Mark Rasch

On October 31, 2023, in federal court in Manhattan, the United States Securities and Exchange Commission (SEC) filed a landmark lawsuit against SolarWinds and its CISO for securities fraud. The lawsuit reflects the SEC’s opinion that a company’s data security policies, practices and conditions are not only “material” to the potential investing public—and, therefore, must be accurately disclosed—but also suggested that “pablum” comments in public disclosures, such as “We take security seriously,” or that products or services are subject to a “secure development lifecycle [that] follows standard security practices including vulnerability testing, regression testing, penetration testing, and product security assessments,” can give rise to liability for securities fraud.

President Biden's EO lacks the effect of law, does not mandate much of anything and overlooks some of the trickiest AI issues.

Recent articles in the Washington Post and the Wall Street Journal explored the problem of “fake nudes” — that is, AI-generated or — assisted sexually explicit images of real people. In a previous discussion, we explored the nature of the problem of virtual revenge porn — the limitation on the use of various revenge porn statutes with respect to images that are wholly or partly generated by a computer. Here, we look at remedies — what can the victims of the creation and distribution of AI-generated pornographic images do to stop their dissemination as a legal and practical matter, and what is the likely outcome of such litigation?

A federal court in San Fransisco addressed whether the training of AI infringes copyright, and the decision has interesting implications for the technology's future.

A federal court in San Fransisco addressed whether the training of AI infringes copyright, and the decision has interesting implications for the technology's future...

A federal court in San Fransisco addressed whether the training of AI infringes copyright, and the decision has interesting implications for the technology's future...

The rapid advancement of artificial intelligence (AI) technology has created new challenges that significantly disrupts established legal principles. One facet of AI, with a large potential for abuse, is its seamless capability to replicate a person’s likeness using AI generators, leading to the proliferation of deepfakes.

2023 saw cybersecurity and privacy law arrive at a crossroads, especially with regard to the regulatory landscape.

In earlier posts, we discussed how to legally respond to AI-generated fake nudes and some developments in the area of AI-generated pornography. Congress has jumped into the fray, with Rochester, New York congressman Joe Morelle and Deb Ross of North Carolina reintroducing the “Preventing Deepfakes of Intimate Images Act,” H. R. 3106; the bill was reintroduced last week.

In the 1973 baseball movie “Bang the Drum Slowly,” the players for the New York Mets—um, Mammoths—spend their off time playing a card game with fans called “TEGWAR,” which stands for “The Exciting Game Without Any Rules.” The Federal Trade Commission recently warned against a new form of TEGWAR