of our three-part series on key legal issues surrounding generative artificial intelligence (AI).
As the quality of generative AI tools has soared, copyright and other intellectual property issues raised by such tools have attracted increased attention. Some artists, creators, and performers, fearing…
Notes From the Field: Game Developers Conference—Part 1
Accessibility, artificial intelligence (AI), and hybrid-casual games were among the noteworthy topics at the March 2023 Game Developers Conference (GDC) in San Francisco. Here is Part 1 of our Notes From the Field with a few highlights from the sessions we attended.
Accessibility for Gamers
Accessibility was an issue that featured heavily at GDC this…
Vendor Licensing Lessons Learned From Seton Hall’s Regulated Gaming Conference
We recently attended the fourth annual Seton Hall Law School Gaming Law, Compliance & Integrity Bootcamp. This in-person conference, which provides compliance and ethics education to professionals working in the regulated gaming space, included attendees and panelists drawn from the entire industry, including regulators, gaming operators and vendors.
The conference addressed the many regulatory…