Jay DeGooyer

Colorado leads the way in protecting neural data privacy with new legislation signed by Gov. Jared Polis. The bill expands the Colorado Privacy Act and sets a precedent for other states. Read more from Constangy Cyber Team member Amanda Novak in the link below. #coloradoprivacyact #cpa #dataprivacy #cybersecurity

2

Excited to speak as a panelist at CenterForce USA's conference on "Developing a Comprehensive Corporate AI Policy: Legal, Ethical, and Compliance Considerations." This Thursday, May 30 in Chicago, I'll be joining experts 👉 Michael Booden, JD, CIPP/US, CIPP/E, of HUB International 👉 Donna Haddad of IBM 👉 Julie Honor of Thompson Hine LLP and 👉 David Oberst of The Boler Company® for an insightful discussion of best practices for developing a sound corporate #AIPolicy! #AI #AIPolicy #LegalTech #Compliance #dataprotection #datasecurity #cybersecurity #riskmanagement

7

Comments from Perplexity AI’s CEO, noting that robots.txt is not a legal framework, and that Perplexity also relies on 3rd party crawlers for data access, will come as no surprise for publishers dealing with industrialised IP theft in the age of AI. https://lnkd.in/ehZi4wNT Robots.txt has at least 3 clear problems: It's voluntary - so no sanction for developers who ignore and scrape anyway. Essentially a parish notice asking billion dollar businesses not to nick the thing that's central to building and grounding their payday LLMs. No wonder many companies are ignoring requests.  The next government should mandate rules with significant penalties attached for crawlers who don’t comply with instructions from website owners. No transparency of crawlers - with no duty on web crawlers to identify themselves they can scrape and index IP anon.  So even with a web application firewall in place to block scrapers, as an IP owner you don't know who's scraping what or why tilll they dain to tell you.  We need a transparent register of first and third party crawlers used or utilised by any AI developer that wants to trade with UK businesses and consumers. Laundering of IP for commercial uses - Various copyright regimes around the world have well-meaning but flawed exceptions for text and data mining for non-commercial purposes.  These exceptions have created loopholes whereby academic institutions and non-profits scrape commercial IP for “non-commercial purposes”, only for these datasets to be repurposed by billion dollar businesses for commercial purposes, without a commercial licence.  The next government should narrow these exceptions, and put in place sanctions where non-commercial users of IP allow that data to be used for commercial purposes. There's lots of joined up thinking going on between different regulators on AI's impact on the UK economy and wider society.  The DRCF AI and digital hub is a good example of this collaboration in action.    But plans such as Peter Kyle + the The Labour Party's to create a Regulatory Innovation Office must also recognise the pivotal role of copyright in training and ground LLMs, and make sure that the Intellectual Property Office has a seat at that table.  There is no doubt that the IP created by companies within the UK’s world class knowledge economy is already being used to underpin AI technologies, at present largely without permission or reward.  Before technology companies get the chance to batter down the doors in Whitehall to integrate their AI into every aspect of the economy and the civil service, the next government needs to put in place a clear and transparent framework that supports a sustainable value exchange between the creators and commercial users of that high quality knowledge and information.

24

1 Comment

🚨Read our Goodwin alert on the USPTO’s recently issued guidance on AI-assisted inventions. #tldr - such inventions are not categorically unpatentable, but there must be “significant contributions” from a human-in-the-loop (more detail in the writeup). #goodwinlaw #lifesciences #patent #artificialintelligence #GenAI #USPTO #guidance

14

Available now: View our discussion on how #healthcare #AItesting can address accuracy, bias, and discrimination in healthcare #AI systems. Featuring speakers Micky Tripathi, Troy Tazbaz, Suresh Balu, Mark Sendak, Danny Tobey, and Sam Tyner-Monroe. #artificialintelligence

4

Great article on bridging #Ai with #igaming by Adam Davis.

9

Excellent discussion by Roy Wepner, Esq. explaining why a majority of Federal Circuit judges in a recent #patent case (Dragon IP vs. DISH Network) erred by imposing a bright-line rule barring recovery of attorneys' fees for expenditures made in IPR (inter partes review) proceedings within the USPTO. This bright-line rule reads as follows: "In cases where a party voluntarily elects to pursue an invalidity challenge through IPR proceedings, we see no basis for awarding IPR fees under [35 U.S.C.] § 285." Mr. Wepner provides insightful analysis as to why the majority's decision in the Dragon IP case creates a precedential conflict with a 1988 Federal Circuit decision. Additionally, a dissenting DISTRICT COURT judge, sitting by designation on the Dragon IP panel, got it absolutely right in explaining why "[t]o categorically preclude recovery of IPR fees in this circumstance is inconsistent with § 285 or the intent of IPR itself."

