Recently, a federal court issued the first ruling on the closely watched issue of fair use in copyright infringement involving AI. The court ruled in favor of the plaintiff on its direct infringement claim, and ruled that the defendant’s use of plaintiff’s material to train its AI model was not a fair use.
Artificial Intelligence
The FTC Announces New Enforcement Actions Against Certain Businesses for Engaging in “Deceptive AI” Practices
- DoNotPay. The FTC brought suit against DoNotPay, which had claimed
A Comparison of AI Regulatory Frameworks

Colorado Passes AI Regulation
Colorado has become the first state to pass legislation (SB24-205) regulating the use of artificial intelligence (AI) within the United States. This legislation is designed to address the influence and implications, ethically, legally, and socially, of AI technology across various sectors.
Any person doing business in Colorado, including developers or deployers of high-risk…
JAMS Issues Rules Governing Disputes Involving Artificial Intelligence Systems
Judges are beginning to address the increasing use of AI tools in court filings—including reacting to instances of abuses by lawyers using it for generative purposes and requiring disclosures regarding the scope of AI use in the drafting of legal submissions. Now JAMS, the largest private provider of alternative dispute resolution services worldwide, has issued…

UN Adopts Landmark AI Resolution
The UN General Assembly has adopted a landmark resolution focusing on the safe, secure, and trustworthy use of Artificial Intelligence (AI). This resolution, led by the United States and supported by over 120 Member States, marks the first time the Assembly has adopted a resolution on regulating AI. The resolution calls for protection of rights…

FTC Warns That “Quietly Changing” Privacy Policies May Be an Unfair or Deceptive Practice
The FTC published guidance warning companies that “[i]t may be unfair or deceptive for a company to adopt more permissive data practices—for example, to start sharing consumers’ data with third parties or using that data for AI training—and only inform consumers of this change through a surreptitious, retroactive amendment to its terms of service or…
Webinar Recording – Financial Services 2024 Privacy and Cybersecurity Preview
In this month’s webcast, “Financial Services 2024 Privacy and Cybersecurity Preview,” Greg Szewczyk and Sarah Dannecker give an overview of how the privacy and cybersecurity landscape is evolving in the financial sector. From more specific data security reporting requirements to potential data subject rights to the use of artificial intelligence, the members of Ballard…

Colorado Leads the Way on AI Regulation in the Insurance Industry
On November 14, 2023, the Colorado Division of Insurance’s AI insurance regulations went into effect. Colorado is now the first state in the nation to adopt regulations specifically aimed at insurance algorithms.
Colorado’s regulation requires life insurance companies to report how they review AI models and use External Consumer Data and Information Sources (ECDIS), which…

CPPA Releases Proposed Automated Decision-Making Rules
On November 27, 2023, the California Privacy Protection Agency (CPPA) published proposed Automated Decision-Making Rules to be discussed by the CCPA board at its upcoming meeting on December 8, 2023. While the proposed rules are far from final—indeed, they are not even official draft rules—they signal that the CPPA is considering rules that would have…