#AD or #Deception: How the FTC’s Current Disclosure Framework Fails to Protect Consumers in an Algorithm-Driven Ecosystem

A Note by Arijeta Ajrulla

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For more than a decade, social media has consistently grown and expanded around the world. By 2028, the total number of social media users is expected to hit over 6.05 billion individuals. Social media users span all ages, with 56.4 million users ages 11-26, and 36.9 million users ages 59-77; numbers expected to grow. Social media platforms include but are not limited to Instagram, Facebook, Snapchat, X (Twitter), Youtube, and TikTok.

… Read the rest

Deception by Delivery Fees: Demanding Consumer Protections and Transparency in the Face of Deceptive Fee Practices

A Note by Deanna Nila

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The use of online food delivery platforms has seen a rampant increase in recent years, with the global food delivery market being valued at a whopping $242.09 billion in 2023. With the rise and fall of the COVID-19 pandemic, bustling consumer lifestyles, and the increased digitalization of everyday interactions, the ability to order food delivery from over thousands of different restaurant options has never been more convenient. Every day, thousands of busy consumers utilize apps like DoorDash, Uber Eats, or GrubHub to have food or groceries delivered right to their door step. Many have even become reliant on these services, such as those with mobility issues or those who do not own vehicles. While the necessity and convenience of having food delivery at our fingertips has made it a booming business, consumers have found that this convenience can sometimes … Read the rest

Mobley v. Workday: An Evolving AI Compliance Landscape

A Note by Ashley Morris

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Mobley v. Workday is a groundbreaking legal dispute that sits at the intersection of artificial intelligence (“AI”) and employment law. The key issues in Mobley are whether the use of algorithmic screening tools in hiring decisions, as implemented by Workday, result in unlawful disparate impact discrimination under the Title VII of the Civil Rights Act of 1964, (“Title VII”), under the Age Discrimination in Employment Act (“ADEA”), or under the Americans with Disabilities Act (“ADA”). Another key issue in Mobley centers around whether Workday can be held liable as employer’s agent for unlawful disparate impact discrimination under these three acts. While this case is still pending, it is among the first major cases to challenge algorithmic hiring under antidiscriminatory statutes. It could set precedent for how AI hiring systems are regulated in the U.S. While Mobley was filed in … Read the rest

BIPA VS. CUBI: COMPARATIVE ANALYSIS OF MAJOR BIOMETRIC PRIVACY ACTS IN ILLINOIS AND TEXAS

A Note by Anastasiia Cheban

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Over the past several years, the Illinois’ Biometric Information Privacy Act (BIPA) has expanded in scope and other states have adopted similar acts.[1] BIPA requires businesses and private entities that collect any biometric information from individuals to disclose that collection.[2] The act prohibits collecting, capturing, purchasing, or obtaining an individual’s biometric information without a written disclosure of the nature of the collection.[3]

Other states have also been influenced by Illinois’ legislation on the collection, retention, and sale of biometric information.[4] For example, Texas adopted a similar statute in 2009, titled, the “Capture or Use of Biometric Identifier Act” (CUBI).[5] The act is structured similarly to BIPA; however, it has significant differences that affect its enforcement, which has affected the number of lawsuits brought under the act.[6] Although there are only three states that … Read the rest

THE COPYRIGHT CONUNDRUM: EXPLORING THE LEGAL CHALLENGES TO THE COPYRIGHTABILITY OF AI-GENERATED WORKS AND THE FUTURE OF THE ENTERTAINMENT INDUSTRY

A Note by Reilly Alridge

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The Writers Guild of America (WGA) and Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) strikes of 2023 sparked major controversy over the use of generative artificial intelligence (AI) in the entertainment industry.[1] Writers have fears of AI being used to take over their script-writing jobs and reduce their bargaining power for pay.[2] Actors have fears of AI being used to replace the work of background actors and using their scanned body images posthumously without permission from the actor or the actor’s estate.[3]


[1] See Andrew Dalton, The Hollywood Writers Strike is Over After Guild Leaders Approve Contract with Studios, The Associated Press (Sept. 26, 2023, 10:24 PM), https://apnews.com/article/writers-strike-deal-hollywood-vote-actors-d3119d670a4fd3449773bf8f4026fb2b; see also Megan Cerullo, SAG-AFTRA Reaches Tentative Agreement with Hollywood Studios in a Move to End Nearly 4-Month Strike, CBS News (Nov. 9, … Read the rest

LARGE LANGUAGE MODELS AND ETHICAL PITFALLS: TESTING THE LEGAL LIMITS OF “ROBOLAWYERING”

