On February 8, 2023, a federal trial court in New Jersey ruled that login credentials were a trade secret and also addressed the concept of “misappropriation of confidential information,” in a case where one party was accused of locking the
Synthetic data: A potential solution to the de-identification problem
The risk of privacy breaches using large data sets of personal information is only increasing with advancements in data processing and artificial intelligence (AI). With any large-scale manipulation of personal data by organizations, there is potential for misuse…
Ninth Circuit joins Eleventh Circuit holding that social media marketers of financial products may be liable as sellers under Securities Law
The United States Court of Appeals for the Ninth Circuit recently issued an opinion in Pino v. Cardone Capital, LLC that followed the Eleventh Circuit ruling in Wildes v. BitConnect (see our March, 2022 post on that case here:…
Photo backgrounds and copyright infringement
Many companies post photos on social media in order to promote their businesses. A recent federal court ruling demonstrates how simple it is to become subject to a copyright infringement lawsuit because of the background of the photo. (Petersen…
Who owns the content created by ChatGPT?
Suppose you decided to use ChatGPT to create your next social media post. Who owns the content? You do! (Or your employer in certain situations)
According to the OpenAI terms of use, OpenAI assigns to you all right, title…
Marketing in the Metaverse facing regulatory limbo
The metaverse is an elusive concept, but can be broadly described as a rapidly growing extension of the tendrils of the internet, redefining what constitutes social media. As an ever-growing and immersive network of technologies, the metaverse attempts to close…
Photos and Social Media
We have previously written on how expensive it can be to copy photos found on social media and use them for commercial purposes, as a result of copyright infringement claims. On October 3, 2022, the Ninth Circuit explored a few…
Bill C-27: Proposed legislation to regulate artificial intelligence and strengthen privacy law in Canada
By Dan Daniele
Bill C-27, the Digital Charter Implementation Act, 2022 seeks to bring “safety and trust” to the forefront of Canada’s evolving digital sphere, according to the Minister of Innovation, Science and Technology, Francois-Philippe Champagne, who introduced this bill on June 16, 2022. Bill C-27 promises to update and strengthen Canadian privacy law, govern the responsible development and use of artificial intelligence (“AI”), and continue implementing the principles of Canada’s Digital Charter. As social media companies deal with large volumes of personal data and are increasingly relying on AI systems, these companies and their consumers will surely experience the impacts of this bill if it becomes law. In Europe, where privacy laws are stringent, social media companies have already faced significant fines for data misuse.
Influencer’s location = jurisdiction for tortious interference case
On August 5, 2022, a federal trial court in Ohio ruled that the location of a social media influencer meant that jurisdiction was proper for a tortious interference with contract lawsuit brought against the influencer and alleged interferers, even though one of the defendants had only been to Ohio once, five years ago. EHPLabs Research, LLC, v. Smith, No. 5:22CV0653 (N.D. Ohio, Aug. 5, 2022) (2022 WL 3139604). Although the matter is at the motion-to-dismiss stage, it provides some good takeaways for anyone entering into arrangements with social media influencers.
Will the High Court tackle social media regulation next term?
Recently, our posts have discussed the rising call to reform Section 230 of the federal 1996 Communications Decency Act. Now, a controversial Florida Bill provides an opportunity for the Supreme Court to take up social media regulation on First Amendment grounds, potentially avoiding Section 230 reform.