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September 27th, 2022
Metaverse IRL: Tackling Privacy Amid the Rampant Hype and Burst of Deals
Privacy & Data Security Chair Daniel M. Goldberg and Interactive Entertainment Co-Chair Gregory Boyd are quoted in Cybersecurity Law Report’s article, “Metaverse IRL: Tackling Privacy Amid the Rampant Hype and Burst of Deals.” The article discusses privacy issues that lawyers have encountered during real-life metaverse dealmaking and counseling.
Daniel is quoted saying, “Higher sales of headsets and the rise of platforms in 2022 raises the possibility of a mobilization to provide metaverse app experiences. Within the platforms, there will be opportunities for developers to release and be part of that. I see this as most comparable to the app gold rush of the early 2010s when Apple’s App Store opened.” Apple is working on a headset and platform, and has obtained trademarks for Reality One and Reality Pro. “When Apple opens its Reality Whatever, a number of companies can rush out and try to build the first apps for that Reality metaverse,” Daniel said.
The emergence of this new tech market follows the pattern that innovation darts ahead of careful privacy planning. Daniel says, “A lot of these metaverse companies start off scrappy and small, and their goal is just to get the product out there. They’re not always thinking about the privacy issues when they explode. Then they have to retroactively figure it out.” Over half the young tech companies that Gregory Boyd encounters have run up a so-called privacy debt. Greg is quoted saying, “It’s probably seven out of ten. ‘We have a product making a lot of money. Can you help us shove some privacy in here?’”
Daniel says, “Metaverse privacy work, at core, involves upholding longstanding principles.” “Privacy is supposed to be technology agnostic.” Immersive worlds, for example, have faced COPPA restrictions since 1998, he observed.
Full article here. (Behind paywall)
Other Quoted
An Influencer Gained Followers as She Documented Her Weight Loss. Then She Revealed She Was on a GLP-1
Hannah E. Taylor is quoted in The Wall Street Journal about social media influencer Janelle Rohner, who shared her weight loss progression with diet and lifestyle tips, selling a paid course on nutrition. When Ms. Rohner posted she was taking a medication used for weight reduction and diabetes, her critics questioned her the legality of her advertising and e-commerce. The article stated, “Hannah Taylor, deputy managing partner and a partner in the advertising, marketing and public relations group at law firm Frankfurt Kurnit Klein & Selz, said proving an influencer acted fraudulently is a high bar because many jurisdictions require showing that the defendant had an intent to deceive. False advertising is typically easier to prove. Taylor said if someone had purchased the course believing that it led to Rohner’s weight loss, when in fact the medicine was the cause, that could be a material omission that could subject the influencer to false advertising liability.” View article.
May 30 2025
Mubi’s $24M Bet Just Made Agents Bullish Again. Here’s Why
Hayden Goldblatt is quoted in The Ankler article on Mubi’s purchase of Lynne Ramsay's film, “Die, My Love,” and what it meant for the Cannes market. He’s interviewed on “the real lessons from Cannes.” View article. (Behind paywall)
May 27 2025
A Federal Judge Ordered OpenAI to Stop Deleting Data
Daniel M. Goldberg is quoted in an Adweek article, which reported that a federal judge has ordered OpenAI to stop deleting output data from ChatGPT. This was part of The New York Times lawsuit, alleging OpenAI engaged in copyright infringement “by using ‘millions’ of articles published by the newspaper to train its AI model, which now directly competes with the Times’ content as a result.” The judge’s order seeks to preserve evidence in the Times’ case. Mr. Goldberg addressed mulitple implications of the order, which requires OpenAI to hold more data than they normally would. "That could make OpenAI more susceptible to security breaches, or shake the trust of consumers who expected their chatbot records to be deleted. There are also potential implications regarding energy use, storage and environmental impact that the judge may not have considered when making the order, Goldberg said." He also noted the order would trigger people's concerns about what it means for working with large tecnology providers.
May 21 2025
