Deepfakes–especially those generated by AI–are now a daily part of our lives. Some are harmless entertainment, and some are incredibly harmful to individuals and society. And as AI technology improves, deepfakes are getting more and more difficult to spot. Individual states are racing to stop the harmful deepfakes, but they are struggling to keep up with the technology. In this session, Baker McKenzie’s Cynthia Cole, global chair of our commercial, technology, and transactions team, and…
The Federal Trade Commission (FTC) recently announced Operation AI Comply, an enforcement sweep targeting a diverse swathe of organizations that offer deceptive artificial intelligence (AI) products or use AI products in ways that harm consumers. The campaign demonstrates that the FTC is following through on past promises to crack down on deceptive AI and offers insight into the types of conduct that may attract the agency’s scrutiny. The announcement observes: “The cases included in this…
On September 29, 2024, California Governor Gavin Newsom vetoed Senate Bill 1047, which would have enacted the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act (the “Act”) to create a comprehensive regulatory framework for the development of artificial intelligence models. The veto embodies the dilemma that has emerged around the regulation of AI applications: how can laws prevent harms in the use and development of AI, while promoting innovation and harnessing the power…
“Neural data” is the newest addition to the ever expanding California Consumer Privacy Act (CCPA). Signed into law on September 28, 2024, SB 1223 amends the CCPA to add “personal information that reveals neural data” to the categories of personal information that constitute sensitive personal information. It further amends the CCPA to define “neural data” as “information that is generated by measuring the activity of a consumer’s central or peripheral nervous system, and that is…
In brief On September 17, 2024, California Governor Newsom signed a pair of bills into law that seek to address the use of AI-generated digital replicas of performers in the state’s world-leading entertainment industry. These new laws will enhance protections for performers’ rights in digital reproductions of their likenesses and may require organizations that create, use, or contract for digital replicas to implement new measures to ensure compliance with the new legislation. Discussion The first…
Background On September 5, 2024, the Council of Europe’s 46 member states, along with eleven non-members (Argentina, Australia, Canada, Costa Rica, the Holy See, Israel, Japan, Mexico, Peru, the US and Uruguay), signed the Council of Europe’s Framework Convention on Artificial Intelligence, the first legally binding international treaty to address AI technologies (the “Convention”). The Convention aims to ensure that AI is consistent with core principles like human rights, democracy and the rule of law,…
In brief On July 31, the United States Copyright Office published the first in a planned series of reports on the intersection of intellectual property with new AI technologies. This initial report, entitled “Copyright and Artificial Intelligence: Digital Replicas”, focuses on potential legal issues arising from the emergence of digital replica technologies that falsely depict an individual or individuals, which are commonly known as “deepfakes”. The report incorporates comments from the public in response to…
Baker McKenzie’s North America Privacy Team is excited to present Privacy Bingo: US State Law Edition – offering an interactive way to help you navigate the complexity of the data privacy landscape across the US. With numerous states to date that have now passed comprehensive privacy laws, we developed a set of bingo cards – one per state – that allows you to compare certain features of each state law in a compact format. Each…
In June 2024, New York enacted two laws that will impose extensive new requirements on companies operating in the state to enhance online protections for children. The first is the New York Child Data Protection Act (“NYCDPA”), which imposes data minimization, consent and data processor agreement obligations on online services operators that actually know they collect minors’ personal information or target their services at minors. The second is the Stop Addictive Feeds Exploitation (SAFE) for…
This article was first published in Corporate Counsel Magazine. A New Era of Influence: A Swift Take on Branding, Computer-Generated Influencers and Deepfakes | Corporate Counsel (law.com) A-list celebrities like Taylor Swift are not the only ones leveraging their influence to promote and sell products and services. Streamers, vloggers, and other creatives are using their platforms to influence today’s consumer trends. However, a steep rise in the use of GenAI and computer-generated influencers brings with…