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Ad-Tech Europe: The Moving Target Marking Targeted Advertising
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April 26, 2024
Ad-Tech Europe: The Moving Target Marking Targeted Advertising
By: Nicole Kardell
The European Data Protection Board (“EDPB”) recently published an opinion on the legality of pay-or-consent models for online platforms offering services in Europe. While the opinion is non-binding and limited to “large online platforms[1],” companies that offer platforms large and small in Europe should pay attention to the EDPB’s analysis—it will inform their future guidance for entities large and small. The upshot: Pay-or-consent models [for large online platforms] are NOT okay. Why? Because, according to the EDPB, people cannot give valid consent when they are faced with a binary choice that is not meaningful. We anticipated this response from the EDPB after gaining insights from a webinar in recent weeks in which a head at the Norwegian Data Protection Authority,…
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Social Media Networks’ Section 230 Immunity on the Chopping Block? New York Court Allows Claims to Proceed Stemming from Buffalo Shooting
April 1, 2024
Social Media Networks’ Section 230 Immunity on the Chopping Block? New York Court Allows Claims to Proceed Stemming from Buffalo Shooting
By: Michelle Cohen
Since 1996, Internet platforms and social media companies have relied on a federal law, Section 230 of the Communications Decency Act, to protect them from liability for civil law claims stemming from content on their platforms. As the influence of platforms like Facebook, Twitter (now X), and others has grown, members of Congress, consumer groups, and other stakeholders have urged Congress to restrict or repeal…
Ready, Set, Go: More States Adopt Privacy Laws
March 21, 2024
Ready, Set, Go: More States Adopt Privacy Laws
By: Nicole Kardell
Note the below chart was updated on March 21, 2024 to reflect recent developments. If you blinked over the past couple of months, you may have missed it: the number of U.S. states that have adopted privacy laws has more than doubled. We are now up to 13 states (not including Nevada, which has a narrow privacy law on the books) with privacy frameworks. Fortunately,…
Navigating the AI Regulatory Landscape: Comparing Biden’s Executive Order and the EU’s Artificial Intelligence Act
January 2, 2024
Navigating the AI Regulatory Landscape: Comparing Biden’s Executive Order and the EU’s Artificial Intelligence Act
By: Abbey Block
The regulation of artificial intelligence (“AI”) is a popular topic of discussion. Politicians, activists and even AI developers have weighed in to urge the Government to take steps to create guardrails for the technology’s development and use. Yet, until recently, governments and regulators have been slow to take action and pass concrete legislation – leaving the regulation of the industry largely to the private sector’s…
How Does AI Use the Data You Give it?
December 20, 2023
How Does AI Use the Data You Give it?
By: Jake Gray
The development and public offering of generative Artificial Intelligence (AI) models has led to the introduction of many work-complementing and work-supplementing tools that offer individuals and organizations the ability to streamline or expand their workflows. Generative AIs are algorithms, specifically large language models (LLMs), trained on massive amounts of input data to generate their own original text or image outputs by predicting the next most…
Ad Tech in Europe: What Does the Future Hold?
December 4, 2023
Ad Tech in Europe: What Does the Future Hold?
By: Nicole Kardell
If you are subject to the EU’s General Data Protection Regulation and you engage in behavioral advertising, you may want to rethink your business model. A recent decision from the European Data Protection Board (which oversees application and enforcement of the GDPR across the EU) and related statements from regulators from several European member states have cast a shadow over the future of personalized ads…
Major Developments on the Horizon for Bankruptcy Law
November 16, 2023
Major Developments on the Horizon for Bankruptcy Law
By: George Calhoun
The Supreme Court rarely hears bankruptcy cases – typically one per term. But 2023 has been different, the Court already has ruled on four bankruptcy matters, including sovereign immunity issues with respect to Puerto Rico and Indian tribes, appellate review of § 363 sale orders, the discharge of debts obtained by another’s fraud. In addition to those cases, the Court is currently poised to decide…
Plunging into the unknown: companies should look to sound privacy practices as they integrate AI
October 24, 2023
Plunging into the unknown: companies should look to sound privacy practices as they integrate AI
By: Nicole Kardell
How would you like to dive off a cliff with no idea how far you will drop, how deep the water is, and zero training on how to properly position your body to minimize impact once you hit the water? That’s how we approach artificial intelligence these days. Or perhaps more aptly put: How would you like to follow a bunch of lemmings off of…
