Artificial Intelligence

A recent ruling by the Southern District Court of New York sets a historical precedent for the use of generative AI platforms in the legal profession. The court found that a client’s prompts to a generative AI system and documents generated by AI to share with counsel are not protected by the attorney-client privilege or…

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With three new state privacy laws that took effect on January 1, 2026 (Indiana, Kentucky, and Rhode Island), adding to an extensive list of others, many organizations are discovering that their website privacy practices haven’t kept pace. Even those that updated their websites recently are finding hidden gaps, often due to unnoticed changes in technological tools and files, such as first and third-party cookies, third-party analytics software, and/or third-party scripts, tags, and pixels. A website audit can prevent enforcement issues and potential litigation or arbitration demands.

Key point: Recent legislative efforts in Massachusetts, seeking to add another comprehensive data privacy law to the national patchwork of state laws, and in California enacting a law to regulate AI development, occurred this week when the Massachusetts Senate unanimously sent Senate Bill 2608 to the state House, and California enacted the nation’s second substantive state law regulating AI.

Keypoint: Virginia becomes the second legislature – after Colorado – to pass an algorithmic discrimination bill – although the bill still needs to get through the state’s Republican governor to become law.

On February 20, Virginia’s Democrat-controlled legislature passed the Virginia High-Risk Artificial Intelligence Developer and Deployer Act (HB 2094). The bill next…

Welcome to the second edition of Byte Back AI, a weekly newsletter providing updates on proposed state AI bills and regulations, an AI bill tracker chart, summaries of important AI hearings, and special features. Starting January 6, 2025, Byte Back AI will be available only to paid subscribers. For more information on subscriptions, please click here.

As always, the contents provided below are time-sensitive and subject to change. 

Welcome to the first edition of Byte Back AI, a weekly newsletter providing updates on proposed state AI bills and regulations, an AI bill tracker chart, summaries of important AI hearings, and special features. The first two editions of Byte Back AI will be released for free on Byte Back. Starting January 6, 2025, Byte Back AI will be available only to paid subscribers. For more information on subscriptions, please click here.

Read the second complimentary edition here.

As always, the contents provided below are time-sensitive and subject to change. 

AI Illustration

Keypoint: The New York Department of Financial Services (NYDFS) circulated an industry letter offering guidance to NYDFS “Covered Entities” for assessing and managing AI-related cybersecurity risks, including threats malicious actors using AI and the risks associated with a Covered Entity’s own AI systems.

The NYDFS industry letter (“Letter”) recognizes that Covered Entities can leverage AI to enhance their cybersecurity posture. The department contends that doing so would bolster entities’ compliance with NYDFS cybersecurity regulation 23 NYCRR Part 500 (“Part 500”).