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In May 2024, we released Part I of this series, in which we discussed agentic AI as an emerging technology enabling a new generation of AI-based hardware devices and software tools that can take actions on behalf of users. It turned out we were early – very early – to the discussion, with several months…
UPDATE (April 17, 2025): The below reflects a development occurring after our publication of the original post.
On April 11, 2025, the National Security Division (the “NSD”) released several documents setting out initial guidance on how to comply with the Rule, which the NSD refers to as the Data Security Program (the “DSP”). [Such documents…
With the second Trump Administration set to take power in January 2025, one can expect a pendulum swing in many aspects of technology policy. For example, while it is expected that President Trump will will continue efforts by the Biden Administration to limit China’s access to advanced semiconductor technology, the SEC is expected to be…
After a yearslong lead-up, the Consumer Financial Protection Bureau (CFPB) published its final “open banking” rule in October. The rule effectuates the section of the Consumer Financial Protection Act, which charged the CFPB with establishing standards and…
After several weeks of handwringing about the fate of SB 1047 – the controversial AI safety bill that would have required developers of powerful AI models and entities providing the computing resources to train such models to put appropriate safeguards and policies into place to prevent critical harms – California Governor Gavin Newsom announced that…
On September 17, 2024, Governor Gavin Newsom signed AB 2602 into California law (to be codified at Cal. Lab. Code §927). The law addresses the use of “digital replicas” of performers. As defined in the law, a digital replica is:
a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual…
In an ongoing dispute commenced in 2016, the Eleventh Circuit for the second time in the lifetime of the litigation considered trade secret misappropriation and related copyright claims in a scraping case between direct competitors.
The case involved plaintiff Compulife Software, Inc. (“Plaintiff” or “Compulife”) – in the business of generating life insurance quotes on…
On May 28, 2024, Colorado Governor Jared Polis signed into law the “Consumer Right to Repair Digital Electronic Equipment” bill (HB24-1121). The legislation expands the state’s 2023 right to repair law, which currently applies to agricultural equipment and powered wheelchairs. Generally, the law will broaden the ability of consumers to repair their own…
Section 230 of the Communications Decency Act (the “CDA” or “Section 230”), known prolifically as “the 26 words that created the internet,” remains the subject of ongoing controversy. As extensively reported on this blog, the world of social media, user-generated content, and e-commerce has been consistently bolstered by Section 230 protections.…
