Blog Post

How Many Clicks Does it Take to Get a Subscription Cancellation?

March 13, 2025

By: Timothy Fitzpatrick

We today live in a world dominated by the internet. In turn, dominating the internet is a litany of major problems. One of these major problems is that which drains wallets via automatic renewals of memberships and subscriptions, and which often entices consumers via free trials. It is known as the negative option subscription, and it has been taken on once again by the FTC.

In October, the Federal Trade Commission, or FTC, announced that it has finalized a rule further regulating negative option subscriptions.[1] These types of subscriptions include those free-trial and automatic renewal subscriptions that have come to control how we access things on the internet, from streaming services to Amazon Prime memberships to New York Times subscriptions. They are defined by their continuity for as long as the consumer does not cancel them, and more often than not by how many roadblocks there are to that cancellation.[2] The new FTC rule will change that by requiring that they be as easy to cancel as they are to enter.[3]

Billed as a “click-to-cancel” rule, is a response to a steady increase of complaints to the FTC regarding negative option subscriptions.[4] Since the pandemic, the number of daily complaints on average has nearly doubled as our world has become more reliant on internet-based services and, by extension, more subjected to online subscriptions.[5] While the FTC has had negative option rules since 1973, which at the time concerned prenotification and continuity plans for book clubs and newspaper deliveries, new problems have since arisen.

The new rule, set to go into effect January 14^th, 2025, and requiring compliance by May 14^th, does much more than just require negative option plans to be as easy to cancel as they are to enter.[6] It also requires that notice is provided up front when a consumer enters an automatically renewing subscription as well as express consent from the consumer to enter.[7] Furthermore, the rule will crack down on the misrepresentation of subscriptions in advertising to ensure that consumers know what they’re getting into.[8] Violators of the rule will have to provide redress and may even face civil penalties.[9]

In passing the finalized rule, the Commission was split three to two with Commissioner Melissa Holyoak providing a dissenting opinion.[10] In the dissent, Holyoak stated that the new rule was far too broad and unlikely to survive a legal challenge.[11] Holyoak also stated that the allegedly rushed-out rule was a political maneuver for the Commission Chair’s “favored presidential candidate,” Kamala Harris, who just weeks later would lose the election.[12]

Despite the strong dissenting opinion, the change will likely be one that is welcomed by the public without regard to political stance; there were 16,000 comments on the notice of proposed rulemaking, many of which had been written by consumers celebrating the proposal.[13] With the rule’s entry onto the Federal Register, it is all but certain that we will soon need far fewer clicks to cancel our subscriptions.

Sources:

Mitchell J. Katz, Federal Trade Commission Announces Final “Click-to-Cancel” Rule Making it Easier for Consumers to End Recurring Subscriptions and Memberships, FTC (Oct 16, 2024), https://www.ftc.gov/news-events/news/press-releases/2024/10/federal-trade-commission-announces-final-click-cancel-rule-making-it-easier-consumers-end-recurring
FTC Focuses on Subscription Offerings and Negative Options, Reed Smith (July 18, 2023), https://www.reedsmith.com/en/perspectives/2023/07/ftc-focuses-on-subscription-offerings-and-negative-options
Katz, supra note 1.
Negative Option Rule, 89 Fed. Reg. 90537 (Nov. 15, 2024) (to be codified at 16 C.F.R. pt. 425).
Katz, supra note 1.
Negative Option Rule, 89 Fed. Reg. 90537 (Nov. 15, 2024) (to be codified at 16 C.F.R. pt 425).
Id.
Id.
Id.
Dave Michaels and Joseph Pisani, Ending Subscriptions Will Get Easier With New “Click-to-Cancel” Rule, Wall St. J. (Oct. 16, 2024, 6:43 PM), https://www.wsj.com/politics/policy/canceling-subscriptions-is-torture-the-government-wants-to-make-it-easier-for-you-7ad7a247
Melissa Holyoak, Dissenting Statement, FTC (Oct. 16, 2024), https://www.ftc.gov/system/files/ftc_gov/pdf/holyoak-dissenting-statement-re-negative-option-rule.pdf
Id.

13. Katz, supra note 1.

Is Your Local Park Safe? The Hidden Risks of Synthetic Turf Grass

March 6, 2025

By: Madison McCarthy

Synthetic turf is everywhere—from your kid’s playground to local sports fields to professional stadiums. Praised for its durability and low maintenance, it’s clear why this grass alternative has gained popularity. However, beneath the lush green surface, synthetic turf fields raise concerns about health risks, environmental impact, and a lack of regulatory oversight.

The health impacts of synthetic turf are among the most pressing issues in the debate over its regulation. Research has shown that certain materials commonly used in synthetic turf, particularly crumb rubber infill, can contain potentially harmful chemicals, including heavy metals, the “forever chemicals” known as PFAs, and volatile organic compounds (VOCs).^{1, 2} Studies linking these chemicals to cancer and respiratory issues have raised alarms, especially when considering that young athletes spend years playing on these fields.^{3, 4}

In addition to health risks, synthetic turf fields pose substantial environmental concerns. Unlike natural grass, which can help mitigate urban heat, synthetic turf can exacerbate the urban heat island effect, with field temperatures sometimes exceeding 160°F on hot days.⁵ Furthermore, the synthetic fibers used in the turf grass blades contribute to microplastic pollution, contaminating water sources and threatening local ecosystems.^{6, 7} Lastly, when fields reach the end of their lifespan—usually within 8 to 10 years—the disposal of synthetic turf poses significant waste management challenges.⁸ The tires recycled to create these fields ultimately end up where they came from: landfills.⁹

Beyond the environmental damage, there are additional concerns for athletes’ safety. While great for softening athletes’ impacts, the turf’s surface has been linked to various potential health issues, from skin and respiratory irritations to increased rates of ACL injuries and concussions.^{10, 11, 12, 13, 14} Additionally, synthetic turf can become extremely dangerous on hot days, reaching temperatures up to 60 degrees hotter than natural grass.^{15, 16} This presents a considerable risk of heat stroke for athletes and children.¹⁷

Despite these risks, regulatory oversight is sorely lacking in the U.S., leading to a patchwork of state and local rules with inconsistent standards.¹⁸ Although the Environmental Protection Agency (EPA) and the Synthetic Turf Council have provided oversight regarding synthetic turf’s contents,^{19, 20} they have not provided comprehensive guidance detailing the long-term effects on athletes’ safety and health.²¹ Additionally, misinformation is being rapidly spread by turf field producers using limited inconclusive tests to gain localities’ trust.²² Companies claiming to be PFA-free have been found to be inaccurate.²³ Without regulatory oversight, communities face challenges in addressing misinformation and managing synthetic turf independently.

