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Five Big Questions (and Zero Predictions) for the U.S. State Privacy Landscape in 2025
[…] opt-outs – exceeds the bounds of the Agency’s statutory authority and is in violation of the California Administrative Procedure Act. Separately, while the Maryland Age Appropriate Design Code was drafted to remove any direct requirements to moderate content, the law’s risk assessment requirements may still contain “proxies for content” that Ninth Circuit found to […]

In a Landmark Judgment, The Inter-American Court of Human Rights Recognized an Autonomous Right to Informational Self-Determination
[…] emphasized by the IACHR: 599. In any case, the Inter-American Court reiterates that the effectiveness of the right to informational self-determination requires States to provide adequate, swift, free, and effective mechanisms or procedures to process and address requests, either by the same authority managing the data or by another competent institution in matters of […]

The African Union’s Continental AI Strategy: Data Protection and Governance Laws Set to Play a Key Role in AI Regulation
[…] research and evaluation: Ongoing African-led research is needed to assess new risks arising from AI development and use in Africa; evaluate the efficacy of governance tools to promote the development and use of AI systems that are inclusive, fair, sustainable, and just; review best practices in AI governance coming out of similar country contexts […]

U.S. Legislative Trends in AI-Generated Content: 2024 and Beyond
[…] proposals to regulate synthetic content have primarily focused on authentication, transparency, and restrictions. Generally speaking, policymakers have sought to address the potential risks of synthetic content by promoting techniques for authenticating content, establishing requirements for disclosing the use of AI, and/or setting limitations on the creation and distribution of deepfakes. Authentication techniques, which involve […]

FPF Analysis of New Requirements for Generative AI Use by Healthcare Entities in Patient Communications
[…] Communications Intern On September 28, Governor Gavin Newsom signed California AB 3030, among a host of AI bills. CA AB 3030 amended the California Health & Safety Code and requires specified healthcare entities to disclose the use of generative artificial intelligence (AI) in provider-patient communications through visual or verbal disclaimers presented before, during, and/or […]

Does the GDPR Need Fixing? The European Commission Weighs In
[…] its provisions to enhance children’s privacy and safety on online platforms. This policy priority has equally reflected in the data protection field, with DPAs working together to promote child protection in advertising and recently fining social media companies for GDPR violations when processing children’s data. Other key developments include the upcoming EDPB guidelines on […]

Privacy Roundup from Summer Developer Conference Season 2024
[…] text-to-video generation model (Veo); and a new iteration on their text-to-image generation model (Imagen 3). Google engineers have also announced several open models (Gemma 2B and 7B; CodeGemma; and PaliGemma). The privacy tradeoff of model size is this: the smaller the model, the easier it is to operate locally. Large models are more efficiently […]

FPF Highlights Intersection of AI, Privacy, and Civil Rights in Response to California’s Proposed Employment Regulations
[…] divergent definitions. To ensure focus and regulatory efforts are targeted toward technologies that play an impactful role in individuals’ rights, FPF recommended alignment with definitions from Government Code § 11546.45.51, the CPPA Draft Regulations, and Assembly Bill 2930 that require the ADS role be “substantial” to the decision-making process. Law / Proposal Definition Civil […]

Contextualizing the Kids Online Safety and Privacy Act: A Deep Dive into the Federal Kids Bill
[…] use that indicate or encourage addiction-like behaviors by minors. (3) Physical violence, online bullying, and harassment of the minor. (4) Sexual exploitation and abuse of minors. (5) Promotion and marketing of narcotic drugs (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), tobacco products, gambling, or alcohol. (6) Predatory, unfair, […]

Reflections on California’s Age-Appropriate Design Code in Advance of Oral Arguments
[…] Wednesday, July 17th, the U.S. 9th Circuit Court of Appeals heard oral arguments for an appeal of the District Court’s preliminary injunction of the California Age-Appropriate Design Code Act (AADC). Judges Milan Smith Jr., Mark Bennett, and Anthony Johnstone appeared interested in questions about severability and implications of the recent NetChoice/CCIA v. Moody decision […]