“One who invites another to his home or office takes a risk that the visitor may not be what he seems, and that the visitor may repeat all he hears and observes when he leaves. But he does not and should not be required to take the risk that what…
Internet & Social Media Law Blog
Skin in the Game: A Second Take on Copyright and Tattoos in Video Games
You’re in the midst of doomscrolling, when you decide to take a mental health break and post a photo to your socials from a happier (pre-pandemic) time. As you search through your photos, you find a great one of yourself that a friend-of-a-friend took. You’re about to post the photo…
Facial Recognition, Racial Recognition and the Clear and Present Issues with AI Bias
As we’ve discussed in this space previously, the effect of AI bias, especially in connection with facial recognition, is a growing problem. The most recent example—users discovered that the Twitter photo algorithm that automatically crops photos seemed to consistently crop out black faces and center white ones. It began when…
Social Media Posting, Copyright Infringement and the Rights Balancing Act
In a recent social gathering, your friends took a number of photos and circulated it to the group. You see that one shot by a friend is a particularly great photo of you. You repost to your social media account to share with the world. It would generally be safe…
Is DNA the Answer to the Data Storage Crisis?
Ninety percent of the digital data in the world has been generated in the past two years, and with the growth of search engines, social media sites, smart cars and the Internet of Things (IoT), that pace is just accelerating. One possible solution lies in our very DNA. In “When…
Think Before You Link: The Legal Risk with Nested Hyperlinks in Online Terms
As regulations and best practices regarding online terms continues to impose increasing requirements on operators of websites, apps and online services, a basic set of online terms can now encompass as many as half a dozen documents! One just needs to glance at the footer of most any website to…
Overstock Rockets to New All-Time Highs on the Back of COVID-19 and Patented Digital Security Trading Platform
With bitcoin prices rocketing nearly 300% from trough to peak when COVID-19 lockdowns were announced in March 2020 and then relaxed in July 2020, I thought I would revisit a blockchain company we discussed earlier last year to see how it has progressed and been valued by the financial community:…
Digitalized Discrimination: COVID-19 and the Impact of Bias in Artificial Intelligence
As the world grapples with the impacts of the COVID-19 pandemic, we have become increasingly reliant on artificial intelligence (AI) technology. Experts have used AI to test potential treatments, diagnose individuals, and analyze other public health impacts. Even before the pandemic, businesses were increasingly turning to AI to improve efficiency…
Protecting Elections: Regulating Deepfakes in Politics
The 2020 election will be unprecedented in many respects. More people will be voting by mail, and there will likely be more democratic participation online than ever before. Internet platforms and communication services will become more influential forums as people are restricted from in-person conventions and debates. But even before…
EARN IT Act Amendments Could Shift Section 230 Protection from DOJ Guideline Compliance to Post Hoc Enforcement Regime
It has been a little more than a month since the Department of Justice (DOJ) made their formal recommendations to lawmakers on how to limit the scope of the broad immunity given to interactive computer service companies, i.e., social media and tech companies, under Section 230 of the Communications Decency…