hiQ v. LinkedIn: User Agreements in the Age of Data Scraping
Image by BedexpStock from Pixabay On November 4, 2022, LinkedIn announced a “significant win” for the platform and its members against “personal data scraping.” The win resulted from a 6-year legal battle that asked, in part, whether LinkedIn must allow hiQ Labs to scrape data from the public profiles of LinkedIn members. Last Friday, the U.S. District Court for the Northern District of California answered that question by ruling that LinkedIn’s User Agreement “unambiguously prohibits hiQ’...
TWO-PARTY CONSENT REQUIREMENTS FOR RECORDING CALLS
Image by Slash RTC from Pixabay For a call recording to be lawful, federal law[1] and most states require at least one party to the conversation to consent to the recording. However, many states go further, requiring two-party (or all-party) consent for a call to be lawfully recorded. As the following list demonstrates, navigating the state law nuances of two-party consent for recording calls can require some finesse. CALIFORNIA Requires prior consent from all parties to record a con...
Two-Party Consent Requirements for Recording Calls
For a call recording to be lawful, federal law [1] and most states require at least one party to the conversation to consent to the recording. However, many states go further, requiring two-party (or all-party) consent for a call to be lawfully recorded. As the following list demonstrates, navigating the state law nuances of two-party consent for recording calls can require some finesse. CALIFORNIA Requires prior consent from all parties to record a confidential in-person, telephone, or video...
THE WHITE HOUSE’S BLUEPRINT FOR AI BILL OF RIGHTS
Image by David Mark from Pixabay. In 2021, the global artificial intelligence (AI) market was estimated to value between USD 59.7 billion and USD 93.5 billion. Going forward, it is expected to expand at a compound annual growth rate of 39.4% to reach USD 422.37 billion by 2028. However, as financial and efficiency incentives drive AI innovation, AI adoption has given rise to potential harms. For example, Amazon’s machine-learning specialists discovered that their algorithm learned to penal...
The White House’s Blueprint for an AI Bill of Rights
In 2021, the global artificial intelligence (AI) market was estimated to value between USD 59.7 billion and USD 93.5 billion. Going forward, it is expected to expand at a compound annual growth rate of 39.4% to reach USD 422.37 billion by 2028. However, as financial and efficiency incentives drive AI innovation, AI adoption has given rise to potential harms. For example, Amazon’s machine-learning specialists discovered that their algorithm learned to penalize resumes that “included the word ‘wo...
CALIFORNIA’S SOCIAL MEDIA TRANSPARENCY LAW
Image by Pixelkult from Pixabay. Disclosure Obligations, Hate Speech & AG Reports Legislators across the United States have been grappling with how to regulate social media companies. In Texas, the 5th Circuit upheld a law limiting how social media platforms can moderate content.[1] In Florida, a brief was filed asking the U.S. Supreme Court to reverse the 11th Circuit’s decision to strike down a law preventing how social media platforms can moderate users.[2] Now, with Governor Newsom...
California’s Social Media Transparency Law
Disclosure Obligations, Hate Speech & AG Reports Legislators across the United States have been grappling with how to regulate social media companies. In Texas, the 5th Circuit upheld a law limiting how social media platforms can moderate content.[1] In Florida, a brief was filed asking the U.S. Supreme Court to reverse the 11th Circuit’s decision to strike down a law preventing how social media platforms can moderate users.[2] Now, with Governor Newsom signing AB 587 into law, California jo...
The California Age-Appropriate Design Code
***Update: On September 15, 2022, Governor Newsom signed AB 2273, establishing the California Age-Appropriate Design Code Act. Who It Covers, What It Requires & How It Compares to the UK Effective July 1, 2024, the California Age-Appropriate Design Code imposes obligations on businesses [1] that provide an “online service, product, or feature” that is “likely to be accessed by children.” [2] Children are defined as California residents [3] “who are under 18 years of age.” [4] The law provi...