Anne Hoge

On August 31, the California legislature closed for the 2024 session. Here's what happened with the privacy and AI-related bills we've been tracking: Five of the six privacy-related bills passed the legislature: 1️⃣ Opt-Out Preference Signals (AB 3048) – Among other provisions, the bill prohibits a business from developing or maintaining a browser that does not include a setting that enables a consumer to send an opt-out preference signal to businesses with which the consumer interacts. 2️⃣ Kid's Privacy (AB 1949) – Amends the CCPA to provide that a business cannot collect, sell, or share the personal information of a child ages 13 to 17 without the child’s consent or, for children below 13, without a parent or guardian’s consent. 3️⃣ Neural Data / Personal Information & AI systems (SB 1223 & AB 1008) – Amend the CCPA to add neural data as an element of sensitive PI. Also amend the CCPA’s definition of PI to specify that PI can exist in various formats, including “artificial intelligence systems that are capable of outputting personal information.” 4️⃣ Recognition of Prior Opt-Outs in M&A Deals / Kid's Privacy (AB 1824) – Amends the CCPA to require acquiring businesses to honor prior opt-out requests. The bill also contains the kid’s privacy provisions in AB 1949. Four of the seven AI-related bills passed the legislature: 1️⃣ Safe and Secure Innovation for Frontier Artificial Intelligence Act (SB 1047) – The bill regulates the largest artificial intelligence models. It has been the subject of extensive controversy and is a potential candidate for a governor’s veto. 2️⃣ Generative AI Training Data Transparency (AB 2013) - Provides that developers of generative artificial intelligence systems or services must, prior to making their systems or services publicly available to Californians, post on their website documentation regarding the data used to train the system or service. 3️⃣ Definition of AI (AB 2885) - Amends California law to define artificial intelligence as “an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.” 4️⃣ California AI Transparency Act (SB 942) – Creates transparency obligations for persons that create, code, or otherwise produce generative artificial intelligence systems that have over one million monthly visitors or users and are publicly accessible within California’s geographic boundaries. 5️⃣ The three AI-related bills that did not pass the legislature were AB 2930 (algorithmic discrimination), AB 3211 (provenance, authenticity and watermarking standards), and AB 1791 (digital content provenance for social media platforms). All of the passed bills now head to the governor for consideration. Article co-authored by Owen Davis and Fred Sager.

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Lots of interesting observations about how hallucinations/confabulations can be reduced by certain architectures in this article, but here's what I'm wondering about this morning: Suppose the models do end up solving these problems through what is, in effect, a division of labor: Models are specialized to answer queries within a defined subdomain. Do we then develop new models that are good at integrating answers across subdomains into a full solution that represents the best answer across domains? Even if we do, it seems like it will have to be humans that are playing that role in the near term. +1 for those who are good at context recognition and integrating perspectives across different domains — specialists in generalization. https://lnkd.in/g5RMaEx6

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Knobbe Martens partner Maria Culic Anderson will be the principal speaker on the webinar “Key Risks of Using Open Source,” hosted by the California Lawyers Association, on Thursday, May 23 at 12 p.m. PT.   Maria will provide an overview of the patent infringement and security risks associated with using open source software in product development, as well as practical guidance for how to mitigate these risks.   Learn more and register here: https://lnkd.in/gHSE4KNk.   #IPLaw #OpenSource #PatentLaw

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Companies should brace for another surge in California Invasion of Privacy Act (CIPA) claims after two federal court decisions relating to common website analytics tools. - A Central District of California decision holding that CIPA is not limited to physical devices is likely to increase CIPA claims. - A Ninth Circuit opinion undermines a common CIPA defense argument – that a user consented to data collection merely via a privacy policy or cookie policy. - The most effective way to defend against these CIPA claims is to require all users to specifically opt in to the use of ad pixels and cookies, such as through a “cookie door.” #Litigation https://lnkd.in/eenD-aRa

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Avoid the dark side, you must. As noted in Luis’s summary, according to the CPPA Deputy Director Macko, “[d]ark patterns aren’t about intent, they’re about effect.” This follows on increased scrutiny of dark patterns by the FTC and other authorities. #ccpa #privacylaw

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We are excited to announce the launch of our new AI Counsel Code podcast! Hosted by Intellectual Property Partner Margaret Welsh, who co-chairs the Artificial Intelligence Practice Team, AI Counsel Code aims to keep you up to date on all the AI legal issues arising in the modern business frontier. 🔊 Listen to the first few episodes here: https://okt.to/Bm9W8f #AI #ArtificialIntelligence #Podcast #AICounselCode

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Ozmosys used to be known as a news aggregator, selling to law firms and corporate legal departments through the research teams. CEO Eric Gross was smart enough to recognize that the access to information Ozmosys had built up over the years meant the company was in an ideal strategic position when the technology became good enough to mind that data for actionable insights and deliver those with pinpoint precision to the people who needed them. Enter the Ozmosys of today, an AI-driven intelligence platform that delivers insights in a really targeted way so that: 💡 Lawyers don't get generic updates but instead ones that are highly relevant to what they do, and 💡 Law firm BD professionals can identify key opportunities for business growth based on market intelligence. Use cases abound for other legal professionals too. Learn more and see the product demo video in our product briefing below. #legaltech #data #legaldata #AI Cecilia Whang

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The latest from Movers & Shakers 📢 Ojam Bullrich Flanzbaum appoints Belén Recchini as partner. The firm specialized in intellectual property, technology, and data privacy, Ojam Bullrich Flanzbaum, has appointed Belen Recchini as its new partner. Recchini has been part of the company’s team since February 2019. Read the full news article here 👉 https://lnkd.in/e8WvzunC Subscribe to our newsletter to stay up-to-date with all the most pertinent patent stories and news here https://lnkd.in/eNFGimuS Want to write for The Patent Lawyer newsletter? Email [email protected] #patent #lawyer #news #lawfirm #partner #IP #technology #dataprivacy #IPlaw

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Excited to speak as a panelist at CenterForce USA's conference on "Developing a Comprehensive Corporate AI Policy: Legal, Ethical, and Compliance Considerations." This Thursday, May 30 in Chicago, I'll be joining experts 👉 Michael Booden, JD, CIPP/US, CIPP/E, of HUB International 👉 Donna Haddad of IBM 👉 Julie Honor of Thompson Hine LLP and 👉 David Oberst of The Boler Company® for an insightful discussion of best practices for developing a sound corporate #AIPolicy! #AI #AIPolicy #LegalTech #Compliance #dataprotection #datasecurity #cybersecurity #riskmanagement

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