Socially Aware

April 26, 2023 - Artificial Intelligence, Data Security
Key Issues in Generative AI Transactions
By: Aaron P. Rubin and Heather M. Whitney
Over the past year, we have seen a dramatic increase in the adoption of AI technologies across industries. Because transactions involving AI technologies can resemble those involving traditional software, like SaaS agreements, parties often assume that their expectations from those standard agreements about what
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April 03, 2023 - Section 230 Safe Harbor, Privacy, Marketing, Online Promotions
Social Links: Section 230 Under Scrutiny (Again) From Lawmakers
By: Aaron P. Rubin, Julie O'Neill, Anthony M. Ramirez and Heather M. Whitney
Section 23o, the “ 26 words that changed the Internet ,” is once again under scrutiny from lawmakers. At the federal level, Republicans and Democrats on the Senate Judiciary panel’s subcommittee on privacy, technology, and the law found common ground in their calls to
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March 03, 2023 - Artificial Intelligence, Copyright
Copyright Office Denies Claim to Copyright in Generative AI Images
By: Joseph C. Gratz and Heather M. Whitney
The U.S. Copyright Office has denied an attempt to register copyright in images created using the Midjourney generative AI tool. The reasoning of its decision sharply limits the potential paths to receiving copyright in images created using generative AI tools, even where that output
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February 27, 2023 - IP, Section 230 Safe Harbor
Court Holds That Section 230’s Carve Out for “intellectual Property” Does Not Apply to Publicity Rights Claim in New York
By: Aaron P. Rubin, J. Alexander Lawrence and Charles Y. Tso
Section 230 of the Communications and Decency Act provides broad immunity to online platforms for claims arising from hosting third-party content (though just how broad is a hot issue that the Supreme Court may decide this term in Gonzalez v. Google LLC ). But
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February 15, 2023 - Data Security, Privacy
Fourth Circuit Addresses Whether the CDA Bars Fair Credit Reporting Act Claims Against Online Background Report Site
By: J. Alexander Lawrence, Aaron P. Rubin, Michael Burshteyn and Dillon Kraus
Websites offering online background reports have proliferated on the Internet. Consumers asserting claims against such sites under the Fair Credit Reporting Act (FCRA) have faced hurdles under Section 230(c)(1) of the Communications Decency Act (CDA). Operators of the sites argue that they are online service providers
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February 15, 2023 - Copyright, Artificial Intelligence
Are Outputs of Ai Models Copyrightable?
By: Heather M. Whitney, Evangeline Phang, Tessa J. Schwartz and Aaron P. Rubin
Heather Whitney, Evangeline Phang, Tessa Schwartz, and Aaron Rubin authored an article for Law360 covering whether the outputs of generative artificial intelligence tools are copyrightable. Read the full article.
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November 21, 2022 - Section 230 Safe Harbor, Supreme Court
Ninth Circuit Interprets FOSTA Restriction on Section 230 Narrowly
On October 24, 2022, the Ninth Circuit ruled that Section 230 of the Communications Decency Act shielded Reddit Inc. from liability under the Trafficking Victims Protection Reauthorization Act (TVPA). The court considered the text of a 2018 amendment to Section 230, known as the
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November 21, 2022 - Section 230 Safe Harbor, Supreme Court
Supreme Court to Address Section 230 for First Time
By: Aaron P. Rubin, J. Alexander Lawrence and Dillon Kraus
On October 3, 2022, the United States Supreme Court granted certiorari in Gonzalez v. Google LLC , No.1-1333 , to address the scope of Section 230 of the Communications Decency Act. The Court will consider whether Section 230(c)(1) immunizes website operators and other online
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May 17, 2022 - Social Media Policy
Coalition of State Attorneys General Investigate Tiktok’s Potential Harm to Children and Teens
By: Aaron P. Rubin, Julie O'Neill and Anthony M. Ramirez
In early March 2022, a coalition of state attorneys general launched an investigation of TikTok to determine whether the social media platform, which is popular among young Americans, causes long-term harm to them. Initiated in the Massachusetts attorney general’s office and led by Massachusetts
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April 04, 2022 - Advertising, Digital Content, E-Commerce, Privacy, Social Media Policy
Social Links: Behavioral targeting under scrutiny from lawmakers
By: Aaron P. Rubin, Julie O'Neill and Anthony M. Ramirez
Lawmakers on Capitol Hill continue to take aim at social media platforms that collect and use personal information that build algorithms to target individuals across a variety of dimensions when users engage with those platforms, most prominently in the form of advertising and other
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Tweets by MoFoLLP

Key Issues in Generative AI Transactions

By: Aaron P. Rubin and Heather M. Whitney

Social Links: Section 230 Under Scrutiny (Again) From Lawmakers

By: Aaron P. Rubin, Julie O'Neill, Anthony M. Ramirez and Heather M. Whitney

Copyright Office Denies Claim to Copyright in Generative AI Images

By: Joseph C. Gratz and Heather M. Whitney

Court Holds That Section 230’s Carve Out for “intellectual Property” Does Not Apply to Publicity Rights Claim in New York

By: Aaron P. Rubin, J. Alexander Lawrence and Charles Y. Tso

Fourth Circuit Addresses Whether the CDA Bars Fair Credit Reporting Act Claims Against Online Background Report Site

By: J. Alexander Lawrence, Aaron P. Rubin, Michael Burshteyn and Dillon Kraus

Are Outputs of Ai Models Copyrightable?

By: Heather M. Whitney, Evangeline Phang, Tessa J. Schwartz and Aaron P. Rubin

Ninth Circuit Interprets FOSTA Restriction on Section 230 Narrowly

Supreme Court to Address Section 230 for First Time

By: Aaron P. Rubin, J. Alexander Lawrence and Dillon Kraus

Coalition of State Attorneys General Investigate Tiktok’s Potential Harm to Children and Teens

By: Aaron P. Rubin, Julie O'Neill and Anthony M. Ramirez

Social Links: Behavioral targeting under scrutiny from lawmakers

By: Aaron P. Rubin, Julie O'Neill and Anthony M. Ramirez