American Privacy Rights Act Draft Update July 2024

Carolyn Wimbly Martin and Ella Sands

The American Privacy Rights Act (“APRA”) is the most recent effort by Congress to create a comprehensive consumer privacy law. Senator Maria Cantwell (D-WA) and Representative Cathy McMorris Rodgers (R-WA) introduced the bill in April, and the U.S. House Committee on Energy and Commerce Subcommittee on Data, Innovation and Commerce unanimously approved an updated draft […]

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Legal and Ethical Issues in Posthumous Art and Artificial Intelligence

Carolyn Wimbly Martin and Isabel Jonson

Posthumous art, defined as works created from an artist’s original molds, negatives or plans after an artist’s death, has always been subject to legal and ethical debate. Now, the debate has been reignited by artificial intelligence (“AI”), which generates new content in an artist’s style and may replicate an artist’s voice, image and likeness. The […]

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Facial Recognition Technology and Its Application in Educational and Other Sensitive Settings

Carolyn Wimbly Martin and Isabel Jonson

Facial recognition technology (FRT), which measures an individual’s face to automate identity verification, dates back to the 1850s, when England introduced prison photography to track escaped prisoners. Now, sophisticated forms of FRT are used to unlock cellphones via facial identification features, by TSA agents to screen travelers and for policing sports stadiums and casinos. Outside the […]

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Comprehensive State Consumer Privacy Laws

Carolyn Wimbly Martin and Ella Sands

Passage of state-level comprehensive consumer privacy laws has picked up speed in the last twelve months, and the trend is likely to continue. As the state 2023-2024 legislative sessions end, a total of seventeen states have enacted their own omnibus privacy laws: California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee, Montana, Texas, Oregon, Delaware, New […]

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Deepfakes, Rights of Publicity and Proposed Legislation

Carolyn Wimbly Martin and Isabel Jonson

Advancements in deepfake artificial intelligence (“AI”) are increasingly being used to swap faces from an image or video, manipulate facial expressions and synthesize faces or speech. However, these replicas of the voice, image or likeness of individuals raise growing concerns as to the patchwork of right-of-publicity laws and the need for a national framework to […]

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Crumbs of Data: How Internet Cookies Are Baked Into Your Online Experience

Carolyn Wimbly Martin and Sara Etemad-Moghadam

We’ve all heard about cookies and clicked through the banners and online pop-ups addressing the use of cookies, but their actual purpose and the rules that govern their use are not commonly understood either by website owners or their visitors. With the Children’s Online Privacy Protection Act (“COPPA”), the California Consumer Privacy Act (“CCPA”), the […]

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DOs and DON’Ts for Website Privacy Policies

It is easy to become lost in the quagmire of privacy obligations for your website. In the absence of a comprehensive federal privacy law in the United States, individual states are enacting their own privacy laws. For a while it was only California, but now many other states either have enacted laws or have pending […]

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Copyrightability of the Elements of Music Videos and the Challenges of Enforcement

Carolyn Wimbly Martin and Sara Etemad-Moghadam

On February 12, 2024, video game developer Epic Games, Inc. (“Epic”), and pop choreographer Kyle Hanagami (“Hanagami”) agreed to dismiss with prejudice a 2022 lawsuit accusing Epic of ripping off Hanagami’s dance moves for use in Epic’s popular video game “Fortnite.” The U.S. District Court for the Central District of California dismissed the lawsuit, finding […]

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A Case Study: George Carlin, Artificial Intelligence and the Right of Publicity

Carolyn Wimbly Martin, Sara Etemad-Moghadam and Ella Sands

In January 2024 Dudesy, an AI-assisted podcast, released a new hourlong special titled “George Carlin: I’m Glad I’m Dead,” featuring a version of the late comedian George Carlin (“Carlin”) allegedly generated by artificial intelligence (“AI”). Dudesy is a comedy podcast written, created and controlled by AI, and is hosted by “Mad TV” alum Will Sasso […]

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NFTs: Are They Securities?

Susan J. Lutzker, Carolyn Wimbly Martin and Sara Etemad-Moghadam

This is the second in a two-part series on the current status of NFTs. The first Insight in the series discusses the evolving, less sensational but more functional approach to the use of NFTs. In part two of the series we explore whether an NFT is a security and, if so, the additional scrutiny and […]

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