News & Analysis as of

Section 5 Artificial Intelligence

Venable LLP

Façade, Fraud: FTC Final Rule Banning Fake Reviews

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On August 14, the Federal Trade Commission (FTC) announced a final rule aimed at protecting American consumers against fake reviews and testimonials. The rule, approved through a 5-0 vote, comes after nearly two years of...more

Holland & Knight LLP

An FTC Official Speaks About the Regulation of AI Technology

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In this episode of his "Clearly Conspicuous" podcast series, "An FTC Official Speaks About the Regulation of AI Technology," consumer protection attorney Anthony DiResta dives into insights from Michael Atleson, a senior...more

Fenwick & West LLP

FTC Wants to Ban AI-Powered Impersonation

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On February 15, 2024, the FTC published the Rule on Impersonation of Government and Businesses, permitting the FTC to file federal court cases directly against scammers to return the money made while impersonating government...more

Perkins Coie

FTC Signals Tough Line in First AI Discrimination Case Under Section 5

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The Federal Trade Commission (FTC) announced its first enforcement action alleging that discriminatory use of artificial intelligence (AI) was an unfair practice under Section 5 of the FTC Act on December 19, 2023. According...more

Orrick, Herrington & Sutcliffe LLP

FTC report details key takeaways from AI and creative fields panel discussion

On December 18, the FTC released a report highlighting key takeaways from its October panel discussion on generative artificial intelligence (AI) and “creative industries.” As previously covered by InfoBytes, the FTC hosted a...more

Holland & Knight LLP

2023 Artificial Intelligence Regulation: An Update from a Senior FTC Official

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Holland & Knight hosted Michael Atleson, a senior attorney for the Federal Trade Commission (FTC or Commission), for a webinar presentation on Nov. 7, 2023. Mr. Atleson has been with the FTC for nearly two decades and...more

WilmerHale

AI and Copyright

WilmerHale on

Over the last few months, the Federal Trade Commission (FTC) has voiced an increasing interest in AI-generated content and copyright law. In an August 2023 Business Blog entitled “Can’t Lose What You Never Had: Claims About...more

Kelley Drye & Warren LLP

FTC Warns That Deceptive AI Content Ownership Claims Violate the FTC Act

The buzz around generative AI has raised many IP-related questions, such as the legality of using IP to train AI algorithms or ownership of AI-generated content. But the FTC warns that claims about content ownership don’t...more

Shook, Hardy & Bacon L.L.P.

Where is AI Regulation Heading and What Can Companies Do to Prepare?

Artificial intelligence (AI) is top of mind for companies, and while early adoption of this technology has strategic value, companies that do so with an eye on regulation will be better positioned to defend their use of AI....more

Sunstein LLP

ChatGPT: Is Theft a Bug or a Feature?

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ChatGPT has been making headlines lately. The lawyer who obtained fake judicial holdings from ChatGTP and then cited them in his brief to the court is the most recent example...more

Woods Rogers

FTC Opens Consumer Protection Investigation of OpenAI, Creator of ChatGPT

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The Investigation - The Federal Trade Commission (FTC) recently opened an investigation into OpenAI, creator of ChatGPT, to determine whether the artificial intelligence company violated consumer protections laws. According...more

Morgan Lewis

The United States’ Approach to AI Regulation: Key Considerations for Companies

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Despite the media headlines that may lead one to believe that there are no laws applicable to artificial intelligence (AI) in the US, existing federal and state laws apply, along with a series of frameworks issued by various...more

McDermott Will & Emery

AI Advertising: The FTC Prepares for Battle

On February 27, 2023, the Federal Trade Commission (FTC) published guidance aimed at artificial intelligence (AI) advertising claims. After the massively successful beta release of OpenAI’s ChatGPT, many companies, big and...more

Epstein Becker & Green

FTC Signals Increased Scrutiny of Technology Sector Through Establishing the Office of Technology

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On February 17, 2023, the Federal Trade Commission (“FTC”) announced the creation of the Office of Technology (the “OT”), which will be headed by Stephanie T. Nguyen as Chief Technology Officer. This development comes on the...more

Dechert LLP

Dechert’s Privacy & Cybersecurity Extended Forecast for 2022: Hot Today. Hotter Tomorrow!

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​​​​​Few things are certain, but it is indisputable that in 2022 data will remain big; data driven technologies will create unparalleled opportunity and risk; the frequency and sophistication of cyberattacks will shatter...more

Hogan Lovells

AI & Algorithms (Part 4): The FTC’s Guidance on AI

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Although the U.S. has no federal law that specifically regulates artificial intelligence (AI), the Federal Trade Commission (FTC) has indicated that it may be preparing to exercise its consumer protection authority with...more

Epstein Becker & Green

EPIC Files Complaint with FTC Regarding AI-Based Facial Scanning Software

As we have previously blogged, use of third-party digital hiring platforms to select job applicants using video interviews can present an array of potential legal issues. A recent Complaint filed with the Federal Trade...more

Ballard Spahr LLP

Petition filed with FTC seeking investigation of use of “secret surveillance scoring”

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The Consumer Education Foundation, a California-based nonprofit consumer advocacy organization, has filed a petition with the FTC asking it to investigate the use of “secret surveillance scores” in the U.S. marketplace....more

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