Deepfake technology has significantly improved over the past few years, allowing for mainstream commercial uses. Deepfake technology is the use of synthetic image, video, or audio. While there are good uses such as protecting the identities of whistleblowers or victims and bad uses such as non-consensual pornography and elder fraud, the advertising industry is already demonstrating how synthetic media has great potential as a tool for advertisers.

Recently Associate Rod Ghaemmaghami co-authored with partner John Villafranco the Law360 article “Deepfake Best Practices Amid Developing Legal Practices.”  The article provides an analysis of deepfake use cases, describes legal tools available to protect against harmful uses of the technology, and suggests some best practices for responsible use of deepfake technology. 

For this episode of the Ad Law Access podcast, Rod discusses the article and reviews some of the best practices they recommend.
 
To read the article, please click here https://www.kelleydrye.com/getattachment/News-Events/Publications/Articles/Deepfake-Best-Practices-Amid-Developing-Legal-Land/Deepfake-Best-Practices-Amid-Developing-Legal-Landscape_Law360_Villafranco_April-2021.pdf.aspx?lang=en-US

Contact:

Rod Ghaemmaghami
Associate
rghaemmaghami@kellydrye.com
(310) 712-6192
www.kelleydrye.com/Our-People/Rod-Ghaemmaghami

John Villafranco  
Partner
jvillafranco@kelleydrye.com
(202) 342-8423
www.kelleydrye.com/Our-People/John-E-Villafranco

For additional information, please visit:

Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center/Privacy-and-Data-Security

Ad Law Access Blog - www.adlawaccess.com

Privacy and Information Security Practice Group Page -https://www.kelleydrye.com/Our-Practices/Regulatory-Government-Relations/Privacy-and-Information-Security-Counseling-and-Co

Deepfake Best Practices Amid Developing Legal Practices

Partner Alysa Hutnik addresses the angst around and what you need to be doing now relative to the California Consumer Privacy Act (CCPA).

CCPA passed in June of 2018 and will give California residents specific privacy rights related to their online activities starting January 1, 2020 and will require business to comply with a number of provisions including requirements to disclose data collection and sharing practices to consumers, grant consumers a right to request deletion of their data, grant consumers a right to opt out of the sale of their personal information, and a prohibition on selling personal information of consumers under the age of 16 without explicit consent.

For more information on the CCPA and other topics, visit the Advertising and Privacy Law Resource Center: 

https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

California Consumer Privacy Act (CCPA) (9:30)

Partner Alysa Hutnik and Special Counsel Jaclyn Metzinger discuss FTC v. Shire Viropharma, Inc. and what it means going forward.

See Ad Law Access - FTC Can’t Challenge Prior Acts in Federal Court Says Third Circuit https://www.adlawaccess.com/tags/ftc-v-shire-viropharma/

For more information on this and other topics, visit the Advertising and Privacy Law Resource Center: 

https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

FTC v. Shire Viropharma, Inc.: Will it limit FTC's ability to bring certain claims in federal court?

Alex Schneider reports on the first wave of GDPR fines. The cases serve as indicators of the kinds of technical violations enforcement officials are looking to deter as they police the EU’s new privacy regulation.

See GDPR Recap: Technical Violations Result in Steep Fines, In Latest Enforcement Actions for additional information https://www.adlawaccess.com/2019/04/articles/gdpr-recap-technical-violations-result-in-steep-fines-in-latest-enforcement-actions/

For more information on GDPR and other privacy topics, visit the Advertising and Privacy Law Resource Center: 

https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

GDPR Update (6:30)

Gonzalo Mon discusses the key legal issues companies need to think about before working with influencers.

