October 26, 2023

Advertising Law News and Analysis

2 min

AI Deepfake Bill: Senators Contemplate the First Federal Right of Publicity

Senators introduced the "NO FAKES" Act to protect individuals from deepfake technology, creating a federal right of publicity. It addresses concerns about unauthorized AI-generated digital replicas and holds liable those creating or hosting them, while exempting certain uses. The bill may evolve as it progresses.

FTC Settles with Bankrupt Crypto Company, but Pursues CEO for Deceptive FDIC Claims

The Federal Trade Commission (FTC) settled with Voyager, a bankrupt crypto company, over alleged deceptive marketing practices. Voyager falsely claimed FDIC insurance on deposits, resulting in significant losses for customers. The settlement bans Voyager from related services and imposes a $1.65 billion judgment, with continued litigation against a former executive, highlighting the consequences of misleading claims in the crypto industry.

Tracking the Impact of Securities and Exchange Commission v. Jarkesy and Other Constitutional Challenges Against the FTC

In recent years, U.S. independent agencies have faced legal challenges concerning their constitutional and statutory authority. This includes Supreme Court decisions impacting the FTC and the CFPB. Challenges span areas such as removal, non-delegation, due process, and equal protection, with implications for other regulatory agencies. A Supreme Court ruling in the case of SEC v. Jarkesy will influence these disputes. Additionally, numerous cases challenge the FTC's constitutionality, including issues related to removal, non-delegation, due process, and equal protection, with the outcome of SEC v. Jarkesy potentially setting a precedent.

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