Tech Brings Authentication Challenges in Ad and IP Cases

With the ability to decipher the “authenticity” of any experience diminishing regularly, many wonder whether the legal profession is prepared for the chaos to come. In their article for Law360 titled “Tech Brings Authentication Challenges In Ad And IP Cases,” Chicago partner Darren Cahr and Washington, D.C., associate Tore DeBella examine the way the law interacts with new technologies and marketing innovations, including influencer campaigns, bots, consumer reviews, specimens, and deep fakes.

Darren and Tore conclude that a new taxonomy of authenticity and trust within the law must be created, including the development of new causes of action and evidentiary rules. If this is not done, they argue, the legal profession will be overwhelmed by more extreme technology just over the horizon. Specifically, they discuss the potential for new laws addressing unauthorized digital editing akin to defamation per se, standards for contracts in the authentication process, and rules for augmented reality advertising.

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