COMMENTS OF THE ELECTRONIC PRIVACY INFORMATION CENTER

The ADPPA will limit the collection and use of personal information to that which is reasonably necessary and proportionate to the purpose for which the information was collected. [...] Depending on the circumstances surrounding the AI-generated content, victims may also turn to various tort claims like defamation, false light, intentional infliction of emotional distress, and appropriation of name and likeness.51 To circumvent the challenge of identifying anonymous creators, victims may be able to sue the online platforms that host and circulate malicious AI-generated content if. [...] EPIC | Generating Harm: Generative AI’s Impact and Paths Forward 21 If, on the other hand, a user asks a generative AI tool to simply repeat a defamatory statement that the user enters into the tool, or to repeat harmful information from other sources, the tool may not materially contribute to the harm and may, consequently, benefit from Section 230 protection. [...] The relationship between the internet company and the third-party information provider matters for determining whether the third party provided the information.71 The types of services that Section 230 originally contemplated had users that directly provided information to the service, such as the Prodigy message boards that were the basis of the case that inspired Section 230.72 Search engines an. [...] OUTPUTS End-users of generative AI have already attempted to claim ownership over the outputs of generative AI tools, including several who have attempted to file for copyrights with the United States Copyright Office.102 The rising use of generative AI to create creative works and subsequent copyright filing attempts has been significant enough to prompt the Copyright Office to launch a new AI in.