• AI and Copyright

    I have been following the strange intersection of AI and copyright and find that the intersection strains the current intellectual property regime nearer to the breaking point. Recently an article in IEEE Spectrum illustrated a collision of two problems, algorithmically combined to create a third, much more dire problem. The catastrophic problem is that AI…

  • Content Control vs. Moderation

    February 20, 2024 Update: A well known legal blog I have followed for years posted on this very issue. Content moderation has become major issue with everyone who has anything resembling an online presence. I don’t want to have to do it myself, so I don’t enable comments. It doesn’t matter where you fall in…

  • Losing the Protection of the Corporation

    It has become super easy to form a corporation. I can do it in about 15 minutes. As such, many, many corporations are being formed, especially amongst the technically literate. They are so common, most people treat an LLC or Corporation as an extension of themselves – an alter ego. Many people don’t realize they…

  • Privacy Policies in the Age of AI

    I have been thinking quite a lot about privacy notifications and how they would be far more useful to the user, or data subject, now that AI is really a thing. I believe that many would consent to use of their data if it wasn’t going to come out in strange and unusual ways. Some…

  • Notifying Users of AI Data

    …or don’t do what Zoom did. Zoom has tried to do the right thing with regards to full, clear notification of users of what they were doing with data. Unfortunately, what wound up happening is the notification was sufficiently vague that they caused a panic. Any user data could be used in any way to…

  • Ahead of My Time With Cookies

    When setting up my website, I went out of my way to avoid doing anything that would either require me to collect data from you or place cookies on your computer. Hopefully this is not only self-evident but appreciated by the casual visitor. Today I got a marketing email informing me “It’s Time to Say…

  • The FTC Investigation Into OpenAI

    News outlets announced today that the FTC has chosen to investigate OpenAI for engaging in “unfair or deceptive privacy or data security practices” or “unfair or deceptive practices relating to risk of harm to consumers”. As reported, this sounds very much like FTC’s other pursuits against various companies, but it is simply not that. Poor…

  • The fastest way for your small business to get your due

    I talk to potential clients all the time who are justly and properly due money but we decide together that it would be a bad idea for me to represent them. I feel genuinely bad for these people when they have totally valid claims and there is no question they really were wronged. But this…

  • Just Settle Down Over Silicon Valley Bank

    Yes, there was an important bank in the area that collapsed. If you’re an investor, you’re probably out a lot if not all of the money you invested, it’s true. However, if you were a depositor, you just need to take a deep breath and step back for a minute. Although it has been 2…

  • Data Collection: Less is More

    I have developed a bit of a reputation for being a strong privacy advocate, so it should not come as a surprise that I favor minimum data collection. Here’s why you should too. Data for monetezation Many silicon valley startups have started with the approach for “collect user data now, figure out what to do…