Upcoming Webinar
Given the continuing growth in influencer and celebrity marketing to help create buzz, companies have additional worries about potential harm to their brands. Please join partner Gonzalo Mon for this 30-minute program on the legal issues surrounding social media influencers. This program will cover:
 
Key legal requirements for influencer campaigns
Notable enforcement actions, and what you can learn from them
Practical tips for managing influencers

Register here: https://kelleydrye.zoom.us/webinar/register/WN_XhXB34ZkQP6JalnahyU9zw
 
Who Should Attend?
Anyone who is new to influencer marketing or in need of a refresher should join us for this online-only event. The webinar will have something for everyone, including attorneys, influencers, agents, paralegals, marketers, social media managers, and executives.

For much more information on influencers, visit the Advertising and Privacy Law Resource Center: 

https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

Influencers and Endorsers: Understanding the Upfront Legal Requirements (9:10)

Christie Grymes Thompson, Chair of Kelley Drye's Advertising and Marketing Law practice, discusses what happens when things don't go right with influencers. 

Christie provides examples involving Kim Kardashian West and the rest of the Kardashian-Jenner family, the FDA, FTC, Truth In Advertising, Counter-Strike: Global Offensive, CÎROC Vodka, Sean "Diddy" Combs, Scott Disick, Bootea, Luka Sabbat, and Snapchat.

Upcoming Webinar
Given the continuing growth in influencer and celebrity marketing to help create buzz, companies have additional worries about potential harm to their brands. Please join partner Gonzalo Mon for this 30-minute program on the legal issues surrounding social media influencers. This program will cover:

• Key legal requirements for influencer campaigns
• Notable enforcement actions, and what you can learn from them
• Practical tips for managing influencers

Register here: https://kelleydrye.zoom.us/webinar/register/WN_XhXB34ZkQP6JalnahyU9zw

Who Should Attend?

Anyone who is new to influencer marketing or in need of a refresher should join us for this online-only event. The webinar will have something for everyone, including attorneys, influencers, agents, paralegals, marketers, social media managers, and executives.


For more information on influencers and many other advertising and privacy topics, please visit the Advertising and Privacy Law Resource Center:
https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

Influencers Gone Wrong (10:30)

John Villafranco walks through the options for challenging competitors’ claims. Find additional information on www.adlawaccess.com and https://www.kelleydrye.com/Our-People/John-E-Villafranco

For more information on challenging your competitor's claims and other issues, please visit the Advertising and Privacy Law Resource Center: 

https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

Challenging Competitors' Claims (28:00)

Following on a running theme of the Kelley Green Law Blog (https://www.kelleygreenlawblog.com/) and an article from 2019 (www.snipsmag.com/articles/93790-w…oposition-65-law), Special Counsel Joe Green explains what you need to know about California's Proposition 65 and some of the nuances that make “Prop 65” one of the more popular topics – and frustrating regulatory programs – that businesses confront.

What You Need to Know About California's Proposition 65 Law

Since the start of the pandemic, we have been receiving a lot of questions regarding products claiming to kill or otherwise inhibit viruses, bacteria and other germs. Following on from their recent webinar on this same topic (available here https://www.adlawaccess.com/2020/07/articles/webinar-replay-cleaning-up-from-2020-guidance-for-disinfectant-germ-and-virus-killing-claims/), partner Kristi Wolff and special counsel Joe Green answer some common questions they have been getting.

Important links:

Kristi Wolff - www.kelleydrye.com/Our-People/Kristi-L-Wolff

Joe Green -www.kelleydrye.com/Our-People/Joseph-J-Green

Kelley Green Blog - www.kelleygreenlawblog.com

Ad Law Access - www.adlawaccess.com

Food & Drug Law Access - www.fooddruglaw.com

Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

COVID-19 Response Resource Center - www.kelleydrye.com/COVID-19-Response-Resource-Center

Cleaning Up:  Answers To Common Questions About Disinfectant, Germ, and Virus-Killing Claims

A rundown of the latest legal issues impacting your business from Kelley Drye & Warren LLP. 

Please visit our website at kelleydrye.com.

What You Need to Know About California's Proposition 65 Law

Kelley Drye Legal Download

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