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After a year of turmoil, a restoration of certainty is now within reach. COVID-19 vaccines are rolling out worldwide, bringing the end of the pandemic in sight. As the economy and business operations begin to stabilize in the new year, organizations will take stock of lessons learned and new risks that need to be addressed. In-house legal and information governance teams are likely to be at the forefront of these efforts, with a keen focus on the data privacy, security and compliance gaps that were exposed during the pandemic.
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By Jonathan Moskin and Rachel Pauley
The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology.
By Stéphanie Faber and Charles Helleputte
Since April 2023, French regulation makes the payment of insurance compensation in case of cyberattacks conditional on the filing of a complaint within a reduced time frame. This regulation has been enacted in the context of the French government decision to fight against the resurgence of cyberattacks, together with ransom demands, which have a significant impact on the economy.
By Ed Lanquist, Jr. and Dominic Rota
At what point does a “smart” computing system, or advanced software program, qualify as AI in the eyes of pertinent regulatory or judicial authorities? When is an individual considered to have merely deployed an AI-based computing tool to assist with creating a work of art or conceiving of a technological innovation? Each of these questions is explored in this article, giving consideration to currently prevailing guidelines from administrative bodies and the courts.
By Peter Collins
In the hands of a motivated insider with only average technical proficiency, AI becomes a uniquely effective tool with which to penetrate an organization’s complete security infrastructure for any number of malicious purposes.