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As students of the privacy and cybersecurity space will note, New York has long been at the forefront of privacy and cybersecurity at the state level. For instance, seven years ago, the state’s Department of Financial Services enacted the Cybersecurity Requirements for Financial Services Companies, which became effective the following year. Among other things, those regulations required financial service firms to evaluate their risk profiles, establish programs to mitigate those risks, and to make cybersecurity a “board room level” priority. Now, just about on the anniversary of that announcement, on Aug. 9, 2023, Governor 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.
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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.