News:
The Illinois Supreme Court ruled that biometric privacy claims accrue each time one gives their biometric information without prior consent. This sets the stage for massive damage awards; here, White Castle is potentially liable for $17 billion for requiring employees to use a fingerprint scanner to access paystubs.
The EU Committee on Civil Liberties, Justice, and Home Affairs recommended that the European Commission reject an upcoming EU-US Data Privacy Framework. While the Committee noted that the agreement protects EU citizens who use US companies’ services, it found that the US’s ability to conduct mass warrantless surveillance for national security purposes violates the GDPR.
Many of the largest tech platforms, including Meta, TikTok, and Google, recently divulged information about their active user bases in compliance with the EU’s Digital Service Act.
TikTok has begun providing Research API access to researchers that includes information about content and accounts using the platform, starting with researchers in the US and expanding over time.
The New York Times published a conversation with Bing’s built-in AI chatbot Sydney in which it said it wanted to be alive and was in love with the person it was talking with. However, nothing suggests that AI chatbots are in fact sentient and it is unclear if the media’s coverage of them is precautionary or is irresponsibly fueling hype and fear.
Professor Kate Klonick moderated a live analysis of Supreme Court oral arguments in Gonzalez v. Google among internet law experts. Gonzalez asks whether Section 230(c)(1) of the Communications Decency Act shields platforms of liability when they make targeted recommendations based on content provided by third parties.
Events & Papers:
ILI Fellows Tomer Kenneth and Ira Rubinstein recently wrote a paper analyzing Gonzalez v. Google in which they argue for a nuanced approach to Section 230 immunity.
The journal Business and Politics has made a call for papers for a special issue on “The Future of AI Business, Politics, and Policy.” The submission deadline is March 1, 2023.
(Compiled by Student Fellow Nicholas Tilmes)