Addressing legal issues with the latest technological developments and social media trends.
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A video play idonOn November 24, 2020, Dave Chappelle posted his “Unforgiven” stand-up set to Instagram and publicly called out Viacom and Comedy Central over the streaming rights and revenues from his early-2000s hit, Chappelle’s Show. As we previously explained, rather than litigating what seemed to be Viacom-friendly contract language, Chappelle was taking the issue to “his real boss”—his fans—by calling for a boycott of the show on two major streaming platforms: Netflix and HBO Max. By the end of 2020, both platforms had taken the show down. Chappelle hoped to use the boycott as leverage to renegotiate a better deal.

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Closeup of broken chainBuilding upon the California Consumer Privacy Act (CCPA), on November 3, 2020, Californians voted to approve Proposition 24: the California Privacy Rights Act (CPRA). The CPRA does not replace the CCPA but rather adds to and modifies the language of the CCPA to strengthen consumer privacy rights and perhaps, in the future, form a basis for General Data Protection Regulation (GDPR) data transfer adequacy. While the CPRA is a landmark legislative accomplishment for privacy rights, it creates new problems for blockchain-based technologies, particularly those provisions regarding the right of correction and principles of data minimization and storage limitation.

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marijuana plantsWith the inauguration of President Joseph Biden in January and the attaining of a narrow majority by Democratic party in Congress, there’s been some excitement in the cannabis space, as well as many questions revolving around one central unknown: How will the Biden administration and the swing in Congress leadership impact cannabis reform?

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While we’ve devoted ample time to discussing areas of potential concern regarding the application of algorithms—and algorithm bias in particular—it’s also a good time to remember algorithmic technology is poised to make our lives better, often in ways we’ll never know about.

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Streaming-boycott-1202533838-300x171Just before Thanksgiving, Dave Chappelle posted to his Instagram account an 18-minute stand-up set titled “Unforgiven.” As expected, Chappelle’s fans ate it up, and the original video has been viewed more than six million times in the two weeks since its posting. Chappelle opens the set sharing stories and lessons learned from his start in comedy at the age of 14 before turning to a very public airing of grievances with Viacom over the streaming rights to the early-2000s Comedy Central hit Chappelle’s Show, which Viacom owns and had recently started streaming on both HBO Max and Netflix.

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food-delivery-platformsMany restaurants that do not like food delivery platforms delivering their food will have their concerns addressed by a new California law enacted on September 24, 2020. AB-2149, known as the Fair Food Delivery Act of 2020, prohibits food delivery platforms from arranging for the delivery of food delivery orders without the express authorization of the food facilities. Food delivery platforms will need to obtain agreements from any restaurants that they want to take orders and deliver meals from.

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Machine-learning-1079012838-300x209One of the biggest obstacles self-driving cars have to get around is the one between our ears. Even as these vehicles are hitting the streets in pilot projects, three out of four Americans aren’t comfortable with the idea of their widespread use.

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Facial-recognition-bias-1190624951-300x213The sweeping use of facial recognition software across public and private sectors has raised alarm bells in communities of color, for good reason. The data that feed the software, the photographic technology in the software, the application of the software—all these factors work together against darker-skinned people.

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GettyImages-1269726290-scaled-e1606147822524-300x219As research continues to prove that AI is not an impartial arbiter of who’s who (or who’s what), various mechanisms are being devised to mitigate the collateral damage from facial recognition software.

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We’ve written frequently about the distributed ledger technology (DLT) and the blockchain—on the interesting variations of the technology, its ability to bolster other technologies and its potential applications on everything from team giveaways to trading platforms (be they for cryptocurrency or energy commodities). In “Blockchain-Based Tokenization of Commercial Real Estate,” colleague Matt Olhausen examines the real-world application of tokenization—the process of representing a fractional ownership interest in an asset with a blockchain-based digital token—in commercial real estate.