Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
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On Thursday, March 20, a federal judge in the Northern District of Illinois granted final approval to a settlement agreement under which Clearview AI (Clearview) agreed to pay an estimated $51.75 million to a nationwide class...more
While the authorities’ publications on AI have recently tended to be in the area of data protection (such as the EDPB, which we covered here and here), the European Commission has recently published its first set of [draft]...more
Earlier this year, the European Parliament approved the EU Artificial Intelligence Act (the “AI Act”) by a sweeping majority, becoming the world’s first comprehensive set of rules for artificial intelligence....more
This week, the Federal Trade Commission (FTC) issued a proposed consent order to settle allegations against IntelliVision Technologies Corp. (IntelliVision) for making false, misleading, and unsubstantiated claims that its...more
The future of Artificial Intelligence isn’t just on the horizon—it’s already transforming industries and reshaping how businesses operate. But with this rapid evolution comes new challenges. Ethical concerns, privacy risks,...more
On July 30, 2024, a Texas state court issued an Order finalizing the largest-ever biometrics settlement, between the Texas Attorney General and Meta for a staggering $1.4 billion. The settlement resolves a longstanding civil...more
The past few years have seen a sharp increase in the use of artificial intelligence (AI) across a variety of industries and workplaces. Many businesses have implemented AI to help streamline the recruitment and hiring process...more
Keypoint: The Texas Attorney General reached a $1.4 billion settlement with Meta over its alleged violations of Texas’ biometric privacy law. On July 30, 2024, the Texas Attorney General announced that it has reached a $1.4...more
The issue of bias in artificial intelligence is assuming increased urgency in courtrooms around the country. Organizations that use AI to scan resumes can be sued for employment discrimination. Companies using facial...more
Since 2011, I’ve attended the International Association of Privacy Professionals’ Global Privacy Summit in Washington, D.C. Each year one session gets everyone talking; this year the honor went to “Direct Insights from U.S....more
The Current Status of Privacy Laws Across the United States - Unlike the General Data Protection Regulation (GDPR) in the European Union (EU), the United States does not have a nationwide comprehensive data privacy law....more
The Federal Trade Commission (“FTC”) has banned Rite Aid from using facial recognition technologies for surveillance for five years, demonstrating the FTC’s expectations regarding deployments of biometric and artificial...more
A proposed settlement action filed on December 19, 2023, by the Federal Trade Commission (FTC) against Rite Aid Corp. highlights some of the key issues presented when companies use artificial intelligence (AI) for facial...more
Feeling seen, but maybe too seen - Stepping off the plane this past August after a long international flight, the last thing I wanted was a lengthy wait at US Customs, the final sentinel between me and a good night’s sleep. I...more
We’ve all heard troubling stories involving emerging tools powered by artificial intelligence (AI), in which algorithms yield unintended, biased, or erroneous results. Here are a few examples: - A monitoring tool for...more
Artificial intelligence (AI) and machine learning applications like ChatGPT are the hot new technologies expected to changes our lives fundamentally. Taking the human element out of monotonous tasks promises to increase...more
Last week, Twitch banned an AI-generated production based on Seinfeld called “Nothing, Forever” from the platform for 14 days after a character named Larry Feinberg—a Jerry Seinfeld clone—made transphobic statements during...more
Emerging Issues: Did you know that courts are grappling with the transparency and accuracy of AI in court cases? In a case called New Jersey v. Ortega, Francisco Ortega is accused of a robbery captured on video, and his...more
Facial recognition technology has become increasingly popular in recent years in the employment and consumer space (e.g. employee access, passport check-in systems, payments on smartphones), and in particular during the...more
Video - NFTs are Not Tulips! (Or are They?) - Have questions about just what exactly is an NFT? In this video, Spilman Thomas & Battle attorneys Brandon Hartman, Hugh Wellons, and Risa Katz-Albert briefly discuss what an...more
Artificial Intelligence (AI) bias is an anomaly in the output of machine learning (ML) algorithms. These could be due to the prejudiced assumptions made during the algorithm development process or prejudices in the training...more
The effects of algorithmic and data biases continue to make headlines and erode public trust in artificial intelligence (“AI”). Recruiting software unfairly discriminates against women and minorities, facial recognition tools...more
Artificial Intelligence (AI) regulation is coming, and companies considering implementing AI or already utilizing AI should be prepared. Below are 10 steps that companies can take now to harness the benefits of AI in a fair...more
Artificial Intelligence (AI) relies on oceans of data, most people know this. But many people do not yet understand how data shapes AI before the AI is functional, or how data is used by AI in production. Each raises its own...more
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...more