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July 5th, 2023
What Are “Data Clean Rooms”?
Privacy & Data Security Group Chair, Daniel M. Goldberg is quoted in the article, "What Are 'Data Clean Rooms'?" published by The Markup. The article discusses the use of "data clean rooms" including proper implementation, privacy concerns, and their effectiveness in privacy regulation. Daniel is quoted saying, "So there is no silver bullet. Every clean room operates somewhat differently. It’s all subject to what the vendor is actually doing. So just like anything, it’s a marketing buzzword in a lot of ways, and the devil is in the details.”
Daniel notes that the use of clean rooms is a positive thing and believes a lot of good work has been done to integrate their use in the industry. However, he cautions that simply using a clean room does not relieve companies of their regulatory responsibilities. He adds, "While the use of clean rooms may reduce their risks, “it can’t just be like, ‘Oh, we use it, therefore we don’t have to comply with anything because we’re no longer subject to privacy law.'"
Daniel recommends the use of data clean rooms be disclosed in a company’s privacy policy. "I would say the number one concern is the lack of knowledge from consumers that this is actually happening. There’s an issue where these clean rooms don’t have a direct relationship for the most part with consumers.… How could a consumer ever figure this out?”
In conclusion, he says, "If you’re going to engage in data clean room activities, you need to make sure that you’re giving users [a] choice about this. And if they want to be able to opt out, you should allow them to opt out.”
Read the full article here.
Other Quoted
4 Takeaways From 1st Opinion on AI Training and Fair Use
Law 360 quotes Jacqueline Charlesworth on the Third Circuit ruling granting summary judgment to Thomson Reuters, in a case alleging tech startup ROSS Intelligence infringed copyrighted material from Thomson Reuters’ Westlaw platform to create a competing legal research tool. Ms. Charlesworth stated the ruling is significant because many AI companies are asserting transformative use, in interpreting The Andy Warhol Foundation v. Goldsmith case. (Behind paywall) View Article
February 13 2025
Thomson Reuters Prevails in Copyright Battle with AI Company
MediaDailyNews quotes Jeremy S. Goldman on the federal court decision that Ross Intelligence infringed Thomson Reuters’ copyright by training its services using Westlaw summaries, known as “headnotes.” Mr. Goldman states the ruling could impact lawsuits by other copyright owners over the use of their material to develop AI. However, he distinguishes some of the high-profile cases such as those against OpenAI in training ChatGPT. He notes OpenAI argues it did not copy material to compete with authors and publishers but to create its language model and technology. View Article
February 12 2025
What a Character
Boston College Law School Magazine quotes Jeffrey A. Greenberg in a profile of Michael Schiffer, founder of S2 Advertising Law, and the former legal director at Twitter. The article titled "What a Character" notes that Mr. Greenberg was on the hiring committee that recruited Mr. Schiffer to join Frankfurt Kurnit’s Advertising group, where he worked for more than 10 years. View Article
February 11 2025