Some states, like California and New York, have taken proactive measures, funding studies, and limiting the use of certain materials in synthetic fields.^{24, 25, 26, 27} As Kelly Shannon McNeil, associate director of the nonprofit Los Angeles Waterkeeper, put it, “[w]e’re looking at all of the different ways we can limit exposure to PFAS in our communities, and banning synthetic turf would be an immediate opportunity to do so.”²⁸ New York has also taken steps to ban PFAs found in synthetic turf grass blades. A recent bill has been approved to amend the environmental conservation law to include a ban on PFAs in carpets, including “synthetic turf.”²⁹ New bills are being introduced to eliminate the use of crumb rubber in synthetic turf fields; however, they are still in the early phases.³⁰

Meanwhile, other states have adopted little oversight, meaning millions of players—kids and adults—are exposed to potential risks.^{31, 32} PEER Science Policy Director Kyla Bennett, a scientist and lawyer formerly with the U.S. Environmental Protection Agency (EPA), states that “[o]ur current embryonic state of regulation makes it difficult to trace the life cycle impacts of these highly toxic chemicals from production to disposal.”³³ In other words, conducting long-term research on this subject may be difficult without federal regulation mandating that turf fields be produced similarly.

While the U.S. lags in regulatory action, other countries have taken a different approach. The European Union, for instance, will phase out crumb rubber infill prospectively, given its potential health and environmental risks, and is moving toward banning microplastics in synthetic fields altogether by 2030.^{34, 35, 36} Canada has also been exploring changes to address safety and environmental concerns related to synthetic turf, and several provinces have initiated studies into alternatives that could lower health risks.³⁷

Moreover, many advocates are calling for a unified regulatory approach in the U.S. and suggest that the federal government set baseline standards to ensure nationwide safety. Proposed measures include mandating safer materials, implementing heat-mitigation guidelines, and establishing rules to hold field operators liable for injuries related to synthetic turf risks.^{38, 39}

However, there may be another option: organic grass. Advocates are pushing to include organically maintained natural grass in discussions over synthetic turf use.⁴⁰ Since synthetic turf must be replaced every 8 to 10 years, and no current recycling program exists, these fields can cause more harm than good when they end up in landfills.^{41, 42} States that replace the fields with organic grass instead might resolve these underlying issues.

For now, synthetic turf fields remain popular for their low maintenance and resilience, but as awareness grows, so does the call for greater accountability. Until stricter regulations or change take hold, experts advise that parents, players, and coaches exercise caution—especially on hot days—and keep pushing for transparency about the materials in their local fields.

Sources:

[1] Synthetic Turf/Recycled Tire Crumb Rubber, NAT. TOX. PROGRAM, (November 2015), https://ntp.niehs.nih.gov/whatwestudy/topics/syntheticturf.
[2] Evaluation of potential carcinogenicity of organic chemicals in synthetic turf crumb rubber, 169 ENV’T RESEARCH 163-72 (Elsevier, Feb. 2019), https://www.sciencedirect.com/science/article/abs/pii/S0013935118305528?via%3Dihub.
[3] Artificial Turf: Cancers Among Players, ENV’T. HUM. HEALTH, INC., https://www.ehhi.org/turf-cancer-stats.php.
[4] https://mountsinaiexposomics.org/artificial-turf/.
[5] Id.

[6] Mara Silgailis & Amy Goldsmith, The Turf is Artificial, But the Harm is Very Real, CLEAN WATER ACTION (Sept. 2024), https://cleanwater.org/2024/09/16/turf-artificial-harm-very-real.
[7] Dangerous Play: Studies find harmful ‘forever chemicals’ in artificial turf fields, PENNENV’T RSCH. POL’Y CENTER (March 2024), https://environmentamerica.org/pennsylvania/center/updates/dangerous-play-studies-find-harmful-forever-chemicals-in-artificial-turf-fields/#:~:text=Sadly%20the%20problems%20with%20synthetic,acute%20mortality%20in%20coho%20salmon.
[8] Candy Woodall, ‘Running out of room’: How old turf fields raise potential environmental, health concerns, YORK DAILY RECORD (Nov. 18, 2019), https://www.ydr.com/in-depth/news/2019/11/18/old-artificial-turf-fields-pose-huge-waste-problem-environmental-concerns-across-nation/2314353001/.
[9] Kathryn Dressendorfer, Artificial Turf: Why we shouldn’t choose plastic over plants, SURFRIDER FOUND., (July 4, 2023), https://www.surfrider.org/news/artificial-turf-why-we-shouldnt-choose-plastic-over-plants.
[10] Katerina Kerska, Injuries Related to Artificial Turf, NAT’L CENTER FOR HEALTH RSCH., https://www.center4research.org/injuries-related-to-artificial-turf/.
[11] Artificial Turf Health Risks, INST. FOR CLIMATE CHANGE, ENV’T HEALTH, AND EXPOSOMICS (July 2024), https://mountsinaiexposomics.org/artificial-turf/.
[12] Corey Grunberg, Turf Leads to More ACL Injuries: Fact or Fiction?, CUROVATE (Jan. 21, 2021), https://curovate.com/blog/turf-leads-to-more-acl-injuries-fact-or-fiction/.
[13] Mark Cote, Turf vs. Grass Injuries: What Athletes Need to Know, MASS. GEN. BRIGHAM (Jan. 30, 2024), https://www.massgeneralbrigham.org/en/about/newsroom/articles/turf-vs-grass-fields-sports-injury-prevention.
[14] Are ACL Tears More Common on Grass or Synthetic Turf?, MODERN TURF https://modernturf.com/are-acl-tears-more-common-on-grass-or-synthetic-turf/.
[15] Natural grass vs artificial turf: Everything sports organizations need to know about player safety, injury risk and, and legal implications, CAPILLARY FLOW (Sept. 13, 2023), https://www.capillaryflow.com/reports/examining-the-turf-safety-injuries-and-legal-implications-in-the-debate-between-natural-grass-and-artificial-turf-for-sports-surfaces.
[16] Health Impacts of Synthetic Turf, VIRGINIA DEP’T HEALTH (July 31, 2024), https://www.vdh.virginia.gov/environmental-health/public-health-toxicology/health-impacts-of-synthetic-turf/#:~:text=Heat%20Illnesses,fields%20can%20reduce%20temperatures%20temporarily.
[17] Katerina Kerska, Injuries Related to Artificial Turf, NAT’L CENTER HEALTH RSCH., https://www.center4research.org/injuries-related-to-artificial-turf/#:~:text=our%20article%20here.-,Heat%2DRelated%20Illness%20and%20Injury,turf%20field%20got%20much%20hotter.&text=For%20example%2C%20on%20a%2090,when%20it%20gets%20this%20hot.
[18] Philip Zuccaro, David C. Thompson, Jacob de Boer, Andrew Watterson, Qiong Wang, Song Tang, Xiaoming Shi, Maria Llompart, Nuno Ratola & Vasilis Vasiliou, Artificial turf and crumb rubber infill: An international policy review concerning the current state of regulations, 9 ENV’T CHALLENGES 100620 (Dec. 2022), https://doi.org/10.1016/j.envc.2022.100620.

