Janel Thamkul

Privacy Isn’t a Policy, It’s a Design Choice The $530,000 settlement between California’s Attorney General and Sling TV is a wake-up call: privacy failures often start in design, not in fine print. Sling TV buried its opt-out behind cookie settings that didn’t actually stop data sharing. Users had to hunt for hidden links and fill out redundant forms even when the company already had their info. No in-app opt-out, no clarity, no generosity toward the user. Now the company must redesign its interfaces to make privacy controls simple and visible the way they should’ve been all along. Because real privacy isn’t written in 30-page policies. It’s built into the experience. #PrivacyByDesign #UXDesign #DataEthics #CCPA #UserExperience #Trust https://lnkd.in/eH8RjNDU

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“The law introduces new obligations for AI developers, establishes incident reporting mechanisms, creates research initiatives, and provides robust whistleblower protections.” https://lnkd.in/ej3qviAD

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Starting January 1, 2026, California’s Transparency in Frontier Artificial Intelligence Act (SB 53) will impose sweeping new obligations on developers of advanced foundation models. Check out our guide that breaks down: ✅ Who qualifies as a “frontier developer” or “large frontier developer” ✅ What compliance steps are required — from publishing AI frameworks to catastrophic-risk assessments ✅ How this law fits into the broader U.S. and global AI regulatory landscape. 🔗 Read more: https://lnkd.in/epRUcmfg or click below. Special thanks to my co-author Mallory Acheson, CIPP-EU/M, FIP. As always, thanks to our AI Task Force contributors for their insights and leadership in this space. Follow Nelson Mullins' Idea Exchange for more thought leadership from our AI Task Force or subscribe to emails from the Nelson Mullins AI Task Force blog. Geof Vickers Daniel Lumm Amanda Witt Joe Damon Franklin Chou Steve Augustino John Heitmann Jack Pringle, CIPP-US Jennie Cunningham Jackson Parese Johnathan H. Taylor Leslie Green

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How do we get the word out about potential attacks on LLMs in healthcare? Blind reliance on AI chatbots in medical settings is creating openings for bad actors to inject malicious prompts and poison finely-tuned models to offer incorrect and dangerous recommendations. There is an excellent and easy-to-read article in the respected journal Nature about this very issue. https://lnkd.in/emWrMyuJ Thank you Associate Professor Ray O'Sullivan FRCSEd FRCOG MRCPI MSc DipBME DipCyber for highlighting this.

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📢 Global Privacy & AI Laws Evolving Fast! Here's a quick rundown of key recent developments you need to know: 👇 California's CIPA & Chat Communications: The Ninth Circuit Court of Appeals has clarified that California's Invasion of Privacy Act (CIPA) Section 631(a) only applies to telephone communications, not internet-based chats. This is a significant ruling for businesses using website chat functionalities, affirming that services like Salesforce operating such chats don't violate this specific section of CIPA. 📞💬 EU Copyright Law & Generative AI: A new study from the European Parliament Research Services (EPRS) sheds light on a critical issue: only works with identifiable human input can gain copyright protection in the EU, leaving AI-generated content in a legal grey area. The study also highlights challenges with AI training on copyrighted data and unclear opt-out mechanisms. Lawmakers are urged to clarify rules to keep pace with generative AI. 🤖✍️🇪🇺 California's New AI Employment Rules: Big news for HR and tech! California is set to enforce new rules prohibiting the use of AI tools in employment decisions if they lead to discrimination based on protected traits like age, gender, or disability. This applies to everything from resume screening to job ads, aiming to ensure fair AI usage and uphold anti-discrimination laws. 💼⚖️🚀 Spanish DPA Fines ASNEF for GDPR Breach: The Spanish data protection authority (AEPD) has fined ASNEF €200,000 for unlawful processing of personal data and failing to respond to an erasure request under GDPR. This underscores the importance of proper data notification, accurate record-keeping, and fully honoring individuals' data rights. A stark reminder for all organizations! 🇪🇸🔒💰 #DataPrivacy #AILaw #GDPR #California #EUCopyright #EmploymentLaw #TechRegulation #LegalUpdate #StayInformed #PrivacyCompliance #DPO #LegalHead

