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Key point: New York becomes the second state — after California — to enact an AI frontier model law, while the governor’s veto of the New York Health Information Privacy Act will be a welcome result for organizations that criticized the bill as unworkable.

In the last two weeks, New York Governor Kathy Hochul took action on numerous bills the New York legislature passed before it closed in June. Among those actions, Hochul signed four AI-related bills — including a bill regulating AI frontier models — and vetoed a controversial health data privacy bill. We discuss each of those bills in the article below.

In addition to these bills, earlier this year, New York lawmakers enacted three other AI-related laws — the Algorithmic Pricing Disclosure Act, a companion chatbot law, and a law regulating the use of algorithmic pricing by landlords.

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Key point: Courts are split over whether use of the Meta Pixel to share URLs of videos users watch qualifies as disclosure of PII under the VPPA, even when they apply the same “ordinary person” test to nearly identical allegations.

Earlier this year, the Second Circuit joined the Third and Ninth Circuits in adopting an “ordinary person” standard to determine whether a defendant’s disclosure of information constitutes disclosure of personally identifiable information (PII) prohibited by the Video Privacy Protection Act (VPPA). Although this standard initially appeared more restrictive — and thus more favorable to defendants — than the “reasonable foreseeability” standard the First Circuit adopted in 2016, recent decisions by courts within the Second and Ninth Circuits have instead revealed a split in how district courts apply this test to nearly identical allegations, resulting in different outcomes on motions to dismiss.

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In this episode of our special 12 Days of Regulatory Insights podcast series, Ashley Taylor, co-leader of Troutman Pepper Locke’s State AG team, sits down with Privacy and Cyber chair Ron Raether to discuss how state attorneys general (AGs) are shaping the regulatory landscape for social media and the broader ad tech ecosystem.

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In this episode of The Consumer Finance Podcast, Chris Willis is joined by colleagues Jason Manning, Angelo Stio, and Rob Jenkin to unpack the surge of litigations arising from the use of tracking technologies (e.g., cookies, pixels, and session tools) on websites. This episode explains how plaintiff firms are repurposing federal and state wiretap and “trap-and-trace” laws, as well as the Video Privacy Protection Act (VPPA), to assert claims associated with a business’s use of tracking technologies without consent. 

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Key point: Courts are concluding that not all data breaches should result in a lawsuit. Businesses need to consider causation and damages when responding to an incident and take steps to determine if there is no evidence of harm or traceability including on a class wide basis.

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Renowned Privacy Law Attorney Brings Extensive Experience in State Legislation and AI Regulation, Strengthening Firm’s National Reach and Service Offerings

David Stauss has joined Troutman Pepper Locke as a partner in the firm’s Privacy and Cyber Practice Group. A distinguished authority in privacy, information security, and AI law, Stauss brings…