[19] Synthetic Turf Field Tire Crumb Rubber And Exposure Characterization Research Under The Federal Research Action Plan, Response to Comments from External Peer Reviewers, U.S. ENV’T PROT. AGENCY (April 2024), https://www.epa.gov/system/files/documents/2024-04/epa-atsdr-tire-crumb-study-response-to-external-peer-review-comments.pdf.
[20] Synthetic Turf Council, https://www.syntheticturfcouncil.org/.
[21] Position Statement on the Use of Artificial Turf Surfaces, INST. FOR CLIMATE CHANGE, ENV’T HEALTH, AND EXPOSOMICS (July 5, 2024), https://mountsinaiexposomics.org/position-statement-on-the-use-of-artificial-turf-surfaces/.
[22] Industry Misinformation, SAFE HEALTHY PLAYING FIELDS, https://www.safehealthyplayingfields.org/industry-misinformation.
[23] Sue Chow, Artificial Turf Wars: People Fighting to Protect Their Communities, SIERRA CLUB, (May 30, 2024), https://www.sierraclub.org/loma-prieta/blog/2024/05/artificial-turf-wars-people-fighting-protect-their-communities.
[24] Shreya Agrawal, Once it was hailed as a drought fix — but now California’s moving to restrict synthetic turf over health concerns, CALMATTERS, (Oct. 23, 2023), https://calmatters.org/environment/2023/10/california-synthetic-turf-pfas/ (last visited Nov. 10, 2024).
[25] Synthetic Turf Studies, CAL. OFF. ENV’T HEALTH HAZARD ASSESS., https://oehha.ca.gov/risk-assessment/synthetic-turf-studies.
[26] B. Sakura Cannestra, Santa Clara County to study ban on artificial turf, SAN JOSÉ SPOTLIGHT (Apr. 17, 2024), https://sanjosespotlight.com/santa-clara-county-to-study-ban-on-artificial-turf-athletics-sports-fields-grass/.
[27] Mark Patton, Coastal Commission Denies UCSB’s Project for Artificial Turf at Uyesaka Stadium, NOOZHAWK (Dec. 14, 2023), https://www.noozhawk.com/coastal-commission-denies-ucsbs-project-for-artificial-turf-at-uyesaka-stadium/.
[28] Delilah Brumer, LA City Council committee seeks study of possible ban on artificial turf, LOS ANGELES DAILY NEWS (July 11, 2024), https://www.dailynews.com/2024/07/11/la-city-council-committee-seeks-study-of-possible-ban-on-artificial-turf/ (last visited Nov. 10, 2024).
[29] New York Governor Signs PFAS Bans in Apparel and Carpet, BUREAU VERITAS (Jan. 10, 2023), https://www.cps.bureauveritas.com/newsroom/new-york-governor-signs-pfas-bans-apparel-and-carpet.
[30] S. 7239, 2023 Gen. Assemb., Reg. Sess. (N.Y. 2023), https://www.nysenate.gov/legislation/bills/2023/S7239 (temporarily suspending the installation of synthetic turf products that contain crumb rubber).

[31] Liz George, Council Calls for Time to Consider Three-Year Moratorium on Artificial Turf Installation, MONTCLAIR LOCAL, (Oct. 9, 2024), https://montclairlocal.news/2024/10/council-calls-for-time-to-consider-three-year-moratorium-on-artificial-turf-installation/.
[32] Maura Keene, PFAS Legislation Proliferates Across The Nation, AMHERST INDY (Feb. 3, 2023), https://www.amherstindy.org/2023/02/03/pfas-legislation-proliferates-across-the-nation/.
[33] Kyla Bennett, PFAS in Artificial Turf Coats Players’ Skin, PEER, (Mar. 12, 2024), https://peer.org/pfas-in-artificial-turf-coats-players-skin/.
[34] Philip Zuccaro, David C. Thompson, Jacob de Boer, Andrew Watterson, Qiong Wang, Song Tang, Xiaoming Shi, Maria Llompart, Nuno Ratola & Vasilis Vasiliou, Artificial turf and crumb rubber infill: An international policy review concerning the current state of regulations, 9 ENV’T CHALLENGES 100620 (Elsevier, Dec. 2022), https://www.sciencedirect.com/science/article/pii/S2667010022001767.
[35] P. Zuccaro, et al., The European Union Ban on Microplastics Includes Artificial Turf Crumb Rubber Infill: Other Nations Should Follow Suit, 58 ENV’T SCI. TECH. 2591-94 (2024), https://doi.org/10.1021/acs.est.4c00047.
[36] Granules and mulches on sports pitches and playgrounds, EUR. CHEM. AGENCY https://echa.europa.eu/hot-topics/granules-mulches-on-pitches-playgrounds (follow “What is the EU doing?” hyperlink).
[37] Supra note 33.
[38] Tamela Trussell, Are Synthetic Playing Surfaces Doing More Harm Than Good?, SIERRA CLUB (May 20, 2023), https://www.sierraclub.org/pennsylvania/blog/2023/05/are-synthetic-playing-surfaces-doing-more-harm-good.
[39] Federal Action – EPA & CPSC, SAFE HEALTHY PLAYING FIELDS, https://www.safehealthyplayingfields.org/recent-action-federal.
[40] Synthetic Turf Fields, Forever Chemicals and the Safer Alternative: Organic Grass, BEYOND PESTICIDES (Mar. 27, 2024), https://beyondpesticides.org/dailynewsblog/2024/03/synthetic-turf-fields-forever-chemicals-and-the-safer-alternative-organic-grass/.

[41] Rebekah Thomson, Synthetic Turf Fact Sheet, MARTHA’S VINEYARD COMM’N (Sep. 2016), https://www.mvcommission.org/sites/default/files/docs/DR%201%202016%20HS%20Athletic%20Fileds%20Correspondence%20R%20Thomson%202016-09-06%202.pdf.
[42] “40,000 lbs in the average athletic field often end up in landfills when its lifespan runs out.” Carmela Guaglianone, As the world heats up, so does the debate around artificial turf, THE NEW LEDE (Aug. 20, 2024), https://www.thenewlede.org/2024/08/as-the-world-heats-up-so-does-the-debate-around-artificial-turf/.

“Taming the Energy Duck”: How Renewable Energy is Affecting Our Power Grid

November 5, 2024

By: Austin Dewey

Reliable energy is a commodity that every American has grown accustomed to. Whether plugging in our toasters in the morning to make the perfect bagel sandwich, maintaining comfortable temperatures in our living spaces during the winter, or being held on a ventilator at the hospital, having a reliable energy grid is essential to our society. Additionally, as we combat the current climate crisis, America has expanded its green energy infrastructure to where renewable energy generates over 20% of our electricity. [1] While this may sound like a promising step toward a sustainable future, our aging energy grid and infrastructure are running into a higher risk of failure with every green advancement, particularly with solar energy. This dilemma has been described as the Duck Curve Problem.

The top line of this graph represents the grid’s energy demand from nonrenewable sources over 24 hours, while the bottom line shows the demand when solar renewable energy is factored in. The significant drop in midday energy demand provided by solar energy, contrasted with the sharp rise in the evening, creates the famous ‘duck’ shape seen in the graph. This steep and quick rise in energy demand puts huge strains on nonrenewable power plants which risk overgeneration to compensate for the energy use differential. This imposes higher prices on consumers, causes infrastructure damage, and threatens our national security.

To curtail this problem, the Biden Administration, under the Infrastructure Investment and Jobs Act (IIJA), has launched a joint grid modernization initiative with twenty-one states toupgrade approximately 100,000 miles of existing transmission lines. [2] This will allow for advancements in battery technology, which will help store midday solar energy and allow for a gradual release of energy when the sun goes down, which will reduce the strain on power plants. Recently, the California Energy Commission has used IIJA funding to expand 100 miles to their power grid to allow multiple sources of renewable energy input such as wind and hydroelectric, to reduce the effects of the duck curve. [3] This is an effective solution because hydroelectric and wind energy input will buffer the drastic evening energy demand.

