AI Counsel Blog Posts
by Zachary Barlow
June 4, 2026
The worlds of AI and copyright intersect on a number of levels. Most often, we write about this intersection in the context of infringement. This occurs when a copyright holder’s materials are used in AI training or appear in AI outputs. However, there’s another important consideration on the opposite side of the coin. AI outputs […]
by Zachary Barlow
June 3, 2026
Yesterday, the president signed a new executive order (EO) on AI focusing on cybersecurity. It introduces new voluntary programs for private sector AI developers. These programs would allow AI developers to confidentially submit frontier models to the federal government for early cybersecurity testing. The administration’s fact sheet on the EO describes these private sector efforts: […]
by Zachary Barlow
June 2, 2026
The FTC recently announced a settlement agreement with three marketing firms accused of AI washing. The FTC alleges that the firms misled consumers by offering deceptive “AI-powered services.” The firms allegedly told clients that their new AI system could actively eavesdrop on the smart devices of individuals who consented to various third-party terms and conditions. […]
by Zachary Barlow
June 1, 2026
In March, I wrote about a growing class of data privacy litigation. These cases seek to enforce the California Invasion of Privacy Act (CIPA) against websites collecting user data. These cases allege that websites violate the CIPA when recording data from users’ sessions, even if the website does not share the data. Recently, a California […]
by John Jenkins
May 29, 2026
By Guest Blogger Yan Ross JD, Editor-in-Chief, Cyber Defense Magazine This month, we examine evolving SEC reporting obligations triggered by cyber incidents, including the cybersecurity industry’s increasing emphasis on early breach detection and rapid remediation. In an era of readily accessible artificial intelligence tools available to malicious actors, these issues represent a critical concern […]
by John Jenkins
May 28, 2026
In an opinion piece published in The Wall Street Journal last week, two Wharton profs argue that when it comes to AI regulation, the government should look to its experience with bank regulation as a guide: Frontier AI labs aren’t banks, but they’re structurally similar. A few private companies are making fast-moving, technically complex decisions […]
by John Jenkins
May 27, 2026
Last Thursday, California Governor Gavin Newsom issued an executive order intended to help prepare workers and small businesses to deal with the potential disruptions associated with AI. The order directs state agencies “to build a framework for responding to potential workforce disruption and ensuring workers are not left behind as AI adoption accelerates.” This excerpt […]
by John Jenkins
May 26, 2026
The Gen AI & ML Training Institute has posted this AI Risk Management Guide, which provides an overview of issues that need to be addressed by risk managers dealing with the challenges presented by artificial intelligence. This excerpt discusses strategic risk mitigation actions: Mitigating AI risk requires a blend of technical safeguards and human processes […]
by Zachary Barlow
May 21, 2026
Five major publishers filed a lawsuit earlier this month against the technology company Meta and its CEO, Mark Zuckerberg, individually. The case builds on previous copyright litigation and alleges that Meta violated multiple copyrights when training its llama AI models. Central to the case are allegations that Meta knowingly pirated large amounts of copyrighted materials […]
by Zachary Barlow
May 20, 2026
We’ve previously written about the challenges that AI systems and AI outputs face in Intellectual property law. Patent and trademark protections aren’t always robust when protecting AI. The US Patent and Trademark Office (USPTO) is working to make patenting AI systems easier. However, the US Copyright Office and various courts take the position that AI […]