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California Proposes New AI & Automated Decision-Making Technology Regulations

December 7, 2023 Blog
Privacy Blog

The California Privacy Protection Agency (CPPA) released its draft regulatory framework for automated decision-making technology (ADMT) on November 27. These regulations are a preview of what new requirements may look like for companies currently regulated by the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”).

The proposed regulations generally require comprehensive disclosures and opt-out provisions for California consumers and employees regarding the use of ADMT. Read the full blog post here.

Firm Highlights

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I Always Feel Like AI Is Watching Me: Artificial Intelligence and Privacy

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Scraping Battles: Meta Loses Legal Effort to Halt Harvesting of Personal Profiles

Alex Reese spoke to Matt Fleischer-Black of  Cybersecurity Law Report about the Meta v. Bright Data decision and its impact on U.S. scraping case law. Read the article here (paywall or trial).

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California Appeals Court Empowers Privacy Agency to Immediately Enforce CCPA Regulations

In  California Privacy Protection Agency et al. v. The Superior Court of Sacramento County  (case number C099130), the Third Appellate District of the California Court of Appeal returned authority to the California Privacy Protection...

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It Wasn’t Me, It Was the AI: Intellectual Property and Data Privacy Concerns With Nonprofits’ Use of Artificial Intelligence Systems

In today's rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting for countless cost-effective...

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BIPA Liability: Existing CGL Coverage May Provide a Lifeline for Policyholders

Developments in the law have increased the potential liability that companies could face under the Illinois Biometric Information Privacy Act (BIPA), but fortunately for policyholders, Illinois case law has also solidified coverage for BIPA...

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Is the Copyright Threat to Generative AI Overhyped? Implications of Kadrey v. Meta

In November 2023, Meta successfully had nearly all of the claims against it dismissed in the Kadrey v. Meta Platforms, Inc. suit, a victory with potential implications for other technology companies with generative AI tools...

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Nonprofits’ Use of Artificial Intelligence Systems: Intellectual Property and Data Privacy Concerns

In today's rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting for countless cost-effective...

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Publication

Enforcement of CPRA Regulations Delayed

Shortly before the California Privacy Right Act (CPRA) modifications to the California Consumer Privacy Act (CCPA) were set to become enforceable on July 1, 2023, a Sacramento Superior Court judge issued a ruling on...

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Thomson Reuters v. Ross Intelligence: AI Copyright Law and Fair Use on Trial

On Sept. 25, 2023, Judge Stephanos Bibas (sitting by designation in the District of Delaware), determined that fact questions surrounding issues of fair use and tortious interference required a jury to decide media conglomerate...

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Top 5 Privacy Cases To Watch, From Chatbots to Geolocation

Litigation — and threats of litigation — related to privacy law violations have been on the rise recently. While some judges have pushed back on the theories set forth by plaintiffs, new privacy lawsuits...

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