While the IIJA is a critical step toward enhancing the reliability of the U.S. power grid, further state-level legislative action is needed to meet renewable energy goals without posing a threat to our energy grid infastructure. California’s Energy Storage Mandate serves as a key example. This innovative mandate requires the state’s three major utility companies: Pacific Gas and Electric, Southern California Edison, and San Diego Gas & Electric to procure a combined 1,325 megawatts (MW) of energy storage over ten years. [4] This initiative has proven highly successful, as all three utilities have nearly met their procurement targets. [5] By expanding energy storage capacity, this legislation ensures more efficient use of renewable energy, reducing strain on the grid and helping to stabilize electricity prices during periods of high demand.

As we continue to expand renewable energy and modernize our grid, innovative green legislation in energy storage will be essential to overcoming the challenges of the Duck Curve and ensuring a reliable, sustainable future for America’s energy infrastructure.

____________________

[1] Renewable Energy, U.S. Dep’t of Energy, https://www.energy.gov/eere/renewable-energy (last visited Oct. 5, 2024).

[2] Biden Administration Partners with 21 States on Grid Modernization Initiative, S&P Glob. Commodity Insights (May 29, 2024), https://www.spglobal.com/commodityinsights/en/market-insights/latest-news/electric-power/052924-biden-administration-partners-with-21-states-on-grid-modernization-initiative.

[3] California Receives More Than Half a Billion Dollars in Federal Funds to Improve Power Grid, Off. of the Governor of Cal. (Aug. 6, 2024), https://www.gov.ca.gov/2024/08/06/california-receives-more-than-half-a-billion-dollars-in-federal-funds-to-improve-power-grid/.

[4] Cal. Assem. B. 2514, ch. 469, 2010 Cal. Stat.

[5] 2022 CAL. PUC LEXIS 171, 2022 CAL. PUC LEXIS 171

A Digital Dilemma: The Legal Responsibility of Tech Companies for Impacts on Mental Health

October 23, 2024

By Kaitlin Sommer

The emergence of social media has impacted our mental health in a way more complex than we may understand for hundreds of years. U.S. Surgeon General Murthy has called for warning labels on social media to remind users that this has not been proven safe.[1] Further, adolescents who spend a significant amount of time online are at risk for anxiety and depression.[2] So, what about the companies behind these platforms? What liability do they have, if any, to the effects of social media on the general public?

Currently, there is an ongoing lawsuit by more than 40 states who are suing Meta, one of the largest operators of several social media platforms.[3] The claims under this lawsuit are that Meta is responsible for harmful features such as “recommendation algorithms, social comparison features, infinite scroll, notifications and alerts, and photo filters” which all have negative links to addictive behavior and mental health conditions, like body dysmorphia.[4] This lawsuit requests remedies such as fines, penalties, and orders to stop using some problematic features.[5]

Additionally, there is litigation in one California court assessing the liability social media companies have about the potential effects on mental health.[6] The plaintiffs argue that failure-to-warn claims should be applied without a physical product at issue, and this would just be the law evolving to keep up with the times.[7] Opposing counsel argues this type of product liability is not applicable, since it tailors the experience to each user.[8] Similar lawsuits have been filed by parents, school districts, and attorneys general (AGs), claiming similar injuries.[9]

What About the Kids:

This question is being challenged specifically on behalf of children, and the impact it has on their development. New York, California, and Utah have passed similar laws allowing parents to have greater control over their children’s algorithms and social media uses.[10] California’s law defines an “addictive feed as a website or app in which multiple pieces of media generated or shared by users are … selected or prioritized for display to a user based … on information provided by the user.”[11]

TikTok’s defense to claims that it is misleading and threatening to adolescents is that they have already provided the safeguards necessary.[12] These protections include removing suspected underage users, “default screen time limits, family pairing, and privacy by default for minors under sixteen.”[13] The response from the New Jersey AG is that the safety features are misleading for parents, and the time restraints can be easily bypassed through passwords or eliminating the limit.[14]

The ongoing litigation for liability in the social media space will set up future standards for how seriously we take threats to our mental health. The resolution of these legal challenges could set important precedents for accountability in the tech industry while balancing a First Amendment right to free speech on these platforms.

________________________________________________________________________________

[1] Cristiano Lima-Strong and Aaron Gregg, Surgeon General Calls For Social Media Warning Labels, The Washington Post (Updated June 17, 2024), https://www.washingtonpost.com/technology/2024/06/17/surgeon-general-social-media-warning-labels/.

[2] Id.

[3] David Goguen, Lawsuits for Social Media Addiction and Mental Harm, Nolo.com (Updated September 18, 2024), https://www.nolo.com/legal-encyclopedia/lawsuits-for-social-media-addiction-and-mental-harm.html.

[4] Id.

[5] Id.

[6] Rachel Scharf, Social Media Apps Don’t Need User Warnings, MDL Judge Told, Law360 (October 10, 2024), https://www.law360.com/cybersecurity-privacy/articles/1889256/social-media-apps-don-t-need-user-warnings-mdl-judge-told.

[7] Id.

[8]Id.

[9] Id.

[10] Sophie Austin, California Governor Signs Law to Protect Children From Social Media Addiction, AP News (September 21, 2024), https://apnews.com/article/california-social-media-addiction-children-law-bc649326701f892a16be1159bc008d71.

[11] Id.

[12] George Woolston, AGs Slam TikTok With Youth Addiction, Fraud Claims, Law360 (October 8, 2024), https://www.law360.com/media/articles/1887891/ags-slam-tiktok-with-youth-addiction-fraud-claims.

[13] Id.

[14] Id.

The Dark Side of SEO: How Anti-Abortion Groups Use Search Engine Optimization to Mislead and Manipulate

September 25, 2024

By: Elle Borgdorff

Looking for a restaurant? What do you do? Most people would say – “Google it.” Search engines are a part of everyday life. We look up where to eat, what store we should shop at, what events are happening near us, and more. People seeking abortions or access to information regarding reproductive healthcare are no different. They frequent search engines to find access to critical reproductive healthcare. But what happens when those search engines are manipulated by those that have an ulterior motive?

