April 22, 2024
Trending Topics
ARTIFICIAL INTELLIGENCE
SAG-AFTRA Seeks to Write AI Protections Into California Law
SAG-AFTRA is advocating for new legislation that would expand current AI legal protections. One such bill would require consent when “digital replicas” are used and would apply to various performance contracts including product endorsements, musical performances, and audiobooks. Standing against the proposed bills is the Motion Picture Association, who argue the restrictions would eliminate certain post-production practices that have been used for decades. (Published April 9, 2024; Source: Variety)
CRYPTOCURRENCY & BLOCKCHAIN
Regulatory Settlements Drive Compliance Efforts at Leading Crypto Exchanges
At the Chainalysis Links conference, Compliance Chiefs from three leading crypto exchanges—Binance, Coinbase, and Kraken—discussed their commitment to bettering their compliance programs following recent settlements with U.S. regulators over various failures. Kraken’s CJ Rinaldi emphasized that promptly identifying and addressing issues builds trust with regulators. The trio expressed hope that the lessons learned from these settlements will serve to enhance standards across the industry. (Published April 11, 2024; Source: Coinpedia)
DATA PRIVACY & CYBERSECURITY
"Historic" Federal Data Privacy Bill Lands in US Congress
On April 7th, the American Privacy Rights Act (APRA) of 2024, a federal privacy proposal, was introduced to Congress. Unlike past privacy proposals, APRA's bipartisan and bicameral support could lead to its ultimate enactment. The law proposes to make privacy a consumer right and create a private right of action. While experts express concern over APRA's preemption of privacy-related state laws, the bill incorporates aspects of strong state privacy state laws. The bill also allows for individualized state laws to remain in areas such as civil rights, consumer protection, health, and financial data. (Published April 9, 2024; Source: Tech Radar)
INTELLECTUAL PROPERTY
David Chang Says He Won’t Enforce Chili Crunch Trademark After Backlash from the Asian American Community
Momofuku, led by David Chang, is dropping its controversial trademark defense for "Chili Crunch". Momofuku acquired the trademark for "Chile Crunch" in 2023 and recently filed to protect "Chili Crunch”. The company attempted to defend the marks by sending cease-and-desist letters to Asian-American-founded food companies that had been using the terms. Chang explained that "Chili Crunch" was specifically chosen to distinguish from "chili crisp," a popular condiment that has been used for decades. Momofuku’s CEO noted the intent behind the letters was to comply with the defense requirements under trademark law. (Published: April 15, 2024; Source: People) (Editor’s note: The above headline was edited to reflect “Chili Crunch”, one of the marks in question. The article’s headline at the time of publication used the term “Chili Crisp”)
MEDIA & ENTERTAINMENT
Movie Industry Demands US Law Requiring ISPs to Block Piracy Websites
A new battle is brewing between Hollywood and Big Tech. The Motion Picture Association (MPA) recently announced plans to lobby lawmakers to pass a law that could require internet service providers to block websites dedicated to sharing stolen content. The MPA claimed that piracy websites cost “hundreds of thousands of jobs” and siphon “tens of billions of dollars” from the economy. Consumer advocates say lawful content could be swept by such law, echoing what the tech industry referred to as “over-blocking.” The Computer & Communications Industry Association, a tech industry lobbying group, said it would be difficult to distinguish between websites dedicated to pirated content from ones where individual users cause incidental infringement. (Published April 10, 2024; Source: Arstechnica)
SPORTS
Professional Golf Is at a Crossroads. How—and When—Will It Find a Resolution?
Professional golf faces turmoil as the proposed merger between the PGA Tour and LIV Golf remains unresolved over a year later. Player defections, government investigations, and power struggles have left fans disillusioned and uncertain about the sport's future. Amidst debates over ethics and commercialization, the Masters serves as a reminder of golf's complex history and uncertain trajectory. The outcome of this tumultuous period could reshape the sport's identity and its relationship with fans. (Published: April 10, 2024; Source: The Ringer)
TECHNOLOGY IN LEGAL PRACTICE
Lawyers Should Disclose AI Use: NY Bar
On April 6th, 2024, the New York State Bar Association Task Force on AI released a 90-page report on how lawyers should ethically utilize AI. A key point, per an attorney’s duty of competency, is that lawyers should regularly remain aware of the benefits and risks of emerging technology used to provide legal services to clients. Ultimately, the Task Force on AI seeks for the New York State Bar Association to incorporate its recommendations into the Rules of Professional Conduct. (Published April 8, 2024; Source: Legal Dive)
BLIP Spotlight
ETF Spots and Crypto Bots: The Evolving Frontier of Fintech Law and Policy
On April 5, Commissioner Hester M. Peirce of the Securities and Exchange Commission joined Brooklyn Law School for a Q&A moderated by Blip Clinic Professor Jonathan Askin.
In addition to BLIP students and the larger BLS community, attendees included members of the press covering fintech. In an April 8 ETF.com article titled “SEC's Peirce Criticizes Agency for Spot Bitcoin ETF Mania”, reporter Lucy Brewster touched on Commissioner Peirce’s rationale for what Brewster termed as the ‘mania’ surrounding Bitcoin ETFs entrance into the market. Commissioner Peirce said in part that the SEC’s approach to Bitcoin ETF approvals built up “so much attention” that when combined with “the [tech glitch] problems” around the launch, it resulted in somewhat of a spectacle. Peirce noted that “it is just not a healthy way for [the SEC] to be improving things.”
Throughout the discussion, Peirce underscored her belief that the prescribed objectives of the SEC do not necessarily conflict with innovation, as well as the importance of innovation in Fintech and the need for the Commission to be more accessible to the public. More insights from Commissioner Peirce can be found in BLS’s summary of the event.
Legal Hackers x BLIP Hackathon Winner:
Joseph Verde, class of 2026, is the winner of the BLIP x Legal Hackers Hackathon! The competition called for a proposal detailing a legal and technology-based solution for any issue within the broader topic of political process reform.
Verde recommended addressing the escalating impact social media platforms have on elections. He proposed that additional regulations should be placed on social media companies, arguing in part that the companies should be required to maintain political/public files akin to the requirements of 47 CFR § 73.3526.
Verde made the case that subjecting social media companies to the same standards as traditional broadcasters would enable candidates to engage in the political process on popular platforms without concerns of private censorship. He also argued that such regulation would benefit voters, allowing them to independent and better-informed decisions about political candidates.
IPLA and BESLS Alumni Dinner:
IPLA and BESLS held their Alumni Dinner on April 11. Reza Sarbakhsh, class of 2008, was IPLA’s honoree while BESLS honored David L. Bayer, class of 2013. Michelle Agivav, class of 2024, was one of many BLIPicians who attended the dinner. “It was a great way to finish off a packed yet rewarding year for both organizations and speak with Brooklyn Law School alumni,” Agivav said.
That’s all for this edition!
BLIP Newsletter Editorial Team