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Social media has played an oversized role in lawsuits under state and local biometric privacy laws, including especially the Illinois Biometric Information Privacy Act (BIPA). See, e.g., Thornley v. Clearview AI, 984 F.3d 1241 (7th Cir. 2021) (plaintiffs alleged that defendant used a proprietary algorithm to “scrape” pictures from social media sites such as Facebook, Twitter, Instagram, LinkedIn, and Venmo); K.F.C. v. Snap, No. 3:21-cv-9-DWD (S.D. Ill. June 10, 2021) (plaintiff alleged that two Snapchat features, “Lenses” and “Filters,” use scans of facial geometry and violated her rights under BIPA); Vance v. Amazon.com, No. C20-1084JLR (W.D. Wash. March 15, 2021) (plaintiffs alleged that Flickr, through its parent company Yahoo!, compiled hundreds of millions of photographs posted on its platform into a dataset that it then made publicly available to “help improve the accuracy and reliability of facial recognition technology”). Of course, in addition to the litigation expenses and executive time required to defend these suits, settlements can be quite costly. See, e.g., In re Facebook Biometric Info. Privacy Litig., No. 15-cv-03747-JD (N.D. Cal. Feb. 26, 2021) (approving $650 million Facebook biometric information privacy settlement).
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Privacy Risk Management & Data Minimization
By Therese Craparo and Sarah Bruno
Many organizations — from growing start-ups to mature, well-established companies — are struggling with the new reality of what it means to manage data in an era of digital transformation, exponential data growth, and expanding regulatory regimes focusing on data management and minimization.
Digital Dibs: Rival Views of Generative AI Copyrights
By Greg Moreman
GAI platforms like ChatGPT and OpenAI often require very little human input, shattering this legal landscape’s framework by posing a simple question: Who authored the material? We’ll explore how two countries are answering this question in different ways.
Empowering Legal Professionals: Navigating AI Solutions for Efficiency and Data Security
By Michael T. Murray and Tony Donofrio
Integrating AI tools into legal practice without compromising the security of sensitive client information is a paramount concern. In this article, we’ll examine how AI is revolutionizing certain aspects of legal work, while offering best practices for employing these technologies and providing guidance for legal professionals in selecting the right AI products and service providers.
Pitfalls In Personal Device Data Collection
By Marjorie Peerce and Marguerite O’Brien
The increasing frequency of “bring your own device” policies creates serious implications for subpoena recipients and litigants to ensure compliance with discovery demands. And courts across the country consider such personal mobile data fair game. To avoid pitfalls —and sanctions — counsel must take proactive steps to ensure proper preservation and collection of personal mobile data and verify that clients comply.
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