Search engine optimization (SEO) is “the process of improving your website to increase its visibility in Google, Microsoft Bing, and other search engines.”[1] Because “organic search[es]” are responsible for 53% of all website traffic, SEO is a critical part of modern marketing strategies.[2] Notably, the global SEO industry is estimated to reach $122.11 billion by 2028.[3]

Companies or websites can use SEO to their advantage by using “the right keywords and phrases to improve their appearance in search results.”[4] In this way, SEO can be used to attract specific audiences to a webpage, including vulnerable individuals seeking access to reproductive healthcare information. Anti-abortion pregnancy centers in the United Sates have “spent an estimated $10.2 million on Google Search ads” and “those ads were clicked on an estimated 13 million times” in a two-year period.[5]

Human Coalition is credited with starting the trend for pro-life organizations use of SEO to their advantage.[6] Human Coalition is a “pro-life nonprofit organization committed to an audacious mission: to transform our culture of death into a culture of life – to end abortion in America.”[7] Human Coalition has “applied corporate digital marketing techniques” like SEO, to “manipulate pregnant peoples’ online search results, driving those researching abortion away from comprehensive pregnancy care or abortion clinics”.[8]

Users who search ‘pregnancy test’, ‘pregnancy’ or ‘abortion’ are frequently redirected to websites for Crisis Pregnancy Centers (CPC’s).[9] CPC’s are “nonprofit organizations that present themselves as healthcare clinics while providing counseling explicitly intended to discourage and limit access to abortion.”[10] These centers, “are rarely licensed to provide health care and do not offer accurate information or refer patients for abortion care, emergency contraception, or comprehensive prenatal care, and they do not make referrals to abortion providers.”[11]

Heartbeat International is a “pro-life pregnancy resource center” with over 3,600 “affiliated pregnancy help locations.”[12] Heartbeat International has also manipulated SEO to their advantage.[13] They have gone as far as to boast that an individual “who makes a Google search such as ‘pregnant and scared’ finds a local Heartbeat International affiliate.”[14]

Human Coalition and Heartbeat International are not the exception. Manipulation of SEO to support a pro-life agenda is so commonplace that entire companies exist to support CPCs in this messaging. Choose Life Marketing is a marketing company, seeking to help clients (pro-life groups) use SEO to their advantage.[15] Their website states that “an SEO strategy can help more people who want to learn about or support the pro-life mission find your organization. Our team will do the necessary research to learn what keywords your target audience is searching for, and then we will optimize your site to help you reach that audience.”[16]

SEO is deliberately manipulated to redirect pregnant people to CPC’s and mislead them into misinformation surrounding abortion and to dissuade individuals from having abortions.[17] The CPC’s “often present themselves as medical facilities and mirror abortion clinics’ logos, using names like Your Choice and Women’s Health Clinic.”[18] CPC’s have also used “sophisticated digital tactics like ‘geo-fencing’ to intercept people in the waiting rooms of physician’s offices and vulnerable populations like high school students.”[19]

These tactics are deceptive and can have serious implications. For years, those in favor of reproductive rights have urged Google to prevent CPCs from running “misleading abortion-related ads” on their platform. However, because CPCs are not “selling anything, they do not fall under the purview of the Federal Trade Commission Act, which prohibits unfair or deceptive advertising.”[20] A group of Democrats in Congress urged Google to protect users from “misleading abortion-related search results” in June 2022, weeks before the groundbreaking decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade and erasing Constitutional protection for abortions.[21]

Two years later, not much has changed. In 2024, women are still googling “abortion near me” and being directed to CPC’s.[22] Sudden abortion bans and restrictions in the aftermath of Dobbs only increases the dangers these centers cause. These centers “aim to delay medical procedures until it is too late to legally terminate a pregnancy, which these centers never present as an option.”[23] As State Senator from Pennsylvania Katie Muth has stated – Action is needed to ensure “consumers are protected from sham centers that spend millions of dollars on deceptive marketing to advertise themselves as health care centers, when in fact they don’t actually provide such service… These deceptive practices can lead to human harm and even the death of an expecting mother because of a delay in care caused by these centers wasting precious time with sham guidance.”[24]

——————————————————————————————————————–

[1] What Is SEO – Search Engine Optimization, Search Engine Land, https://searchengineland.com/guide/what-is-seo (last visited Sep. 22, 2024).

[2]Organic Search Responsible For 53% of all site traffic, paid 15% [Study], Search Engine Land https://searchengineland.com/organic-search-responsible-for-53-of-all-site-traffic-paid-15-study-322298 (last visited Sep. 22, 2024).

[3] What Is SEO, supra note 1.

[4] Jack Dobkin, In The Grand Scheme: Six Sinister Tactics Employed by Anti-Abortion Centers, Equity Forward (last visited Sep. 22, 2024) https://equityfwd.org/research/grand-scheme-six-sinister-tactics-employed-anti-abortion-centers.

[5] Laurel Wamsley, Google Shows You Ads for Anti-Abortion Centers When Yoy Search For Clinics Near You, Npr (Jun 22, 2023) https://www.npr.org/2023/06/22/1182865322/google-abortion-clinic-search-results-anti-abortion.

[6] Dobkin, supra note 1.

[7] Human Coalition, https://www.humancoalition.org/ (last visited Sep. 22, 2024).

[8] Dobkin, supra note 1.

[9]What Reproductive Rights Advocates Need to Know About Anti-Abortion Crisis Pregnancy Centers, Planned Parenthood Advocacy Fund of Massachusetts, Inc. https://www.plannedparenthoodaction.org/planned-parenthood-advocacy-fund-massachusetts-inc/issues/what-reproductive-rights-advocates-need-to-know-about-anti-abort#:~:text=They%20also%20utilize%20search%20engine,people%20away%20from%20real%20reproductive (last visited Sep. 22, 2024).

[10]Melissa N Montoya, Colleen Judge-Golden, Jonas J. Swartz, The Problems With Crisis Pregnancy Centers: Reviewing the Literature and Identifying New Directions for Future Research, (May 24, 2022) https://doi.org/10.2147/IJWH.S288861

[11] Planned Parenthood Advocacy Fund of Massachusetts, Inc., supra note 9.

[12] About Us,Heartbeat International, https://www.heartbeatinternational.org/about-us (last visited Sep. 22, 2024).

[13] 2014 Annual Report, Heartbeat International, https://www.heartbeatinternational.org/images/PDF/2014AnnualReport.pdf (last visited Sep. 22, 2024).

[14] Id.

[15] Pro-Life Search Engine Optimization (SEO), Choose Life Marketing, https://www.chooselifemarketing.com/services/digital-marketing/seo/ (last visited Sep. 22, 2024).

[16] Id.

[17] Abigail Abrams and Vera Bergengruen, Anti-Abortion Pregnancy Centers Are Collecting Troves of Data That Could Be Weaponized Against Women, (Jun. 22, 2022 12:02 PM EDT) https://time.com/6189528/anti-abortion-pregnancy-centers-collect-data-investigation

[18] Id.

[19] Rep. Bridget Kosierowski and Rep. Melissa Shusterman, A Post-Roe PA: deceptive Practices of Anti-Abortion Centers, PA House Democratic Policy Comm. and PA Senate Democrats Policy Comm. (Sep. 6, 2022 1:00 pm) https://www.pahouse.com/files/Documents/Testimony/2022-09-06_034351__Sept6HearingDocs.pdf

[20] Emma Cott, Nilo Tabrizy, Aliza Aufrichtig, Rebecca Liberman and Nailah Morgan, They Serached Online for Abortion Clinics. They Found Anti-Abortion Centers., The New York Times (Jun. 23, 2022) https://www.nytimes.com/interactive/2022/us/texas-abortion-human-coalition.html

[21] Id.

[22] Ashley Adams, Exposed: This PA Woman’s Story Reveals How Crisis Pregnancy Centers Deceive Women, The Keystone (Feb. 28, 2024) https://keystonenewsroom.com/2024/02/28/exposed-this-pa-womans-story-reveals-how-crisis-pregnancy-centers-deceive-women/

[23] Id.

