Author: Tori Noble

The Ninth Circuit upheld an important limitation on Digital Millenium Copyright Act (DMCA) subpoenas that other federal courts have recognized for more than two decades. The DMCA, a misguided anti-piracy law passed in the late nineties, created a bevy of powerful tools, ostensibly to help copyright holders fight online infringement. Unfortunately, the DMCA’s powerful protections […]

The White House’s recently-unveiled “AI Action Plan” wages war on so-called “woke AI”—including large language models (LLMs) that provide information inconsistent with the administration’s views on climate change, gender, and other issues. It also targets measures designed to mitigate the generation of racial and gender biased content and even hate speech. The reproduction of this […]

Within the next decade, generative AI could join computers and electricity as one of the most transformational technologies in history, with all of the promise and peril that implies. Governments’ responses to GenAI—including new legal precedents—need to thoughtfully address real-world harms without destroying the public benefits GenAI can offer. Unfortunately, the U.S. Copyright Office’s rushed […]

EFF has filed an amicus brief in Kadrey v. Meta, one of the many ongoing copyright lawsuits against AI developers. Most of the AI copyright cases raise an important new issue: whether the copying necessary to train a generative AI model is a non-infringing fair use. Kadrey, however, attempts to side-step fair use. The plaintiffs—including […]

The launch of ChatGPT and other deep learning quickly led to a flurry of lawsuits against model developers. Legal theories vary, but most are rooted in copyright: plaintiffs argue that use of their works to train the models was infringement; developers counter that their training is fair use. Meanwhile developers are making as many licensing […]

Federal court records belong to everyone. But one federal court in Texas lets patent litigants treat courts like their own private tribunals, effectively shutting out the public. When EFF tried to intervene and push for greater access to a patent dispute earlier this year, the U.S. District Court for the Eastern District of Texas rejected […]

Digital surveillance is ubiquitous. Corporate snoops collect information about everything we do, everywhere we go, and everyone we communicate with. Then they compile it, store it, and use it against us.   Increasingly, companies exploit this information to set individualized prices based on personal characteristics and behavior. This “surveillance pricing” allows retailers to charge two people […]