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Really insightful analysis from Paul Gunther at The Cybersecurity Law Report on California's new Transparency in Frontier Artificial Intelligence Act (TFAIA), which requires developers of large-scale frontier models to implement safety protocols and publicly disclose risk assessments starting January 1, 2026. Read the full analysis in The Cybersecurity Law Report, featuring insights from me and other AI law practitioners on compliance requirements and practical implications. https://lnkd.in/eH4qquH5

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California Assembly Bill 322 is being considered by the Senate Appropriations Committee. It aims to update the California Privacy Protection Act (CCPA) with new rules for handling precise geolocation data, defined as location data that pinpoints a consumer within 1,850 feet. The bill includes restrictions for businesses on collecting or processing geolocation information beyond what is necessary and prohibits retaining this information longer than necessary or for more than one year after the consumer's last interaction. Businesses cannot sell, trade, or lease this data and must give clear notices to consumers about what geolocation data is collected, why it's collected, and how it will be used. This bill comes after California's investigation into the location data industry, which focused on protecting consumer rights. You can read more here: https://lnkd.in/eC6F3gNH

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California has set a new benchmark for AI oversight. Governor Newsom has signed SB 53, the Transparency in Frontier Artificial Intelligence Act (TFAIA), the first law in the nation focused on safety and accountability for “frontier” AI models. Read highlights of the TFAIA and explore what this means for the broader tech landscape. https://gag.gl/agJvVd

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#2 of CalPrivacy's "7 Things to Know Before 2026 #CCPA Updates Take Effect" is an easy fix but obvious to regulators if you don't make it. Make sure to configure your CMP to display the user's #GPC and opt-out status before January 1. Don't forget: a #GPC enforcement sweep is currently in process.

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📰 𝗖𝗮𝗹𝗶𝗳𝗼𝗿𝗻𝗶𝗮’𝘀 𝗨𝗽𝗱𝗮𝘁𝗲𝗱 𝗖𝗖𝗣𝗔/𝗖𝗣𝗥𝗔 𝗥𝗲𝗴𝘂𝗹𝗮𝘁𝗶𝗼𝗻𝘀 𝗡𝗼𝘄 𝗶𝗻 𝗘𝗳𝗳𝗲𝗰𝘁 California’s updated CCPA/CPRA regulations officially took effect January 1, 2026—ushering in stricter consent requirements, UI/UX design rules, broader access rights, and new risk ‑assessment and audit obligations. These changes follow the California Privacy Protection Agency’s rule approvals from September 2025. 𝗪𝗵𝘆 𝗶𝘁 𝗺𝗮𝘁𝘁𝗲𝗿𝘀 Even organizations not headquartered in California can fall under these rules if they handle California residents’ data. The new requirements elevate expectations for consent, transparency, dark ‑pattern avoidance, and algorithmic‑decision‑making oversight. Companies that have delayed updates will feel pressure in the coming months as regulators begin looking for compliance. 𝗞𝗲𝘆 𝗶𝗺𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻𝘀 🔹𝗨𝗜/𝗰𝗼𝗻𝘀𝗲𝗻𝘁 𝘂𝗽𝗱𝗮𝘁𝗲𝘀 𝗿𝗲𝗾𝘂𝗶𝗿𝗲𝗱: No more “close to accept” dark patterns; GPC signals must be visibly honored. 🔹𝗘𝘅𝗽𝗮𝗻𝗱𝗲𝗱 𝗮𝗰𝗰𝗲𝘀𝘀 𝗿𝗶𝗴𝗵𝘁𝘀: Individuals may request data extending beyond 12 months. 🔹𝗥𝗶𝘀𝗸 𝗮𝘀𝘀𝗲𝘀𝘀𝗺𝗲𝗻𝘁𝘀 𝘀𝘁𝗮𝗿𝘁 𝗻𝗼𝘄: ADMT obligations are required for significant decision‑making use cases. 🔹𝗔𝘂𝗱𝗶𝘁𝘀 𝗰𝗼𝗺𝗶𝗻𝗴: Cybersecurity‑audit attestations will phase in from 2028–2030 for companies meeting revenue thresholds. If your organization touches California data, now is the time to confirm UI compliance, refresh access request workflows, and stand up a risk assessment program. The Beckage Firm: Tech, Data Security & Privacy Law Firm can guide you through these updated obligations. ⛓️‍💥 𝗦𝗼𝘂𝗿𝗰𝗲: https://lnkd.in/gqm-Zr9p **Attorney Advertising** #TheBeckageFirm #CardinalStrong #CCPA #CPRA #CPPA #DataPrivacy #Compliance