[24] Id.

How a Gap in Regulations Keeps Human Composting Illusive to New Yorkers

September 18, 2024

By Tristan Turner

https://cdn.mos.cms.futurecdn.net/ujEgW7YjPbzWmGYPjC9PxV-1200-80.jpg

Traditional methods of human disposition, namely burial and cremation, have been a tradition of many cultures for thousands of years.[1] However, the carbon footprint and environmental impact of these traditions had not been considered until relatively recently in the 1990s by the Green Burial Council. [2] They discovered that one cremation uses up to 500 gallons of fuel, and releases up to 250 lbs of CO2 per person. [3] That is the equivalent of driving a car for 400 miles. [4] More than 2 Million people are cremated each year in the United States, and as the costs of traditional burial continue to rise, cremation rates will continue to trend upwards. [5]

Scientists and environmentalists have been working together to find ways to respectfully dispose of human remains while reducing the 360,000 metric tons of carbon dioxide produced each year. [6] One method, which became legal in New York in 2022, is human composting. [7] Human composting, also known as terramation, is a process that breaks down the remains into nutrient-dense soil by speeding up the natural decomposition processes of bacteria and fungi.[8] The body is placed into a chamber with wood chips and straw, and heated for 5-7 weeks.[9] The family can then keep the soil for personal use in a garden or donate it to their local community. [10]

Unfortunately for New Yorkers, as of today September 13th, 2024, there has yet to be an application to construct a human composting facility.[11] Cemetery boards cite a lack of consumer interest because they have yet to apply, but this is a circular argument.[12] Due to the lack of facilities and subsequent lack of advertising for the service, consumers do not know that human composting is an option in New York. Additionally, many consumers who are interested in the procedure know that there is a lack of facilities in New York that can provide it, so they do not ask for it.

A lack of State regulations regarding the requirements of constructed facilities also stands as a roadblock, preventing facilities from opening in New York. The funeral industry is heavily regulated by State and Federal Law. Funeral homes and crematories are statutorily required to have certain rooms, such as a viewing room or chapel, to operate legally.[13] These regulations also require that the rooms be of a certain size and that some rooms cannot be connected.[14] No such regulations exist in the assembly bill that legalized human composting facilities.[15] Cemetery boards are not willing to spend millions of dollars on a facility when there is a precedent of building requirements with this level of specificity. This leaves them with the potential to construct a facility that is not up to code, leaving them unable to operate legally without incurring further renovation costs to bring the facility into compliance.

Overall, as global CO2 levels continue to rise, it is important to provide individuals with an option to lessen their carbon footprint, even after death. Currently, the lack of regulations for human composting facilities leaves New Yorkers unable to do their part to minimize their environmental impact.

______________________________________________________________________________________________________

[1]https://csnh.com/blog/the-history-of-cremation/#:~:text=The%20first%20evidence%20of%20cremation,Neolithic%20period%20(9500%20B.C).

[2]https://www.orderofthegooddeath.com/article/whose-green-burial-is-it-anyway/#:~:text=Part%20of%20this%20unpacking%20process,stuffy%2C%20and%20needlessly%20expensive).

[3]https://www.greenburialcouncil.org/disposition-statistics-media.html#:~:text=Vault%20burial%20emits%20approximately%20250,%2C%20watering%2C%20etc.).

[4]https://www.epa.gov/greenvehicles/greenhouse-gas-emissions-typical-passenger-vehicle

[5]https://www.pulvisurns.com/blogs/news/cremations-are-on-the-rise-which-countries-are-leaders#:~:text=In%202020%2C%20the%20US%20death,2%20million%20people%20chose%20cremation.

[6]https://www.nationalgeographic.com/science/article/is-cremation-environmentally-friendly-heres-the-science

[7]https://www.nysenate.gov/legislation/bills/2021/A382

[8] https://www.webmd.com/balance/what-is-human-composting

[9]https://recompose.life/faqs/how-does-human-composting-work/

[10] Id.

[11]https://www.timesunion.com/state/article/human-composting-now-legal-remains-elusive-new-18664998.php

[12] Id.

[13]https://regs.health.ny.gov/content/section-775-funeral-establishments

[14]Id.

[15] https://www.nysenate.gov/legislation/bills/2021/A382

Bridging the Justice Gap: Can Artificial Intelligence Tools Expand Access to the Legal System for Underserved Populations?

October 24, 2023

By: Trey Gates

The judicial system has long been revered for its fundamental ideals of impartiality and justice. These ideals have formed the cornerstone of our legal institutions, and of our democracy itself. But are these venerable ideals, many of which are written into our founding documents, always realized in our court system and in our community? If not, what can be done to achieve these goals, and how can society ensure that all individuals have access to the tools required to participate effectively in the judicial system, and ensure access to justice?

With the surge in use of unprecedented artificial intelligence tools like generative chatbots, including the leading chatbots in the industry, OpenAI’s ChatGPT and Google’s Bard chatbot, there is a prodigious amount of potential for expanding access to justice and addressing the issues discussed above. If leveraged properly, these generative artificial intelligence tools could provide guidance to populations that have less access to legal resources.[1] After personally evaluating these chatbots in their current form, I have seen that they can provide templates to

individuals to help draft legal documents, provide information about case law, and even suggest possible solutions for complex legal issues.

While it is important to ensure that these artificial intelligence mechanisms can be directly used by individuals to assist with legal issues that they may have, it is perhaps equally as important to implement these tools into the legal profession. Many artificial intelligence tools have already been found useful within the legal community itself; for example, some legal aid organizations have already begun incorporating generative chatbots into their legal research processes.[2] These generative chatbots can be given set parameters that guide the chatbot to research cases in a particular area of the law. Having access to these research tools will drastically increase the speed with which firms are able to handle client cases, and will especially benefit organization with limited resources, such as legal aid organizations that provide free legal services to clients. By having the capability to increase research speed, legal aid organizations will be able to work through client cases faster, and accordingly will be able to take on a greater case load, thus providing more legal services to individuals that the organization might otherwise have had to turn down.

However, the idea of using generative artificial intelligence chatbots to promote legal resources and to act as guides for underserved populations is not without its risks. Most notably, what if chatbots simply generate an incorrect response? Mainstream chatbots, such as ChatGPT, have been known to make errors and provide misleading, and often incorrect, information.[3] To address this issue, chatbots can be developed and tailored to serve the needs of the legal industry specifically. In addition, training methods for legal chatbots should be specially designed to ensure quality data is used for the artificial intelligence model. Traditionally, chatbots are trained by “scraping” data from across the internet; for chatbots used in the legal industry, a more refined methodology should be used to prevent the chatbot from learning inaccuracies and false information.[4]

In addition, there are other risks associated with the use of artificial intelligence chatbots in the legal system. One other risk is data privacy. In the scope of legal representation, confidential information is almost always revealed and passed between attorney and client, and feeding any confidential information into a generative artificial intelligence platform poses several potentially large risks to clients. Even without giving the platform specific details about

the client, questions arise about what the company behind the chatbot will do with the information entered after the user no longer needs it.

Although there may be risks associated with using artificial intelligence chatbots in the legal profession, the potential benefits largely outweigh these risks. Not only could these chatbots provide direct assistance to underserved individuals facing legal issues, but they could also be used by attorneys and those working in the legal industry as a whole to better assist clients and expand access to the judicial system.