2

The Massachusetts Attorney General released guidance on AI developers, suppliers, and users' obligations under Massachusetts consumer protection, anti-discrimination, and data security laws. Nothing earth-shattering in the advisory notice and another example of how existing laws are being used to regulate AI. The advisory presents the below non-exhaustive list of acts and practices that may be considered to be unfair and deceptive under the Massachusetts Consumer Protection Act: - Falsely advertising the quality, value, or usability of AI systems - Supplying an AI system that is defective, unusable, or impractical for the purpose advertised - Misrepresenting the reliability, manner of performance, safety, or condition of an AI system - Offering for sale or use an AI system in breach of warranty, in that the system is not fit for the ordinary purposes for which such systems are used, or that is unfit for the specific purpose for which it is sold where the supplier knows of such purpose - Misrepresenting audio or video content of a person for the purpose of deceiving another to engage in a business transaction or supply personal information as if to a trusted business partner as in the case of deepfakes, voice cloning, or chatbots used to engage in fraud  - Failing to comply with Massachusetts statutes, rules, regulations or laws, meant for the protection of the public’s health, safety or welfare 

27

Having once sat on a pedestal, big tech finds itself grappling with a maze of state and global privacy and data security regulations. Now, some major tech companies are asking Congress to force privacy standards. With the unveiling of a new bipartisan, comprehensive data privacy framework, the American Privacy Rights Act (APRA), the question arises: will this be the year Congress finally acts on privacy legislation?

1

In a recent legal development, a California District Court has taken a significant stand in the ongoing debate over pixels and the privacy implications of tracking technologies, this time involving the County of Santa Clara. The case (Case 3:23-cv-04411-WHO) addresses allegations that the county’s medical center websites and patient portal improperly forwarded sensitive patient information to third parties like Meta and Google via tracking pixels, without clear patient consent or adequate disclosure. For advertising and marketing professionals, this serves as a critical reminder of the legal and ethical boundaries surrounding the use of tracking pixels and cookies, especially when dealing with Protected Health Information (PHI) or Personally Identifiable Information (PII). #DataPrivacy #DigitalMarketing #LegalUpdate #UserConsent #PrivacyLaw https://lnkd.in/gQKrzBzj

11

Every week, we hear a question from a customer along the lines of "Are GenAI models polluting my code?" I'm thrilled to announce that I'll be speaking on a panel at IP Counsel Café on this intersection of generative AI and open source risk! During this luncheon and discussion, we'll be answering questions such as: - How are people using and deploying AI / AI strategies? - How do you manage and reduce 3rd party risk from open source and code-gen models? - What are the big open questions relevant to 3rd party risk today?  - How is your IP and open source strategy changing today and what are the best practices? - What are people doing about Regulation and SBOMs? Join me and my co-panelists Peter Jovanovic, Helen Li, John Tsai, Nidhi N., Jonathan Torres, Andy Song and Seong Pae to explore these crucial topics and uncover actionable insights to navigate the evolving landscape of open source risk and #GenAI.

54

5 Comments

Unlock the complexities of IP development cost recovery in this Dollars & Sense blog post by my colleague Brian Clark.

2

Unlock the complexities of IP development cost recovery in this Dollars & Sense blog post by my colleague Brian Clark.

4

BIG NEWS on the #MinnesotaBar's Working Group on #AI (#LLMs) — that I Chair: - The #MSBA has approved our 39-page Report - Our Report recommends the following: - STANDING COMMITTEE: Iterative, agile policy for members + policymakers - SANDBOX FOR ACCESS TO JUSTICE (#A2J): Controlled environment for #LegalAid's #LLM exploration (without fear of #UPL) - SEEK ADVISORY OPINION LETTER: Sandbox use is not UPL - EDUCATIONAL SESSIONS: How #LLM use improves members' #SubstantiveLaw + #BusinessofLaw In short, these are exciting times, and #Minnesota is helping lead the way by encouraging responsible LLM use to help the 92% of legal needs that are unmet. 🚀 LINK TO REPORT in the Comments... How can the Standing Committee improve on the Report? Please provide suggestions in the Comments.

134

22 Comments

“Under the hood, these new legal #AI tools use retrieval-augmented generation (#RAG) to produce their results, a method that many tout as a potential solution to the #Hallucination #Problem. In theory, RAG allows a system to first retrieve the relevant source material and then use it to generate the correct response. In practice, however, we show that even RAG systems are not hallucination-free.” https://lnkd.in/eZMVcQ46

1