On March 13, 2024, the EU Parliament voted to pass the EU’s much-discussed AI Act (with 523 votes in favor, 46 against and 49 abstentions). For an insight into the AI Act’s progression through the EU lawmaking system, see our earlier posts: here, here and here. The legal text of…
Internet & Social Media Law Blog
Generative AI Hallucinations and the Risks of Fact-Free Certainty for Tax Research
With millions of people already using artificial intelligence (AI) to perform a variety of personal tasks and companies integrating large language model (LLM) services for professional use, concerns over the frequency with which generative AI produces inaccurate content—and for users who may too readily assume that the content is factual—are…
No Exceptions for AI: The FTC Hosts a Tech Summit to Discuss the Impacts of AI on Consumers and Competition
On January 25, 2024, the Federal Trade Commission (FTC) hosted a summit focused on the impact of artificial intelligence (AI) on consumers and competition in the technology sector. Comprising three panel discussions and related commentary from the Commissioners, the Summit focused on the need to promote an open, competitive landscape…
Steal My Idea, I Dare You: The Power of Protecting Your Intellectual Property
In the cutthroat arena of business, where ideas spark revolutions, the protection of intellectual property (IP) is not just a legal formality—it’s a survival strategy. Imagine a world where your groundbreaking ideas, painstakingly nurtured, are snatched and claimed by others. This isn’t just a hypothetical scenario; it’s a real threat…
Navigating the Intersection of DNA Data and Privacy: Insights from the FTC
On January 5, 2024, the Federal Trade Commission (FTC) published an article discussing privacy issues related to the DNA information that many consumers provide to genetic testing companies. This post outlines key takeaways from the article and recent FTC enforcement actions, emphasizing the privacy implications for consumers and the responsibilities…
After Jack Daniel’s, the Other Shoe Drops for MSCHF in Wavy Baby Trademark Case
On December 5, 2023, the U.S. Court of Appeals for the Second Circuit affirmed a temporary restraining order and preliminary injunction secured by skateboard apparel company Vans against, MSCHF, an infamous parodist company. The Court found that the district court had correctly concluded that Vans was likely to succeed on…
Stormy Weather on a Starry Night: The Copyright Office Refuses Another AI-Generated Work
On December 11, the Review Board of the U.S. Copyright Office affirmed the refusal to register yet another AI-generated work. The decision follows the Office’s refusal to register Dr. Stephen Thaler’s A Recent Entrance to Paradise (which was affirmed in federal court, reported here, and is on appeal to the…
EU Reaches Agreement on New “AI Act”: The World’s First Comprehensive AI Law
The Council of the European Union and the European Parliament reached a provisional agreement on a new comprehensive regulation governing AI, known as the “AI Act,” late on Friday night (December 8, 2023). While the final agreed text has not yet been published, we have summarized what are understood to…
Federal Judge Blocks Montana’s TikTok Ban
A federal judge has blocked a Montana law banning the popular video sharing app TikTok, finding “little doubt” that it was “more interested in targeting China’s extensible role in TikTok than with protecting Montana consumers.” The ruling, likely to be celebrated by consumers and free speech advocates alike, comes at…
Law Firm Suit against AI Legal Subscription Service Dismissed for Lack of Standing
A U.S. District Court in Illinois dismissed a case by the Chicago-based law firm MillerKing LLC against the so-called “robot lawyer” DoNotPay, Inc. (DNP). It found that MillerKing did not have standing bring false advertising, false association and other claims against DNP because it did not sustain concrete injuries due…