______________________

1. Kirsten Sonday, Forum: There’s potential for AI chatbots to increase access to justice, THOMSON REUTERS (May 25, 2023), https://www.thomsonreuters.com/en-us/posts/legal/forum-spring-2023-ai-chatbots/

2. Id.

3. Tyler Roush, FTC Investigating ChatGPT Maker OpenAI For Providing False Information In Chat Results, Report Says, FORBES (July 7, 2023), https://www.forbes.com/sites/tylerroush/2023/07/13/ftc-investigating-chatgpt-maker- openai-for-providing-false-information-report-says/

4. Id.

Copyright and AI: The Implications of Thaler on Businesses claiming Copyright Protection on AI Work

October 18, 2023

By: Nicholas Barrish

In a recent decision, the U.S. District Court for the District of Columbia in Thaler v. Perlmutter, found that a work entirely made and authored by artificial intelligence cannot receive copyright protection.[1]. The Court ruled that human authorship is a critical key part of what allows a work to fall under copyright protection. [2].The registration of copyright form, filed by the defendant, Thaler, listed his AI machine as the author.[3] The court found such a work cannot have copyright protection as there was no human input even considering that Thaler made the computer program and had to prompt the machine to act.[4] However, Thaler’s lawyer has indicated the possibility of an appeal making this issue for further debate.[5] This case will be the first of many testing the copyright protection of AI-made works as there still exists many questions like how much AI is too much to copyright a work or how can a business use AI while still protecting their investments.

How much AI is too much AI? How much human is too little human?

It should be noted that Thaler is limited to AI work with no human intervention.[6] In other words, in a case where there exists some human intervention, the outcome may be different. This is an important distinction because the copyright office has stated that “AI-generated content that is more than de minimis should be explicitly excluded from the application.”[7] However, this limit is blurry.[8] It is especially blurry, considering the back-and-forth the Copyright Office had with the registration of Zarya of the Dawn, where AI made pictures for a graphic novel and the pictures were deemed to not have copyright protection, and determining if the work was created by artificial intelligence.[9] In addition, it is also unclear when AI and human work are more intertwined if copyright protection can be given to the work.[10] In Zarya of the Dawn, the AI-made pictures could be distinguished and allow solely that part to not fall under copyright protection.[11]. However, if the AI edits a photograph or a human edits an AI-drawn painting, then the line of what is protected, if anything at all, is unknown and will need to be decided in the courts.[12].

Impact on Businesses and their Attempts to Copyright AI Work

As the recent writer strike has shown, AI involvement in creativity is a hotly contested issue. [13]. Writers want AI to be limited, while companies want to use AI to speed up creativity and even art-making processes.[14]. However, the introduction of Thaler limits how far companies can go. If AI writes a movie or book, that work will not fall under copyright protection. [15]. However, such protection may soon be expanded. Many governments are interested in AI and its advancements and how to control it or expand it. [16]. So far, The United Kingdom has taken a friendlier approach to computer-generated content, allowing works that may fall outside of copyright protection in the United States to have such protection in the United Kingdom. [17]. However, early optimism in the United Kingdom has started to turn to apprehension as AI became very powerful very quickly. [18] As the public opinion starts to turn against AI being involved in works it will become harder and harder to use it to create art. As such businesses will have to stay on top of current laws and court decisions as the field changes and the public reacts to such laws and works published.

_____________

[1] Thaler v. Perlmutter, No. CV 22-1564 (BAH), 2023 WL 5333236, at *7 (D.D.C. Aug. 18, 2023).

[2] Id.

[3] Id. at *1.

[4] Id. at *3-6.

[5] Copyright Protection in AI-Generated Works Update: Decision in Thaler V. Perlmutter, Authors Alliance (Aug. 24, 2023), https://www.authorsalliance.org/2023/08/24/copyright-protection-in-ai-generated-works-update-decision-in-thaler-v-perlmutter/.

[6] Thaler, 2023 WL 5333236, at *6-7.

[7] Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence, 88 Fed. Reg. 16190, 16193 (Mar. 16, 2023) (to be codified at 37 C.F.R. pt. 202).

[8] Aaron Moss, What Copyright’s “Unclaimable Material” Rules Mean for Hollywood’s Use of AI, Copyright Lately (Aug. 25, 2023), https://copyrightlately.com/copyright-unclaimable-material-rules-hollywood-use-of-ai/#:~:text=“De%20Minimis”%20Amounts%20of%20AI,t%20need%20to%20be%20disclosed.

[9] Id.

[10] Id.

[11] Id.

[12] Id.

[13] Ashley Cullins and Katie Kilkenny, As Writers Strike, AI Could Covertly Cross the Picket Line, Hollywood Reporter (May 3, 2023), https://www.hollywoodreporter.com/business/business-news/writers-strike-ai-chatgpt-1235478681/.

[14] Id.

[15] Ellen Glover and Brennan Whitfield, AI-Generated Content and Copyright Law: What We Know, Built In (Aug. 23, 2023), https://builtin.com/artificial-intelligence/ai-copyright.

[17] Id.

[18] Carlton Daniel, Joseph Grasser, and James J Collis, Copyright protection for AI works: UK vs US, Lexology (July 12, 2023), https://www.lexology.com/library/detail.aspx?g=a9b81aa1-7243-4f03-890c-7d29f5ccbdd7.

[1] ChatGPT: what the law says about who owns the copyright of AI-generated content, University of Portsmouth (April 17, 2023), https://www.port.ac.uk/news-events-and-blogs/blogs/security-and-risk/chatgpt-what-the-law-says-about-who-owns-the-copyright-of-ai-generated-content

Biometric identification: is the risk worth the reward?

September 19, 2023

By: Sarah Simon-Patches

Date: 9/18/2023

If you’ve been to a Whole Foods lately, you may have noticed that there’s a new way to pay – using your hand. If you haven’t yet experienced this new phenomenon, don’t worry. Amazon is bringing its palm-scanning technology to over 500 Whole Foods stores by the end of this year¹. If Whole Foods isn’t your thing, you might find the new technology in sports stadiums, raceways, and casinos².

The palm payment technology is part of Amazon One, a service that connects your Amazon account, and your payment information, to the palm of your hand³. This is done through a “palm signature”, which is Amazon’s way of storing your information through the lines and wrinkles on your palm⁴. When you hold your hand above the scanner, it reads your palm’s unique ridges, grooves, and vein patterns, and charges the payment method attached to your Amazon account⁵.

Amazon’s new technology isn’t only for payment, though. The technology’s capabilities can determine your age for alcohol purchase purposes⁶. This identification ability has raised major concerns from consumers and vendors to state senators⁷. Red Rocks Amphitheater, for example, cut ties with Amazon One after an open letter asked entertainment industry groups and venues to cancel contracts with Amazon One due to data security concerns⁸.

Currently, Amazon is facing a class action lawsuit related to its Amazon Go stores tracking New York customers’ body shapes, sizes, and palm prints without providing proper notice as required by a New York City biometric surveillance law⁹.

