A recently-filed federal court complaint tests the enforceability of restrictive terms in a data license against the use of licensed data for generative AI purposes. The outcome of this case may turn on interpreting broad terms such as training, internal
New Media and Technology Law Blog
The New Media and Technology Law Blog, published by Proskauer Rose LLP, focuses on legal issues at the intersection of technology, media, and emerging digital trends. It covers topics such as data licensing and restrictions, artificial intelligence and generative AI implications, privacy and cybersecurity regulations, online platform liability, electronic contracting and enforceability of website terms, and evolving state and federal data privacy laws. The blog also discusses recent court decisions affecting technology law, including interpretations of statutes like the Computer Fraud and Abuse Act and the Communications Decency Act. It serves as a resource for understanding how legal frameworks adapt to innovations in technology and digital media.
Latest from New Media and Technology Law Blog - Page 2
Two Notable Tech Law Decisions That Closed Out the Summer: CDA Immunity Protections for a Software Platform, CFAA “Authorized Access” Issues, Passwords as Trade Secrets
In the closing days of August, two federal appeals courts issued noteworthy decisions at the intersection of workplace conduct, computer law and online platforms. The two opinions were released during a period of time this past summer amidst the continuing…
Why a Transaction’s Context Matters: Website Terms Found Unenforceable Despite Proximate Placement to “Place Order” Button
In Cody v. Jill Acquisition LLC, No. 25-937 (S.D. Cal. June 30, 2025), the Southern District of California declined to enforce a retail site’s terms of use and compel arbitration, holding that the plaintiff, who used guest checkout to…
Oregon Strengthens Geolocation Data Privacy and Children’s Personal Data Protections, Adding to Compliance for Data Brokers and Others
Take it Down Act Signed into Law, Offering Tools to Fight Non-Consensual Intimate Images and Creating a New Image Takedown Mechanism
- Law establishes national prohibition against nonconsensual online publication of intimate images of individuals, both authentic and computer-generated.
- First federal law regulating AI-generated content.
- Creates requirement that covered platforms promptly remove depictions upon receiving notice of their existence and a valid
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Contract Law in the Age of Agentic AI: Who’s Really Clicking “Accept”?
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…
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…