Meta Platforms’ workaround to European privacy laws regarding ad-targeting has run afoul of watchdog agencies, resulting in two complaints filed with the EU’s network of consumer protection authorities against the U.S. tech giant. Meta contends its so-called “pay-or-consent model” — requiring users of its social platforms to choose between agreeing to be tracked for ad-targeting purposes or pay a monthly subscription fee for ad-free service — falls within permissible parameters set by EU authorities. The more than 20 groups that have jointly filed suit say the strategy is illegal under EU law, describing it as “unfair, deceptive and aggressive.” Continue reading Meta’s EU Social Media Subscription Plan Draws Complaints

Ireland’s Data Protection Commission (DPC) announced a TikTok fine of about $368 million today based on how the popular social platform processes data of younger users. DPC announced in 2021 that it was investigating TikTok’s compliance with the European Union’s General Data Protection Regulation (GDPR) privacy and security laws. The investigation identified specific problems with TikTok’s default account settings, the Family Pairing settings, and its age verification process (although the age verification model did not violate GDPR, the probe found that TikTok did not sufficiently protect the privacy of children under 13 who were able to create an account). Continue reading Ireland Fines TikTok $368 Million for Mishandling of User Data

After raising $30 million from investors and generating $5.4 million selling NFTs on marketplace OpenSea, Los Angeles-based entertainment firm Impact Theory LLC has agreed to pay the Securities and Exchange Commission a $6 million settlement in what has been reported as the SEC’s first NFT enforcement action. Impact Theory was accused of selling “unregistered asset securities in the form of purported non-fungible tokens.” Purported, because the SEC claims the NFTs “sold to investors were investment contracts and therefore securities” and as such, are required by law to be registered. Continue reading SEC Treats NFTs as Unregistered Securities, Fines Company

Illinois has become the first state in the nation to pass legislation protecting children who are social media influencers. Beginning in July 2024, children under 16 who appear in monetized video content online will have a legal right to compensation for their work, even if that means litigating against their parents. “The rise of social media has given children new opportunities to earn a profit,” Illinois Senator David Koehler said about the bill he sponsored. “Many parents have taken this opportunity to pocket the money, while making their children continue to work in these digital environments. Continue reading Illinois Law Protecting Child Vloggers Will Take Effect in 2024

The European Union has agreed to a data sharing agreement with the United States, bringing to a close a years-long negotiation that saw U.S. national security concerns bump up against European privacy rights. The new EU-U.S. Data Privacy Framework — which replaces a previous iteration, the Privacy Shield, invalidated by EU courts in 2020 — was a focus of Big Tech. Under the new agreement, Europeans can lodge formal objections when they feel their personal information has been improperly accessed by American intelligence agencies, with an independent judicial review body, the Data Protection Review Court, established to evaluate such claims. Continue reading U.S. and EU Formally Adopt Long-Awaited Data Sharing Deal

The world was a much smaller place in 1946 when Congress passed the Lanham Act, the legal framework for U.S. trademark protection. Last week, the Supreme Court decided the Lanham Act is applicable almost exclusively to infringement on U.S. soil. Companies that expect to rely on Lanham to protect foreign trademark violations through U.S. lawsuits are well-advised to come up with another plan. Until Congress updates the code. Led by Sonia Sotomayor, four justices said it was appropriate to adopt a broader standard “when there is a likelihood of consumer confusion in the United States.” Continue reading SCOTUS Limits Enforcement of Foreign Trademark Violations

The Parliament of Canada passed a law requiring technology companies to pay news outlets when linking to their articles, a move that has Meta Platforms threatening to pull news content from Facebook and Instagram in that country. Canada’s Online News Act, which applies to domestic outlets, is the latest move in a global battle between publishers and Big Tech, and follows a similar law in Australia. “A strong, independent and free press is fundamental to our democracy,” a member of Prime Minister Justin Trudeau’s administration tweeted when the law cleared the vote last week. Continue reading Canadian Law Requires That Tech Firms Pay for News Links

