Internet & Social Media Law Blog
This metaverse-meets-NFTs themed edition of News of Note includes travel, food and shoes, a big box retailer entering the NFT arena, and the purchase of (a film adaptation of) a sci-fi classic.
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The FCC Adds Teeth to Internet Protocol (IP) Closed Captioning Rules
It’s the end of the day and you find yourself with a little downtime to catch up on your favorite streaming show. Whether it’s because each episode vacillates between the loudest of explosions and the quietest of dialogue or your hearing just isn’t what it used to be—you find yourself constantly adjusting the volume so that you can hear the crucial reveal whispered by the main character’s best friend at the penultimate moment before turning the volume down as fast as possible so that you don’t wake everyone in the house when all mayhem breaks loose and the main character is forced to escape a self-destructing secret base. Thankfully, you remember that you can just turn on closed captioning, set the remote down, and enjoy the show without missing any of the dialogue. However, for those who are deaf or have hearing loss, closed captioning is much more than a convenience—it is a vital tool for providing access to the universe of streaming.
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Taking Care of the Data in Proptech
The commercial real estate industry is increasingly adopting proptech to unearth savings and business insights. But companies need to be careful. Security and privacy are two foundational components of a successful data analytics initiative. Ensuring the information is stored securely while adhering to the complex framework of privacy laws will be instrumental to a real estate organization’s success with data. Why? If the information is not kept safe or is used contrary to law or the commitments a business has made to consumers, companies will face fines, regulatory investigations and customer ire.
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Sustain and Advance: Fintech Innovation and the Importance of Financial Inclusion
In this 30-minute conversation, our colleague Liz Zimmer and State Street’s Nicole Olson will discuss innovation in digital assets and cryptocurrency, the impact of fintech on diversity and women in leadership, and paths toward greater representation and support of women in the fintech community.
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Biometric Identifiers and Businesses in the Big Apple
Fingerprints. Retinas. Facial symmetry itself. We frequently address the problems raised as new technology brings new privacy concerns for customers and businesses alike. In “Check Your Policies for Privacy Claim Coverage: New York City’s New Biometrics Law Is Now in Effect,” Sandra Kaczmarczyk examines New York City’s recent statute that imposes two limitations on the use of “biometric identifier information” and why businesses operating in New York City should consider both their potential liability under these new requirements and whether their current insurance program protects them against associated risks.
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Check Your Policies for Privacy Claim Coverage: New York City’s New Biometrics Law Is Now in Effect
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Insurance Options for NFT Owners
Here at Internet & Social Media Law, we examine new developments and challenges that impact the digital and social media landscape. Over on our Policyholder Pulse insurance law blog, we provide insight on non-fungible tokens (“NFTs”) and the importance of knowing the available insurance options when dealing with them. As NFTs become more common, whether it’s sports tickets and memorabilia or art work, it’s imperative to know how to protect these digital assets. We discuss further in “Covering the Highlight Reel: The Need for Insurance Options to Protect NFT Owners.”
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Biometrics Identifiers, BIPA and the Illinois Supreme Court
As the use of biometric information such as fingerprints, iris scans, facial scans, and voice prints becomes more and more common, so, too, have the number of lawsuits brought for the unauthorized use of private information and for the violation of privacy laws—including class action lawsuits. In “The Duty to Defend a Privacy Claim Arises from Even Limited Publication of Biometric Identifiers,” our colleague Sandra Kaczmarczyk examines an important recent Illinois Supreme Court decision that is “likely to be at the forefront of future coverage litigation as other state courts grapple with the coverage afforded by business insurance policies for privacy claims.”
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For Smart Home Technology, Contract Is Key
In our previous post we discussed the importance of conducting a thorough due diligence and procurement process with smart technology providers. Next up? The contract.
The price of a procured product is always important, but equally important are other contractual terms that reflect the commercial agreement. Ultimately, the contract should answer the fundamental question of “What are you buying?” The product itself is not the only feature being purchased. A customer is also buying certainty, service performance, risk mitigation, flexibility, security, compliance, and other similar “intangible” items of value.
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The FTC Urges Companies to Confront Potential AI Bias … or Else
It might be a little meta to have a blog post about a blog post, but there’s no way around it when the FTC publishes a post to its blog warning companies that use AI to “[h]old yourself accountable—or be ready for the FTC to do it for you.” When last we wrote about facial recognition AI, we discussed how the courts are being used to push for AI accountability and how Twitter has taken the initiative to understand the impacts of its machine learning algorithms through its Responsible ML program. Now we have the FTC weighing in with recommendations on how companies can use AI in a truthful, fair and equitable manner—along with a not-so-subtle reminder that the FTC has tools at its disposal to combat unfair or biased AI and is willing to step in and do so should companies fail to take responsibility.
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Google v. Oracle, Fair Use and the Decreasing Value of Code Over Time
Earlier this month, in what many consider the copyright case of the decade, the Supreme Court released its much-anticipated decision in Google v. Oracle. In it, the Court ruled that Google’s copying of 11,500 lines of declaring code from Java SE for use in Google’s Android platform, was fair use. Having recently reviewed the history of the fair use defense in copyright infringement cases, we now turn to the case itself.