On April 17, the Washington legislature passed the My Health My Data Act (MHMD Act), which includes some of the most restrictive provisions in any U.S. state privacy law. The MHMD Act is the result of Washington state’s multi-year effort
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Commentary Addressing Risks and Opportunities Through the Lifecycle of Data, Technology, Advertising and Innovation
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Washington State’s New Shield Law, Part of Washington’s ‘Choice-Defending Agenda,’ Modifies Obligations Related to Other States’ Criminal and Civil Process
Entities that receive criminal process (such as subpoenas or search warrants) in Washington state should review Washington’s new Shield Law, which the legislature just passed as part of its post-Dobbs “choice-defending agenda.” The law allows those in Washington who receive…
The Potential Risks of ChatGPT and Other Generative AI
“Shall we play a game?” Those innocuous words “spoken” by Matthew Broderick’s computer in John Badham’s sci-fi techno-thriller War Games stunned audiences at the time. A computer that could “talk” and “think” and engage in conversation?!? This was the height…
What About the Robots That Are Already Here? New York City to Begin Enforcement of Artificial Intelligence Applications Related to Applicants and Employees Through the NYC Automated Employment Decision Tools Law on July 5, 2023
On January 1, 2023, New York City became the first jurisdiction in the United States to regulate employers’ use of automated employment decision tools (AEDTs) in the hiring and promotion process. Local Law 144 (the NYC AEDT Law), which requires…
My Health My Data: New Proposed Washington Law Aims to Protect Consumer Health Data
Since the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision, healthcare privacy has become a more urgent issue as states such as Missouri seek to limit women from obtaining abortions in other states. For example, certain period…
Iowa Becomes the Sixth U.S. State to Pass a Comprehensive Consumer Privacy Law
On March 29, 2023, Iowa became the sixth U.S. state to pass comprehensive consumer privacy legislation. The new law will go into effect on January 1, 2025. Iowa’s privacy law bears substantial similarity to the Virginia, Colorado, Connecticut and Utah…
Artificial Intelligence Competitiveness, Inclusion, and Innovation – the U.S. Chamber of Commerce Commission Considers AI Regulation, Competitiveness, and the Future of AI
On March 9, 2023, the U.S. Chamber of Commerce released both an Executive Summary and Full Report detailing the work done by the Chamber’s Commission on Artificial Intelligence Competitiveness, Inclusion, and Innovation (“AI Commission”) over the course of 2022-2023, calling…
Generative AI Tools Can Present IP Risks, But They’re Manageable
The sudden increase in news coverage of generative artificial intelligence (AI) tools like ChatGPT and Midjourney has employees excited to discover how these accessible tools can make their jobs easier. Employers are concerned about the legal implications of using such…
With New Enforcement Action, FTC Warns Against Health Information Being Used for Advertising Purposes
If the Federal Trade Commission’s (FTC) recent pursuits did not make clear the agency’s deep concerns about the use of health information for advertising purposes, a new enforcement action brought by the FTC against BetterHelp – to the tune of…
2023: A Generative AI Odyssey
Artificial intelligence (AI) has long existed in the public consciousness through science fiction, doomsday planners, and fears of Ray Kurzweil’s singularity—but it now appears to be an accessible reality. 2023 has begun with a sharp increase in the number…