On May 31, 2023, the United States and European Union held the fourth ministerial meeting of the U.S.-EU Trade and Technology Council (“TTC”). The TTC is a consultative forum created to coordinate approaches to key global trade, economic, and technology
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When Chatbots Go Rogue
By Kate White & Ioana Gorecki
Last week, a mental-health chatbot used by the National Eating Disorder Association suddenly began giving diet advice to people seeking help for eating disorders. The rogue chatbot had apparently been developed as a closed system, but the software developer rolled…
Texas AG’s Broad Jurisdiction Results in Settlement with VW and Audi
Last month, the Texas Attorney General agreed to a settlement in principle with car manufacturers Audi and Volkswagen requiring them to pay a civil penalty of $85 million for alleged violations of the Texas Clean Air Act and environmental regulations.…
Looking For Plausibility In FTC’s Amgen Merger Challenge
Is FTC trying to revive the discredited P&G case? In the 60s the Commission blocked an acquisition because it would give the company a marketing advantage. Efficient marketing is good for companies and consumers. In the Amgen case, FTC is saying…
NAD Addresses Hyperlinked Disclosures
When a disclosure is necessary to prevent an ad from being misleading, the disclosure must be presented in a “clear and conspicuous” manner. Exactly what that means depends a lot on the context, but one question we get regularly is…
FCC Abandons 2015 Forfeiture Policy Statement in Favor of Case-by-Case Approach
While no one is likely to bemoan the Federal Communications Commission’s (FCC’s or Commission’s) May 30, 2023, Memorandum Opinion and Order (MO&O) to vacate the 2015 Forfeiture Policy Statement that had adopted a methodology of treble damages for violations of…
EEOC Guidance Tackles AI and Other Advanced Technologies in Employment Decision Making
Artificial intelligence (AI) promises new efficiencies in making employment decisions: instead of human eyes having to review stacks of resumes, an algorithm-based selection process aids in making a “rough cut” based on objectively desirable characteristics. This ought to reduce the…
Talking Trash at the FTC: Event Recap
This week, the FTC held its Talking Trash at the FTC workshop, a four-hour event intended to examine “recyclable” claims in ads. We’ve sifted through some of the trash and pulled out a few things worth noting.
- Substantial Majority Test:
…
Height and Weight Set to Become Protected Classes in New York City
New York City is poised to become the largest city in the nation to ban discrimination on the basis of a person’s height or weight.
Earlier this month, the New York City Council passed Bill INT 0209, new legislation…
With July 1st in view, Google updates CCPA contract terms
Google updated its privacy terms earlier this month, shifting away from offering many of its advertising services on a “service provider” basis. With the change, Google states that its Customer Match, Audience Partner API, and certain audience-building services no longer…