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Among the ways social media platforms have tried to distinguish notable account holders such as celebrities, public figures, and brand names from impostors and inspire trust on their platforms, the blue checkmark appears to be most popular. Social media platforms have traditionally recognized such accounts by adding the blue checkmark next to the handles once the platforms have verified the authenticity of the accounts. However, the recent flurry of online impersonators, ranging from accounts posing as President Joe Biden to the pharmaceutical company Eli Lilly, exposes the challenges of social media platforms’ verification and authentication processes. Indeed, Twitter recently altered course with the “Twitter Blue” program, which is an “opt-in, paid monthly subscription that adds a blue checkmark to [an] account ….” Soon thereafter were reports of an increase in impersonation on the platform, with accounts purportedly owned by companies and public figures posting misleading or false content. These recent events show that monitoring and policing trademark infringements and right of publicity violations can be increasingly difficult in the social media context.
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New U.S.-China Investment Dynamic Focuses On AI and Sensitive Technologies
By David A. Holley
An Executive Order released by the Biden Administration on Aug. 9 places increased importance on due diligence when investing in specific foreign countries. The Executive Order will regulate outbound investments in China with a focus on key technologies critical to safeguarding U.S. national security, including artificial intelligence.
New York’s Latest Cybersecurity Commitment
By Erik B. Weinick
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York’s inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Data Breach Defense: Mobilizing Against Weaponized Mass Arbitration
By Daniella Main and Brooke Bolender
Most companies have experienced or will experience a data breach. Increasingly, companies also face the risks associated with mass arbitration weaponized by the overwhelming volume of claims after a breach.
By Wim Nauwelaerts
Businesses and organizations that (regularly) transfer personal data from the EU to the U.S. should carefully assess, on a case-by-case basis, whether it makes sense to rely on the new EU-U.S. Data Privacy Framework or to use one of the other data transfer tools that are available under the GDPR.
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