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[…] audience, age-appropriate websites. In recent years, most state comprehensive laws have taken the approach of using actual knowledge or willfully disregards,” which attempts to strike a balance between the two sides of this debate.  2. Narrow preemption of state laws Preemption, or the question of which state privacy laws will be superseded by a […]

[…] December 14, 2022, alleging that the California AADC is unconstitutional, opening NetChoice v. Bonta.  NetChoice filed for a preliminary injunction in February 2023, which District Court Judge Beth Labson Freeman granted in September of that same year.  The following month, October 2023, California Attorney General Rob Bonta filed to appeal the preliminary injunction with […]

[…] In order to grasp the possible impacts of such a treaty, it is crucial to understand how it will function under international law, while drawing a comparison between the Framework Convention on AI and Convention 108.  1.1. International Law in Action to Protect People in the Age of Computing: From Convention 108 to the […]

[…] new and transformational use cases for AI in everyday life. However, there are also risks and ethical considerations to manage throughout the lifecycle of these systems. A better understanding of these risks and considerations is essential as practitioners devise policies to manage the benefits and risks of generative AI tools. The re-release of Generative […]

[…] framework, the VDPA allows for the option to opt out of targeted advertising. However, the VDPA broadens the definition of targeted advertising to include first-party data shared between distinctly branded websites, including websites operated by the same controller. This expanded definition goes much further than any existing state privacy law. A limited private right […]

[…] 2023 As a result, there is a general compliance model for the requirements of this bill. However, it is still worth noting that there are some differences between Colorado SB 41 and Connecticut SB 3 which should be given special attention, especially where the impact of these differences remains to be seen. What’s familiar […]

[…] and age assurance methods for the use of its online services. Constructive knowledge standards are also more difficult to interpret and implement, especially in attempting to distinguish between services that are used by 17-year-olds versus those used by 18-year-olds.  Confusion Created by New Standards  U.S. lawmakers have trended toward requiring service providers to have […]

[…] be in scope of other statutorily-created child privacy protections may find themselves with new obligations under this framework.  See our comparison chart for a full side-by-side comparison between the Maryland Age-Appropriate Design Code and California Age-Appropriate Design Code.  Who does the Maryland AADC apply to? If enacted, the Maryland AADC will apply to businesses […]

With help from Selin Fidan, Beth Do, Daniel Berrick, and Angela Guo Immersive technologies like spatial computing, gaming, and extended reality (XR) offer exciting ways to experience and engage with the world. However, interfaces for immersive technologies that further blur the lines between the physical and the virtual may also open the door to […]

[…] with, the disclosed purposes for which the personal data is processed, as disclosed to the consumer.”  The distinct standards for “collection” and “processing” create a potential tension between these rules, given that “process” is defined to include “collecting,” which could be read to mean that a controller can collect personal data when not reasonably […]