In May 2024, we released Part I of this series, in which we discussed agentic AI as an emerging technology enabling a new generation of AI-based hardware devices and software tools that can take actions on behalf of users. It
Latest from New Media and Technology Law Blog
The DOJ’s Final Rule on Access to U.S. Sensitive Personal Data and Government-Related Data by Countries of Concern or Covered Persons
UPDATE (April 17, 2025): The below reflects a development occurring after our publication of the original post.
On April 11, 2025, the National Security Division (the “NSD”) released several documents setting out initial guidance on how to comply with the
Upcoming Changes to AI Regulation in the New Administration
With the second Trump Administration set to take power in January 2025, one can expect a pendulum swing in many aspects of technology policy. For example, while it is expected that President Trump will will continue efforts by the Biden
CFPB Issues Final “Open Banking” Rule Governing Third Party Use of Consumer Banking Information
- Uses of lnformation Limited to “What is Reasonably Necessary”
- Use of Deidentified Data Not Within Scope
- Screen Scraping Survives
After a yearslong lead-up, the Consumer Financial Protection Bureau (CFPB) published its final “open banking” rule in October. The rule effectuates the
California Enacts Additional Generative AI Bills Touching on Training Data
After several weeks of handwringing about the fate of SB 1047 – the controversial AI safety bill that would have required developers of powerful AI models and entities providing the computing resources to train such models to put appropriate safeguards
California Enacts Generative AI Law Addressing “Digital Replicas” of Performers
Court Rules That Scraping of Public Data by Competitor Constitutes Trade Secret Misappropriation
In an ongoing dispute commenced in 2016, the Eleventh Circuit for the second time in the lifetime of the litigation considered trade secret misappropriation and related copyright claims in a scraping case between direct competitors.
The case involved plaintiff Compulife
Colorado Expands “Right-to-Repair” Law
On May 28, 2024, Colorado Governor Jared Polis signed into law the “Consumer Right to Repair Digital Electronic Equipment” bill (HB24-1121). The legislation expands the state’s 2023 right to repair law, which currently applies to agricultural equipment and
A Final Bow for Section 230? Latest Plea for Reform Calls for Sunset of Immunity Law
Section 230 of the Communications Decency Act (the “CDA” or “Section 230”), known prolifically as “the 26 words that created the internet,” remains the subject of ongoing controversy. As extensively reported on this blog, the world
The King is Back (in the Digital Era) | The ELVIS Act, Generative AI and Right of Publicity
On March 21, 2024, in a bold regulatory move, Tennessee Governor Bill Lee signed the Ensuring Likeness Voice and Image Security (“ELVIS”) Act (Tenn. Code Ann. §47-25-1101 et seq.) – a law which, as Gov. Lee stated, covers “new,