The FCC has issued a declaratory ruling, employing the protection of the Telephone Consumer Protection Act (TCPA) to outlaw robocalls that use AI-generated voices. The Commission’s unanimous decision was spurred by public fallout from the doctored audio message of a purported President Biden urging voters in New Hampshire not to vote in the state’s Democratic primary last month. The announcement makes clear that the potential for malicious actors to use AI to deceive voters and subvert democratic processes is on the government’s top-of-mind this election year. This is not the first time that the TCPA has been used to protect the public from election interference, but rather than go after individual actors for individual instances of election interference as it has in the past, this decision creates a much wider blanket ban on AI-generated voices in robocalls which will cover election-related AI-generated calls among others.Continue Reading 2024 Is Set To Be Democracy and Deepfakes’ Biggest Year. Is U.S. Legislation …Ready For It?
Merck’s settlement last week over its $1.4 billion claim tied to a 2017 Russian-linked “NotPetya” cyberattack leaves a major question in cybersecurity and international law anything but settled – can a “cyberattack” ever be considered an “attack” under the international laws of war? The insurance dispute is hardly the first time cybersecurity has been linked to nation-state security – as far back as 2014, China’s now President Xi Jinping declared that “without cybersecurity there is no national security” – but how did a major pharmaceutical chain’s insurance claim become a potential battleground for litigating the definition of war in the 21st century?Continue Reading Merck Insurance Settlement Leaves Debate over Cyberwar and Cyberinsurance Unsettled
Looking back on 2023, the trend of privacy-based class actions has only increased, and it doesn’t seem poised to halt or even slow down in the new year. Businesses are feeling acutely the threat of future litigation. At the end of 2022, the hundreds of cross-industry respondents to the Annual Litigation Trends Survey cited cybersecurity, data protection, and data privacy as the second-highest ranked area of future concern for class actions, and their concerns turned out to be justified. From peeved Pixel plaintiffs to data breach defendants, class actions abounded this year.Continue Reading Dashing Through 2023’s Privacy Litigation Trends
On June 24, 2022, the U.S. Supreme Court issued its ruling in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade and holding that there is no constitutionally protected right to abortion. The significance of the decision cannot be overstated. Dobbs not only rolled back the Court’s prior protection of reproductive rights, it also raised still-unanswered questions about the privacy of digital data and could lead to the overturning of other previous Court opinions that are similarly grounded in privacy interests. In sparking such questions, Dobbs appears to have reinvigorated a national conversation regarding the protection of personal information and, more generally, the need for stronger data privacy safeguards in the United States.Continue Reading Four Months after Dobbs, Privacy Concerns Remain in the Spotlight