The U.S. Patent and Trademark Office continues to seek stakeholder input on AI-generated disclosures and patentability. Earlier this year, USPTO issued a public Request for Comment on the impact of artificial intelligence on prior art, the known understanding of a person of ordinary skill and how this effects patentability, specifically novelty and obviousness of a … Continue Reading
Last month, viral AI-generated pornographic pictures of Taylor Swift circulated on X (formerly Twitter), with one post remaining for 17 hours and receiving more than 45 million views, 24,000 reposts, and hundreds of thousands of likes before the verified account was suspended for violating platform policy. The images, allegedly created using a company’s text-to-image tool … Continue Reading
Over the past several months, we have seen an increase in notices from alleged trademark firms. The emails are identical or substantially similar to the following: Hi [recipient], I hope this email finds you in good health. I am writing to you on behalf of the legal department of [Trademark Firm]. We have received an … Continue Reading
On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”). The reason? The … Continue Reading
The U.S. is generally viewed as “behind” in its regulation of AI compared to the European Union and Asian countries. Yet ChatGPT’s release triggered a tsunami of U.S. legislation in 2023 from federal and state legislators seeking to address perceived concerns with the emerging and fast evolving technology. State legislatures have introduced nearly 200 AI … Continue Reading
2023 has been a watershed year for AI with its entry into the broader public consciousness. AI has been front and center in the legal space as well, as this blog has detailed here and here. Now, the U.S. Copyright Office (USCO) is seeking public comments on the various legal, technical and policy issues raised … Continue Reading
The news about Steven Schwartz, the attorney who asked ChatGPT, an artificial intelligence chatbot, to find cases relevant to his client’s lawsuit only to submit a brief full of bogus caselaw, spread gleefully fast, as embarrassing news does. And although we shook our heads in disapproval, I suspect many attorneys were grateful to Mr. Schwartz. … Continue Reading
Generative Artificial Intelligence is a type of artificial intelligence (AI) that can generate a wide range of content types in response to user prompts. Examples of such content can include text, images, audio and video content, etc. There has been pervasive use of Generative AI over the past few months, to create essays, works of … Continue Reading
A federal district court in New York held that the Internet Archive’s Open Library project was engaging in copyright infringement by publishing digital copies of millions of books online. Even though the Internet Archive and participating libraries purchased print copies of the books and, for the most part, made them available to borrowers on a … Continue Reading
China is at the forefront of the AI development race. While many see China’s AI policies as a cover to curb freedoms and control society, the reality is that China is an active AI developer in a thriving market for AI applications in both the trade and industrial sectors. There are, however, several challenges related … Continue Reading
Top technology trends in the legal profession for 2021 are likely to include artificial intelligence, block chain and cryptocurrencies, autonomous vehicles, digital health, and … court filings on paper. Following a recent widespread cybersecurity breach, the United States federal courts are prohibiting electronic filing of highly confidential documents. Parties must file such documents on paper … Continue Reading
Is compliance with payment card data security standards being ignored? The recent £500,000 fine, levied by the UK Information Commissioner on DSG, the owner of Currys PC World and Dixons Travel stores, highlights a worrying trend of non-compliance with payment card security standards. Our Security & Privacy Team has prepared a full blog post on … Continue Reading
Using artificial intelligence (AI) and big data is becoming an increasing conundrum in the drive for competitive advantage. Governments and industry are all developing AI plans, but what does this mean and what are the social consequences? If you are an EU or national policymaker, what regulatory framework should you consider? Are the existing liability … Continue Reading
Decree No. 2058-1057 of November 29 2018 on foreign investments subject to prior approval France, who in recent years has been relatively open to overseas investors, has extended its control over foreign investment into certain ‘sensitive’ industries, particularly the IT, cybersecurity, communication and technology sectors.… Continue Reading
The ‘Internet of Things’ (IoT) – a rather vague collective term for the random mix of new technology which has now infiltrated our lives. In simple terms, it is the group of devices that are connected to the Internet. From the fridge which tells its owner that the milk is running low, the interrupting virtual … Continue Reading
Developments in artificial intelligence (AI) are proving hugely beneficial for society, both at a commercial and individual level (e.g. face recognition and medical diagnostic technology, route mappers for navigation, robotic pets, cleaners and industrial robots). However, with the advancement of such technology, and the increasing integration of AI into our everyday lives, comes the potential … Continue Reading
On 13 September 2017, the President of the European Commission, Jean Claude Juncker, announced during his State of the Union address the intention to propose new legislative measures that will boost the cybersecurity resilience within the EU. Following the President’s speech, the European Commission published the following initiatives: a proposal for a Cybersecurity Act Regulation … Continue Reading
In the first state Attorney General action against a wireless security company for failing to implement adequate security in its Internet of Things (IoT) devices, the New York Attorney General recently settled with wireless lock company Safetech. According to the settlement, there were alleged security shortcomings despite the fact that the company promised “Privacy When … Continue Reading
On May 3, 2017 our Partner and Cybersecurity expert based in our Washington DC office will be speaking at the American Conference Institutes 8th Annual Advanced Forum on Managed Care Disputes and Litigation. Elliot will be presenting on ‘Cybersecurity and Service Providers: Strategies for Keeping Compliant when Dealing with Outside Vendors’. He will provide practical advice and best … Continue Reading
On December 28, 2016, the New York Department of Financial Services (“DFS”) published in the State Register a revised proposed cybersecurity regulation (23 NYCRR 500). The deadline to submit comments on this version is January 27, 2017, and the proposed effective date of the regulation is March 1, 2017. This version of the proposed regulation … Continue Reading
