Cyberspace Law Committee Newsletter - August 2019

Message from the Chair

Cheryl Dancey Balough

I am thrilled to announce that Law of Artificial Intelligence and Smart Machines: Understanding A.I. and the Legal Impact is now available for purchase and delivery! Our illustrious former chair, Ted Claypoole, edited this wonderful book authored by many of our committee members. You can read more about the book below and order a copy here.

The Law of Artificial Intelligence and Smart Machines

Ted Claypoole

Artificial intelligence and the use of smart machines are disrupting law and society. Companies, governments, and universities implement AI without a full understanding of its legal and regulatory threats. A new guide published by the ABA provides a comprehensive overview of the legal issues surrounding artificial intelligence and smart machines.

FEC Approves Distribution of Tokens to Campaign Volunteers

Stephen T. Middlebrook

The Federal Election Commission issued an advisory opinion approving a political campaign’s distribution of digital blockchain tokens with no monetary value to campaign volunteers as an incentive to engage in volunteer activities.

Facebook ‘Unfriended’ by Regulators, Hit with Historic Fines

Patrick McKnight

It’s been a rough few weeks for Mark Zuckerberg’s social media empire. Recent fines could represent important new precedents in how regulators approach online privacy issues. Facebook agreed to a record $5 billion settlement with the Federal Trade Commission.

Seventh Circuit Suggests that Unions Can Negotiate Workers’ Biometric Data Privacy Rights with Employers

Chris Hoffman

Miller v. Southwest Airlines Co., 926 F.3d 898, 900 (7th Cir. 2019) consolidated suits brought against Southwest Airlines and United Airlines by Illinois employees of the two airlines under the state’s Biometric Information Privacy Act (BIPA). At issue was whether employees could seek relief in court for alleged violations of BIPA when the airlines required employees to provide their fingerprints to clock in and out with the airline timekeeping systems. Judge Easterbrook concluded that they could not; instead, the employees must present their claim to an adjustment board under the Railway Labor Act (RLA).

Subcommittee News

While in DC, The Electronic Payments and Financial Services Subcommittee will meet to discuss recent developments in several areas: • Congressional Hearings on Facebook’s Libra • Litigation over how to classify cryptocurrency purchases on credit cards– Chase and State Farm cases • FATF Issues Guidance on Virtual Assets

Committee Member News

John Gregory has published a review of a new book. The book, titled Responsible AI: A Global Policy Framework, was published by iTechLaw. The review is available online here.

Call for Future Contributions

Do you have something that might make a good contribution to next month's Cyberspace Law newsletter? Email Tom Kierner with your blurb! Have a less Cyberspace-y contribution? It might be a good fit for Business Law Today. Email Juliet Moringiello, and she will help you with the submission process.