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Internet & Social Media Law Blog

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How Best to Tax the Cloud?

With the transition of software from physical, boxed merchandise to web-based, downloadable content, the question of how and whether to tax this less tangible manifestation of goods and services has been taken up by courts and legislators alike. In “The Evolution of Software as a Service Taxes Post-Wayfair,” colleagues Dmitrii Gabrielov…

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How Real Is Too Real? Lawsuits Challenge Video Game Publishers for Including Real-World Content in Virtual Worlds

“For a bunch of hairless apes, we’ve actually managed to invent some pretty incredible things”  —Ernest Cline, Ready Player One It’s an incredible time to be alive. The Digital Age has helped us reached levels of efficiency and connectivity that were unimaginable just a few decades ago. In his award-winning…

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What Will Be the Endgame for Copyright in AI-Generated Works?

(Note, this post has spoilers for Avengers: Endgame.) Perhaps one of the most mesmerizing scenes in Avengers: Endgame is where all the MCU superheroes (including those on Titan) come through Dr. Strange’s portals to enter the battle against Thanos. In Avengers: Infinity War, Dr. Strange didn’t use these portals to…

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The Bias in the Machine: Facial Recognition Has Arrived, but Its Flaws Remain

When it comes to photos destined for the web, I’d rather be behind the camera than in front of it. However, on a recent trip to Tokyo I was reminded that photos of me, and specifically my face, are often being captured and processed by systems that are increasingly being…

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Bots, Sock Puppets and a Reckoning for a Social Media Influence Peddler

We’ve previously written about “tweet-less, picture-less,” computer-operated accounts or bots, that make one appear more popular—a.k.a. influential on social media—than one actually is. Recently, legislators and law enforcement agencies have moved to crack down on bots, their evil cousins known as sock puppets, and other deceptive social engagement practices. Specifically,…

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Superman and the CCPA: Not-So-Secret Identities and the Power of “Personal Information” under the California Consumer Privacy Act

Protecting consumer data privacy in the age of artificial intelligence and increased digital commerce is a growing concern. In June 2018, the California Consumer Privacy Act (CCPA) introduced provisions to protect consumers and became the first U.S. law that can be viewed as a response to GDPR. Going into effect…

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Deepfake News: While Technology Sprints, the Law Slowly Creeps Along

In another case of the law trying to keep pace with evolving technology, legislators are introducing bills to punish those who attempt to create false images that purport to be real. Targeting the rise of automated computer-generated imagery that has become increasingly accessible to the public, on February 14, 2019,…

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CFIUS Grounds Grindr IPO

The Committee on Foreign Investment in the U.S. (CFIUS) has effectively ordered the divestiture of Beijing Kunlun’s ownership of the online dating site, Grindr, just as the company was preparing for an IPO. The case is important for three reasons. It emphasizes the importance of a CFIUS risk assessment before…

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Going for the Green, Part II: Patents for Cannabis Plant Processing Methods, Coffee Pods and Condoms

Given the growth of investments in and shift of regulatory views regarding cannabis-related products, many companies in industries like medicine, lifestyle and foods/beverages are looking to carve out niches and be leaders in the relatively new space. As with any new technology space, it is essential to have a robust…

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Say Hello to the EU Copyright Directive

Back in September, we looked at the concerns and implications surrounding a proposed new copyright law being considered by EU legislators. Yesterday, perhaps faster than many expected, the European Parliament passed the new law. Many tech companies, digital rights activists and academic researchers found common ground in opposing the legislation, which…