Category:

Regulation

HIPAA And The Growth Of Technology

Earlier in 2019, a lawsuit was filed against University of Chicago Medicine, University of Chicago Medical Center, and Google. The suit claims that patient information was shared with google as part of a study aimed to advance the use of Artificial Intelligence, however, patient authorization was not obtained and the data used was not properly de-identified. In 2017, University of Chicago (UChicago) Medicine started sending patient data to Google as part of a project to look to see if historical health record data could be used to predict future medical events.

Recent Movements in Biometric Data Privacy

In 2008, the Illinois legislature introduced and passed the Biometric Information Privacy Act (BIPA), which became the first law of its kind in the US. BIPA was passed to protect individuals against the unlawful collection and storing of biometric information. While many states have enacted similar laws, BIPA remains the most stringent among its contemporaries.

Are Tech Companies Doing Enough to Combat Social Media’s Harmful Effects?

Today, we have entire generations of people who do not know life without the internet. Social medial plays a central role in the lives of these individuals. Originally created to serve a purely social function, social media platforms have changed. Many consumers even use sites like Twitter, Snapchat, and Instagram as their primary source of news. In addition, social media is an integral marketing tool for many businesses. No matter its function, no one can deny the presence of social media in our everyday lives. The impact of social media is so profound that it is worth considering its negative effects. In particular, social media companies must be cognizant to their platform’s impact on adolescents. Many Americans, mainly parents, feel social media companies are not doing enough. But are they required to do more? Should the government become involved, similar to their involvement in the Facebook privacy controversy?

YouTube and Google Face Largest COPPA Fine in History

Data protection measures have been increasingly crossing news headlines ever since the General Data Protection Regulation (GDPR) came into effect in 2018. However, data protection measures did not begin with the GDPR. In the United States, where there is a sectoral system in place, there have been regulations in place for years that monitor children’s online privacy (COPPA), health information (HIPAA), spam (CAN-SPAM), and even video rental history (VPPA). Despite these systems being implemented years ago, large companies still fail to properly comply with the requirements set forth. Recently, a settlement between YouTube and the FTC brought to light the importance of compliance with COPPA.

Methane Emission Regulation Newest Proposed Target for EPA Rollbacks

On August 29, 2019, the Environmental Protection Agency (“the EPA”) announced a proposed reconsideration amendment to an Obama Administration rule regulating the natural gas industry’s methane emissions. This proposal is in response to President Trump’s order for federal agencies to review their actions, purportedly to remove potential resource burdens. The EPA asserts that the changes will remove regulatory duplication and save the industry millions of dollars, but the savings may come at the expense of increasing the planet’s vulnerability.

When the American Dream Causes an American Nightmare

At first, the story of John Kapoor’s rise to the top of the pharmaceutical industry sounds like the American dream played out in real life. The first to attend college in his family, Kapoor graduated from Bombay University in India with a degree in pharmacy. He came to the United States after securing a fellowship at the University of Buffalo, and earned his Ph.D. in 1972. His scientific and business savvy was evident from the start – in a matter of a decade, Kapoor took over a struggling pharmaceuticals business, turned it around, and netted a personal gain of $100mm. From there Kapoor became a serial entrepreneur, with INSYS Therapeutics marking the pinnacle of his success. The company made him a billionaire, but later made him the target of a criminal racketeering investigation and the face of one of America’s darkest problems.

Regulating Artificial Intelligence – Is It Possible?

Artificial intelligence is all around us. Whether it exists in your iPhone as “Siri” or in complex machines that are detecting diabetic retinopathy, it is constantly growing and becoming a regular part of the modern day. As with any new technology, regulation surrounding artificial intelligence is becoming increasingly problematic. The question facing us now is how do we encourage further development without accidentally hindering its growth? Recently, the Food and Drug Administration has attempted to take steps toward further regulation of artificial intelligence by introducing a review process for medical artificial intelligence. This is just one instance of how regulation may affect the evolution of artificial intelligence.

Exploring COPPA through the FTC’s Complaint against TikTok

The Children’s Online Privacy Protection Act (“COPPA”) prohibits unfair or deceptive collection, use, and disclosure of the personal information of children on the internet. COPPA covers both website operators and app developers, and prevents collection of personal information without verified, written consent of parents. On February 27, 2019, the Federal Trade Commission (“FTC”) filed a complaint in U.S. District Court against TikTok, previously known as Music.ly. The complaint alleged that Music.ly knowingly violated COPPA when it collected data from children without written consent of parents. Music.ly settled for $5,700,000.00, the largest civil penalty obtained by the FTC for violations of COPPA.

FCPA Establishes Corporate Regulation of Text Messaging Apps

On March 12, 2019, the Department of Justice (“DOJ”) announced revisions of the Corporate Enforcement Policy in the Foreign Corrupt Practices Act. The changes now require company oversight of ephemeral messaging apps used by any employee, stock holder, or agent who discusses business records via the messaging platform. Publicly traded companies must now establish internal compliance policies to review use of ephemeral messaging services, provide ongoing oversight of the messaging services, and may want to completely prohibit the use of such messaging apps for business purposes.

How Will Recreational Marijuana Impact Illinois? 

During Governor-elect J.B. Pritzker’s election campaign, he heavily advocated for Illinois to be more accommodating to recreational marijuana usage. In Illinois, medical marijuana has already been legalized, and new bills are being introduced to make it more accessible. If recreational marijuana is legalized, Illinois will join ten states, and the District of Colombia, in its authorization.