The European Parliament on Wednesday took a major step to legislate artificial intelligence, passing a draft of the AI Act, which puts restrictions on many of what are believed to be the technology’s riskiest uses. The EU has been leading the world in advancing AI regulation, and observers are already citing this developing law as a model framework for global policymakers eager to place guardrails on this rapidly advancing technology. Among the Act’s key tenets: it will dramatically curtail use of facial recognition software and require AI firms such as OpenAI to disclose more about their training data. Continue reading European Union Takes Steps to Regulate Artificial Intelligence

A bill passed by the Louisiana State Legislature that bans minors from creating social media accounts without parental consent is the latest in a string of legal measures that take aim at the online world to combat a perceived mental health crisis among America’s youth. Utah also recently passed a law requiring consent of a parent or guardian when anyone under 18 wants to create a social account. And California now mandates some sites default to the highest privacy for minor accounts. The Louisiana legislation stands out as extremely restrictive, encompassing multiplayer games and video-sharing apps. Continue reading Louisiana Approves Parental Consent Bill for Online Accounts

Meta Platforms has been hit with a record $1.3 billion fine for violating European Union rules that prohibit transferring the data of EU citizens to other countries. Ireland’s Data Protection Commission, the agency of record in the region in which Meta was sued, said that the tech giant continues to operate outside of compliance with the EU’s General Data Protection Regulation (GDPR) after a 2020 ruling by the bloc’s highest court found that Facebook user data was being shipped to America without adequate protection from U.S. spy agencies. Continue reading Meta Is Fined $1.3 Billion for Facebook’s EU Privacy Violation

The European Union, which has been working on artificial intelligence legislation for the past two years, is playing last minute catch-up with rapidly evolving technology as it retools a final draft law that can be adopted, possibly by the end of the year. While the European Council in December thought it had completed its framework in all but the details, that version largely deferred attaching specific rules to generative AI, which having since exploded, has triggered a movement among member states to add those guardrails along with rules for general purpose AI. Continue reading EU Considers Technology Updates for Next Draft of the AI Act

The Human Artistry Campaign launched at South by Southwest (SXSW) last week with a goal “to ensure artificial intelligence technologies are developed and used in ways that support human culture and artistry — and not ways that replace or erode it.” With support from over 40 industry organizations — including the Recording Academy, SAG-AFTRA and the Recording Industry Association of America (RIAA) — the coalition outlined principles advocating AI best practices, emphasizing “respect for artists, their work, and their personas; transparency; and adherence to existing law including copyright and intellectual property.” Continue reading Music Industry and Copyright Office Advance Positions on AI

The Biden administration has issued rules requiring key U.S. companies to meet minimum cybersecurity standards. The new National Cybersecurity Strategy (NCS) calls on software makers and American industry to be more active in the fight to repel hackers and ransomware groups even as the FBI accelerates global efforts to disrupt bad actors. Although the strategy is a policy document rather than an executive order, it represents a major policy shift, escalating participation by both the public and private sectors, while anticipating legislative changes required to give teeth to the plan. Continue reading Biden Advocates Tougher Cybersecurity for Private Enterprise

TikTok is taking a proactive stance to quash U.S. government concerns that user data might be collected and exploited by China, where the viral video platform’s parent, ByteDance, is based. TikTok CEO Shou Zi Chew made the rounds in Washington last week, sharing with think tanks and public interest groups his plan to prevent data on Americans from being transmitted out of the country. The strategy marks a shift for TikTok, which kept a low profile during attacks by the Trump administration and continuing pressure under President Biden. Chew is now scheduled to testify before the House Energy and Commerce Committee about security and privacy. Continue reading TikTok On the Offense in Battle to Protect Its U.S. Operations

As “right to repair” laws gain traction in states including New York, which passed legislation last year, tech firms are girding to battle back against consumer rights to buy parts and access information about how to implement DIY fixes. Forced obsolescence being part of virtually every hardware manufacturer’s business plan, the rapid pace of device disposal and replacement has proven taxing on the environment, as well as costly for consumers. Some companies are said to design software that performs inadequately with replacement parts, or update software to intentionally degrade product performance with age. Continue reading Tech Firms Push Back as ‘Right to Repair’ Gains Momentum