A Note by Lee Walter

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Over the past several months, advanced machine learning algorithms called “large language models” (LLMs) have led to the creation of a variety of AI-powered legal software services.[1] LegalZoom leverages a simple LLM to interpret user responses to online questionnaires and generate boilerplate forms for estate planning and new business registration.[2] EU-based LegalAi uses the technology to provide prelitigation assessments of lawsuit validity to consumers.[3] And Casetext provides document drafting and review for attorneys.[4] But by far the buzziest and highest profile of these large language models is Open AI’s ChatGPT (short for “generative pre-trained transformer”). Launched in 2015, ChatGPT has rapidly become synonymous with LLMs, and many legal tech companies have already integrated ChatGPT into their platforms.[5] Most recently, Casetext announced a contract with Am Law 20 firm DLA Piper to provide a ChatGPT-powered … Read the rest

CRIMES WITHOUT CONSEQUENCES: EXPLORING THE METAVERSE AS A CRIMINAL FRONTIER

A Note by Doyeon Oh

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A conception of digital worlds in the form of virtual and augmented realities has been a science-fiction vision since the 20th century.[1] As of 2023, that vision has become more than just a reality.[2] Established tech giants like Meta and Google are already taking the next step in developing the “metaverse”—a universal platform promising a fully immersive real-life experience within a network of multiple virtual worlds.[3] Theoretically, the metaverse will allow users, or their “avatars,” to live, work, and socialize as they would in the real world.[4] Casual users may think of it as a “digital playground;” others may see potential business opportunities.[5] Ideas of its use are limitless and exciting,[6] and the metaverse hype seems more than deserving.            

However, this exciting prospect brings forth a dangerously overshadowed issue: violent crimes.… Read the rest

DELINEATING DIGITAL MARKETS IN ANTITRUST CONTEXTS

A Note by Lindsey Robin

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As digitization and technology increasingly affect all aspects of life, law makers and academics alike continue to consider how antitrust law can be applied to digital markets. Concerns over big data, data security, monopolization, privacy, and unfair competition practices have garnered much attention across the globe in the last decade.[1] How and whether antitrust law should effectively address these concerns remains a hotly debated topic in the antitrust community.

[1] See generally, Benjamin M. Fischer, The Rise of the Data-Opoly: Consumer Harm in the Digital Economy, 99 Wash. U. L. Rev. 729 (2021); Mason Marks, Biosupremacy: Big Data, Antitrust, and Monopolistic Power over Human Behavior, 55 U.C. Davis L. Rev. 513 (2021); Joshua P. Zoffer, Short-Termism and Antitrust’s Innovation Paradox, 71 Stan. L. Rev. Online 308 (2019)… Read the rest

ROBOTS DON’T TAKE BATHROOM BREAKS: ANALYZING THE APPLICABILITY OF CALIFORNIA’S A.B. 701 LEGISLATION IN ILLINOIS

A Note by Kevin Estes

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On September 22, 2021, California Governor Gavin Newsom signed into law A.B. 701[1] intending to further protect the health and safety of warehouse workers in the state of California.[2] Authored by California Assemblywoman Lorena Gonzalez, A.B. 701“strengthen[s] warehouse workers’ rights against arbitrary and abusive work quota systems by requiring companies to disclose work quotas to employees and state agencies, and establish statewide standards to minimize on-the-job injuries for employees working under strict quotas.”[3] Although the bill places restrictions on all single warehouse distribution center with 100 or more employees or 1,000 or more employees at one or more warehouse distribution centers in the state,[4] the bill specifically targets Amazon Inc. and their “extreme high-churn model, continually replacing workers in order to sustain dangerous and grueling work pace demands.”[5] To achieve its purpose, A.B. 701 … Read the rest

I THINK YOU ARE MUTED, YOUR HONOR: THE RISE OF REMOTE LEGAL PROCEEDINGS AND WHAT IS IN STORE

A Note by Austin Bull

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On October 28, 2021, Mark Zuckerberg announced Facebook’s new focus on the “metaverse.”[1] Facebook and its counterparts now belong to Meta Platforms, Inc. and will emphasize and move toward a virtual reality future.[2] This novel endeavor came about a year and a half after the COVID-19 pandemic forced the world to adapt to new, remote mediums.[3] Digital landscapes became an immediate necessity rather than a distant, futuristic concept.[4] Many industries were affected; the legal sector was no exception.[5]

In an unprecedented fashion, law firms and courtrooms alike moved entirely remote.[6] For the first time, depositions, hearings, and even entire trials were conducted by video conference from participants’ homes.[7] Attorneys and their clients no longer commuted to an office but instead conducted their business through programs such as Zoom or Microsoft Teams.[8]… Read the rest