In April, we wrote about how OpenAI had eased the procedure by which ChatGPT users can opt out of their inputs being used for model training purposes (click here for that post). While neither web scraping nor the collection of
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.
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Generative AI Providers Subject to Reduced CDA Immunity Under Proposed Legislation
One of the many legal questions swirling around in the world of generative AI (“GenAI”) is to what extent Section 230 of the Communications Decency Act (CDA) applies to the provision of GenAI. Can CDA immunity apply to GenAI-generated output…
Interoperability of Artificial Intelligence and Copyright Law Examined by Congress
Within the rapidly evolving artificial intelligence (“AI”) legal landscape (as explored in Proskauer’s “The Age of AI” Webinar series), there is an expectation that Congress may come together to draft some form of AI-related legislation. The focus is on…
That Was Close! The Supreme Court Declines Opportunity to Address CDA Immunity in Social Media
Back in October 2022, the Supreme Court granted certiorari in Gonzalez v. Google, an appeal that challenged whether YouTube’s targeted algorithmic recommendations qualify as “traditional editorial functions” protected by the CDA — or, rather, whether such recommendations are not the…
OpenAI Eases Procedure to Opt-Out of Inputs Being Used for Training Purposes
A quick update on a new development with OpenAI’s ChatGPT. One of the concerns raised by users of ChatGPT is the ability of OpenAI to use queries for the training of the GPT model, and therefore potentially expose confidential information…
Amazon Acts Against DMCA Abuse
Competition between Amazon’s third-party merchants is notoriously fierce. The online retail giant often finds itself playing the role of referee, banning what it considers unfair business practices (such as offering free products in exchange for perfect reviews, or targeting competitors…
ChatGPT Risks and the Need for Corporate Policies
ChatGPT has quickly become the talk of business, media and the Internet – reportedly, there were over 100 million monthly active users of the application just in January alone.
New York Enacts First State “Right-to-Repair” Law
At the close of 2022, New York Governor Kathy Hochul signed the “Digital Fair Repair Act” (S4101A/A7006-B) (to be codified at N.Y. GBL §399-nn) (the “Act”). The law makes New York the first state in the country to…
hiQ and LinkedIn Reach Settlement in Landmark Scraping Case
UPDATE: On December 8, 2022, the court issued an order granting the Consent Judgment and Permanent Injunction.
On December 6, 2022, the parties in the long-running litigation between now-defunct data analytics company hiQ Labs, Inc. (“hiQ”) and LinkedIn Corp.…
Data Scraper’s Declaratory Action Seeking Green Light to Scrape LinkedIn Survives Motion to Dismiss
On November 15, 2022, a California district court declined to dismiss a declaratory judgment action brought by a data scraper, 3taps, Inc. (“3taps”), against LinkedIn Corp. (“LinkedIn”). (3taps, Inc. v. LinkedIn Corp., No. 18-00855 (N.D. Cal. Nov. 15,…