Author: Carolyn Wimbly Martin and Ethan Barr Published: January 3rd, 2022 In June 2021, the National Collegiate Athletic Association (“NCAA”) waived a longstanding rule that prevented student athletes from profiting from their name, image and likeness (“NIL”). This opened the floodgates for student athletes to advertise and promote products or services, as
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Author: Xiaoban Xin Published: August 25, 2021 On August 3, 2021, the China National Intellectual Property Administration (CNIPA) released the Draft Revised Patent Examination Guidelines (“Draft Guidelines”) for comments. The revisions in the Draft Guidelines reflect the recently amended Chinese Patent Law that came into effect on June 1, 2021, and the Draft Revised Implementing Regulations (“Draft
Read More Author: Jenny L. Colgate Published: August 27, 2021 On August 20, 2021, China passed its first general data protection law, called the Personal Information Protection Law (“PIPL”). The law is set to take effect on November 1, 2021 (two months away), and it applies to both (1) in-country processing of personal information of
Read More Author: Carolyn Wimbly Martin Published: August 1st, 2021 Rapid advances in technology have enabled employers to track employees with greater granularity and detail than ever before. Large companies like Amazon use algorithms and wearable technology to determine an employee’s location at any given moment. Surprisingly, U.S. privacy laws have little to say
Read More Author: Jenny L. Colgate Published: March 3, 2021 Yesterday, Virginia passed the Virginia Consumer Data Protection Act (VCDPA), making it the second state (behind California, with its California Consumer Protection Act (CCPA) to enact a general consumer privacy law. The VCDPA will take effect on January 1, 2023, which is also the same
Read More Author: Jennifer B. Maisel Published: March 22, 2021 As part of its three-part series on the future of human-computer interaction (HCI), Facebook Reality Labs recently published a blog post describing a wrist-based wearable device that uses electromyography (EMG) to translate electrical motor nerve signals that travel through the wrist to the hand into digital commands
Read More Author: Jenny L. Colgate Published: May 13, 2021 On April 22, 2021, the Supreme Court issued a unanimous decision finding that the FTC lacks authority to pursue equitable monetary relief in federal court under Section 13(b) of the Federal Trade Commission Act (the “FTCA”). The result means that defendant Scott Tucker does not have to
Read More Author: Jennifer B. Maisel Published: June 7, 2021 In Van Buren v. United States, the Supreme Court resolved a circuit split as to whether a provision of the Computer Fraud and Abuse Act (CFAA) applies only to those who obtain information to which their computer access does not extend, or more broadly to also
Read More Author: Jennifer B. Maisel Published: July 8, 2021 At this point you have probably heard about one of the many incidents where an AI-enabled system discriminated against certain populations in settings ranging from healthcare, law enforcement, and hiring, among others. In response to this problem, the National Institute of Standards and Technology (NIST)
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Author: Susan J. Lutzker Published: August 3rd, 2021 Sam Durant’s drone sculpture above New York’s High Line and the stunning photographs of Trevor Paglen are stark representations of the pervasive presence of government surveillance in our lives. While courts are grappling with the legal boundaries of such surveillance, artists are joining the debate. Click
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