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.
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.
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.
The practice of seeking a "keyword warrant" is a technique of dragnet policing. A keyword warrant requires the production of all IP addresses for anyone who inputs a particular word or phrase into an internet search engine. The search results are then used to identify a device user.
The Federal Trade Commission in January provided more details on its proposed changes to the Children's Online Privacy Protection Rule, underscoring the need for online operators to review and prepare to update their policies and procedures.
The U.S. Court of Appeals for the Third Circuit has been asked to decide whether TikTok's "highly personalized" algorithm that feeds videos to users is considered first-party speech not immune from civil liability by Section 230 of the federal Communications Decency Act.
A recent New York federal court decision in a dispute between a broker that sublicenses program content and a broadcaster that sublicensed content from the broker considered the interaction of contract language and extra-contractual elements of the parties' relationship to determine whether a fiduciary relationship existed.
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.
Each decision involves reversal of a prior art rejection and contrasts with the other decisions on subject matter eligibility, revealing different PTAB approaches and results that can inform prosecution and appeal strategies.
The future of antibody claiming in the United States is uncertain following the U.S. Supreme Court's May 2023 ruling in Amgen Inc. v. Sanofi, a highly anticipated decision concerning enablement and whether the traditional way to claim antibodies — claiming antibodies by their function — will survive as a valid claiming strategy.
