LEGAL INSIGHTS

The digital economy is revolutionizing every aspect of our lives, and success in today’s economy requires that businesses become disruptors and innovators. At Patrick Law Group, we believe that a critical component of competitiveness in the digital economy is the pursuit of sharing and collaboration of relevant information.

We recognize the increasing complexity our Clients face in identifying relevant content and insightful business perspectives on changes and developments important to their practice areas and business interests. We invest in creating and sharing Client-centric content, and provide our Clients with current insights and knowledge that affect critical business decisions and the development of cogent business strategies.

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  • DHS Cybersecurity Arm Directs Executive Agencies to Develop Vulnerability Disclosure Policies December 3, 2019
    On November 27, 2019, the Cybersecurity and Infrastructure Security Agency (CISA) of the Department of Homeland Security (DHS) released for public comment a draft of Binding Operational Directive 20-01, Develop and Publish a Vulnerability...
    Patrick Law Group, LLC
  • Open Internet Advocates Rejoice: Ninth Circuit Finds Web Scraping of Publicly Accessible Data Likely Does Not Violate CFAA October 28, 2019
    The Ninth Circuit Court of Appeals recently handed open internet advocates a big win by upholding the right of a data analytics startup to use automated bots to scrape publicly available data (hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783 (9th...
    Patrick Law Group, LLC
  • The ABA Speaks on AI August 15, 2019
    Earlier this week, the American Bar Association (“ABA”) House of Delegates, charged with developing policy for the ABA, approved Resolution 112 which urges lawyers and courts to reflect on their use (or non-use) of artificial intelligence (“AI”)...
    Patrick Law Group, LLC
  • Is Anonymized Data Truly Safe From Re-Identification? Maybe not. August 5, 2019
    Across all industries, data collection is ubiquitous.   One recent study estimates that over 2.5 quintillion bytes of data are created every day, and over 90% of the data in the world was generated over the last two years. Not surprisingly, the...
    Patrick Law Group, LLC
  • FTC Settlement Reminds IoT Companies to Employ Prudent Software Development Practices July 31, 2019
    Smart home products manufacturer  D-Link Systems Inc. (D-Link) has reached a proposed settlement with the Federal Trade Commission after several years of litigation over D-Link’s security practices. The dispute, which dates back to early 2017, has...
    Patrick Law Group, LLC
  • Beyond GDPR: Brexit’s Effect on other Data Laws June 20, 2019
    Since the United Kingdom (UK) voted in June, 2016, to exit the European Union (i.e., “Brexit”), the question in many minds has been, “Whither GDPR?”  After all, the UK was a substantial contributor to this legislation.  The UK has offered...
    Patrick Law Group, LLC
  • San Francisco Says The Eyes Don’t Have It: Setting Limits on Facial Recognition Technology May 16, 2019
    On May 14, 2019, the San Francisco Board of Supervisors voted 8-1 to approve a proposal that will ban all city agencies, including law enforcement entities, from using facial recognition technologies in the performance of their duties.  San...
    Patrick Law Group, LLC
  • NYC’s Task Force to Tackle Algorithmic Bias: A Study in Inertia May 2, 2019
    In December, 2017 the New York City Council passed Local Law 49, the first law in the country designed to address algorithmic bias and discrimination occurring as a result of algorithms used by City agencies. Local Law 49 created an Automated...
    Patrick Law Group, LLC
  • U.S. Lawmakers Want Companies to Check their Bias April 26, 2019
    Although algorithms are often presumed to be objective and unbiased, technology companies are under increased scrutiny for alleged discriminatory practices related to their use of artificial intelligence. As a result of the rising concern that...
    Patrick Law Group, LLC
  • The Weight of “GDPR Lite” March 19, 2019
    In June, 2018, California’s legislature took the first steps to ensure that the state’s approach to data privacy was trending more closely to the European Union’s General Data Protection Regulation (GDPR), the de facto global industry standard for...
    Patrick Law Group, LLC
Follow the Leader: Will Congressional and Corporate Push for Federal Privacy Regulations Leave Some Technology Giants in the Dust?

Follow the Leader: Will Congressional and Corporate Push for Federal Privacy Regulations Leave Some Technology Giants in the Dust?

By Dawn Ingley | On October 24, 2018, Apple CEO Tim Cook, one of the keynote speakers at the International Conference of Data Protection and Privacy Commissioners Conference, threw down the gauntlet when he assured an audience of data protection professionals that Apple fully supports a “GDPR-like” federal data privacy law in the United States.

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Yes, Lawyers Too! ABA Formal Opinion 483 and the Affirmative Duty to Inform Clients of Data Breaches

Yes, Lawyers Too! ABA Formal Opinion 483 and the Affirmative Duty to Inform Clients of Data Breaches

By Jennifer Thompson | Developments in the rules and regulations governing data breaches happen as quickly as you can click through the headlines on your favorite news media site.  Now, the American Bar Association (“ABA”) has gotten in on the action and is mandating that attorneys notify current clients of real or substantially likely data breaches where confidential client information is or may be compromised.

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D-Link Continues Challenges to FTC’s Data Security Authority

D-Link Continues Challenges to FTC’s Data Security Authority

By Linda Henry | On September 21, 2018, the FTC and D-Link Systems Inc. each filed a motion for summary judgement in one of the most closely watched recent enforcement actions in privacy and data security law (FTC v. D-Link Systems Inc., No. 3:17-cv-00039).  The dispute, which dates back to early 2017, may have widespread implications on companies’ potential liability for lax security practices, even in the absence of actual consumer harm.

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Good, Bad or Ugly? Implementation of Ethical Standards In the Age of AI

Good, Bad or Ugly? Implementation of Ethical Standards In the Age of AI

By Dawn Ingley | With the explosion of artificial intelligence (AI) implementations, several technology organizations have established AI ethics teams to ensure that their respective and myriad uses across platforms are reasonable, fair and non-discriminatory.  Yet, to date, very few details have emerged regarding those teams—Who are the members?  What standards are applied to creation and implementation of AI?  Axon, the manufacturer behind community policing products and services such as body cameras and related video analytics, has embarked upon creation of an ethics board.  Google’s DeepMind Ethics and Society division (DeepMind) also seeks to temper the innovative potential of AI with the dangers of a technology that is not inherently “value-neutral” and that could lead to outcomes ranging from good to bad to downright ugly.  Indeed, a peak behind both ethics programs may offer some interesting insights into the direction of all corporate AI ethics programs.

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IoT Device Companies: The FTC is Monitoring Your COPPA Data Deletion Duties and More

IoT Device Companies: The FTC is Monitoring Your COPPA Data Deletion Duties and More

By Jennifer Thompson | Recent Federal Trade Commission (FTC) activities with respect to the Children’s Online Privacy Protection Act (COPPA) demonstrate a continued interest in, and increased scrutiny of, companies subject to COPPA. While the FTC has pursued companies for alleged violations of all facets of its COPPA Six Step Compliance Plan, most recently the FTC has focused on the obligation to promptly and securely delete all data collected if it is no longer needed. Taken as a whole, recent FTC activity may indicate a desire on the part of the FTC to expand its regulatory reach.

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