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Legal developments in data, privacy, cybersecurity, and other emerging technology issues

Posts from January 2023.

As seen from the recent release of the ChatGPT artificial intelligence (“AI”) tool, AI technologies have a major potential to transform society rapidly. However, the technologies also pose potential unique risks. Because AI risk management is a key component of responsible development and use of AI systems, the National Institute of Standards and Technology last week released its voluntary AI Risk Management Framework, which will be a helpful resource to assist businesses to responsibly incorporate AI into their processes, products and services.

Because the use of passwords alone is a relatively weak method to prove identity, enforcement agencies are ramping up pressure for companies to implement multi-factor authentication (MFA) both internally and to customers for online services. MFA makes it more difficult for cyber threat actors to gain access to networks and information systems if authentication information, such as passwords, is compromised through phishing attacks or other means. Below is information that may be helpful in assessing whether your company should implement MFA, and how to do so.

The Ohio Supreme Court recently ruled that the “Electronic Equipment” endorsement of a property insurance policy does not provide coverage for a policyholder’s losses following a ransomware attack.  In EMOI Servs., LLC. v. Owners Ins. Co., 2022-Ohio-4649 (Ohio 2022), the Ohio Supreme Court reversed an appellate court’s decision which held, among other things, that there was potential coverage under the “Electronic Equipment” endorsement because damage to software could constitute “direct physical loss of or damage” to covered property.  

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