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Assembly Bill 1355 would require opt-in consent for collecting and sharing geolocation data, a targeted approach that reflects growing national concern over surveillance and use of sensitive data.

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EP 97 will be released at 9:00 A.M. EDT tomorrow morning (Feb. 2, 2026) with Jaime Siegel. Many of you know that I have worked in IP ecosystems, particularly patent litigations for nearly two decades prior to my role at VPG, and starting three podcasts. I met Jaime during my previous life in patent litigation, as we supported a global corporation while he was managing some litigations. We have not crossed paths for at least fifteen years, if not longer. When I asked Jaime to be a podcast guest, he agreed and it was one of the most amazing chat, finding out so much about each other, the grit, how we got started, how we build, how we handled rejections and bounce back! You won't want to miss this! Video link for tomorrow 9:00 A.M. EDT https://lnkd.in/emH3GHyU   Jaime and I also discussed the importance of mentors and the lasting impact they can have on your career. Jaime shared a powerful perspective—that a mentor can sometimes “know better than you,” and that having someone who truly cares enough to guide you can be a real advantage. Mentors help you make smarter decisions, stay the course when things get difficult, and see opportunities you might miss on your own. Their insight and investment can shape not just your next move, but your long-term growth. Virtual Patent Gateway, LLC

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"Since taking over the agency, Squires has issued a flurry of new guidance and rules, including making it harder to challenge inventions and making more types of technology available for patents, including machine learning. "If there is any one thing I am going to accomplish in my tenure, it's this — making sure the door to the patent office is wide open to transformative technologies," he said." ... "We are replacing the wasted time, money and opportunity with 1,100 new examiner hires underway, new incentives and bonuses, and new IT tools, including AI-enhanced search," Squires said. That tool is a pilot called ASAP!, for AI-Assisted Search Pilot, which allows applicants and examiners to search for prior art faster. "With AI, there's no excuse for missing prior art," he said. Squires also touched on the U.S. government shutdown, which started shortly after he was sworn in. "I've been assured it's nothing personal," he joked, before saying the USPTO is still "open for business" because it is funded by user fees. The office has reserves of more than $1 billion, Squires said, noting that it's enough to cover operations "through the end of year, and then some if needed."

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The Privacy Law Section has released the latest update in its California Legislative Series: “Signed and Vetoed California AI, Privacy, and Technology-Related Bills,” authored by Kewa Jiang. This is the latest installment in the California Legislative Series, with more articles to come exploring key developments in California’s AI, privacy, and technology laws. 🔗 Read the full article here: https://lnkd.in/gdK93JJ4

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In this LawFlash I cover the California Courts' adoption of rules governing their own use of generative AI, and the implications and practical considerations for litigants. California lawyers, and all those who follow the emerging standards around these rapidly evolving technologies, read on! #wearemorganlewis #edata

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This concern applies similarly for those of us in in-house roles. Part of educating and upskilli g your workforce must include reminders about how and when these legal privileges apply and that queries about legal subjects on publicly available models can be useful when following g governance guidelines , but without properly defined safeguards can unintentionally create legal risk. I suspect we will see more of these cases.

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On JD Supra: New CA law would impose comprehensive requirements on the development, deployment, and use of artificial intelligence (AI) systems, subject to certain exceptions. The proposed law focuses on transparency, accountability, and risk mitigation.

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