Amazon’s assurance to consumers is that your identity is unique to you. Your stored payment and other information can’t be stolen in the way that a credit card otherwise could¹⁰. However, there are experts who believe AI can copy voices, faces, and even your palm¹¹. Amazon’s response has been its use of liveness-detections technology, which is supposed to be able to tell a difference between a real palm and a fake one¹². Further, Amazon claims its combination of palm and vein imagery is unusable to third parties and says your data will not be bought or sold to other companies, or used by Amazon itself, for marketing and advertising¹³.

Even with promises of safety and data protection, Amazon’s track record of data collection may influence your decision to use Amazon One. For one, Amazon recently reached a $25 million settlement following allegations of violating children’s privacy rights through the company’s voice assistant, Alexa¹⁴. This comes after Amazon’s failed attempt in 2018 to defeat a California law which requires disclosure of the information collected from consumers¹⁵.

So, while replacing a stolen credit card or stolen Social Security number seems time-consuming and difficult, consider the possibility of trying to replace your actual identity– your voice, face, or palm print. Is the convenience of paying with your hand worth the unknown security risks and questions associated with biometric identification technology? If it’s worth it to you, you can try it out at your local Whole Foods.

____________________________

¹Emma Ross, All 500-plus Whole Foods stores will soon let you pay with a palm scan / Amazon One links your palm signature to your payment method and identity, The Verge (July 20, 2023), https://www.theverge.com/2023/7/20/23801571/amazon-one-whole-foods-pay-palm-scan.

²Sarah Perez, Amazon’s palm-scanning payment technology is coming to all 500+ Whole Foods, TechCrunch (July 20, 2023), https://techcrunch.com/2023/07/20/amazons-palm-scanning-payment-technology-is-coming-to-all-500-whole-foods/.

³ Amazon, How it works Meet Amazon One, one.amazon.com, https://one.amazon.com/how-it-works (last visited Sept. 13, 2023).

⁴Id.

⁵ Id.

⁶ Supra, note 1.

⁷ Supra, note 2.

⁸ Id.

⁹Skye Witley, Amazon Sued Over NYC Go Store Collection of Palm, Body Scans (2), Bloomberg Law (March 16, 2023) https://news.bloomberglaw.com/privacy-and-data-security/amazon-sued-over-nyc-go-store-collection-of-palm-body-scans.

¹⁰Cheyenne DeVon, Amazon will soon let you pay for groceries with your palm at any Whole Foods—but tech experts urge caution, CNBC (August 26, 2023) https://www.cnbc.com/2023/08/26/amazon-biometric-payments-privacy-concerns.html.

¹¹ Id.

¹²Id.

¹³ Supra, note 2.

¹⁴Mohamed Dabo, Amazon settles $25m lawsuit over Alexa’s privacy breach, Retail Insight Network (June 1, 2023) https://www.retail-insight-network.com/features/amazon-settles-25m-lawsuit-over-alexas-privacy-breach/?cf-view.

¹⁵ Chris Kirkham and Jeffrey Dastin, A look at the intimate details Amazon knows about us, Reuters (November 19, 2021) https://www.reuters.com/technology/look-intimate-details-amazon-knows-about-us-2021-11-19/.

Cultivated meat: is the cost worth the reward?

September 12, 2023

By: Denice Cioara

9/12/2023

Are you willing to pay more for your Tully’s Tenders knowing that they are 100% cruelty free? On June 21, 2023, the U.S. Department of Agriculture granted two companies, UPSIDE Foods and Good Meat, approval to produce and sell cell-cultivated chicken for the first time in the United States. [1]. According to UPSIDE Foods, the process of making cultivated meat is akin to brewing beer. [2]. Major advancements in food science and cell culture technology have led to this evolution.

Cultivated meat begins in a laboratory as a sample of cells that came from the tissue of an animal. [3]. That sample of cells is placed in a tightly controlled and monitored environment, like a cultivator, that supports cellular multiplication. [4]. After the cells are fed the right blend of nutrients, they multiply into billions or trillions of cells. [5]. Additional substances are added to the cells to differentiate into various cell types and assume the characteristics of muscle, fat, or connective tissue cells. [6]. Once the cells have differentiated into the desired type, they can be harvested. [7]. This entire process takes about two or three weeks. [8].

Like the slaughterhouse industry, the cultivated meat industry is regulated by the Food and Drug Administration (FDA). [9]. The FDA oversees cell collection, cell banks, and cell growth. [10]. However, the United States Department of Agriculture (USDA) and the Food Safety and Inspection Services (FSIS) oversee the harvesting stage, as well as the further production and labeling of these products. [11].

Is cultivated meat the meat of the future? Advocates, such as the Animal Legal Defense Fund, are eager to put an end to the cruelty that occurs in slaughterhouses, as well as the negative environmental impacts of those businesses. [12]. However, Good Meat’s co-founder worries that they may never get the funds needed to scale up production. [13]. High production costs turn into high market prices, which may serve as a deterrent for future consumers. Singapore, the only other country that produces and sells UPSIDE Food’s cultivated meat, has yet to engage in mass production. [14].

Critics are skeptical of the benefits that this new technology can provide. George Santos, a United States representative for New York’s 3rd congressional district, introduced a Bill that would prohibit Federal funds to support lab-grown meat. [15]. Missouri became the first state to restrict the word “meat” during the marketing of alternative meat products. [16]. Does this restriction violate a manufacturer’s First Amendment Right to free speech? More severely, the Washington legislature has introduced a bill that bans the advertisement, selling, or offer for the sale of cultivated meat all together. [17]. Can a state use its police powers enact a law like this one? Legislative decisions will pave the path for the future of cultivated meat.

_________________________

1. Joanna Thompson, Lab-Grown Meat Approved for Sale: What You Need to Know, Scientific American (June
30, 2023), https://www.scientificamerican.com/article/lab-grown-meat-approved-for-sale-what-you-need-to-know/.

2. Upside is approved for sale in the US! Here’s what you need to know, UPSIDE Foods (June 21, 2023), https://www.upsidefoods.com/blog/upside-is-approved-for-sale-in-the-us-heres-what-you-need-to-know.

3. Human Food Made with Cultured Animal Cells, Food and Drug Admin. (March 21, 2023) https://www.fda.gov/food/food-ingredients-packaging/human-food-made-cultured-animal-cells.

4. Id.

5. Id.

6. Id.

7. Id.

8. Supra. note 2.

9. Supra. note 3.

10. Id.

11. Id.

12. Innovation in Food Production: Cultivated Meat, Animal Legal Def. Fund, https://aldf.org/article/innovation-in- food-production-cultivated-meat/.

13. Leah Douglas, Insight: Lab-grown meat moves closer to American dinner plates, Reuters (Jan. 23, 2023), https://www.reuters.com/business/retail-consumer/lab-grown-meat-moves-closer-american-dinner-plates-2023-01- 23/.

14. Reuters, Even after green-light, lab-grown meat yet to take off in Sing., Daily Sabah (Mar. 8, 2023), https://www.dailysabah.com/life/food/even-after-green-light-lab-grown-meat-yet-to-take-off-in-singapore.

15. American Meat Industry Protection Act of 2023, 118 H.R. 4805.

16. Eryn Terry, Note, The Regulation of Commercial Speech: Can Alternative Meet Companies Have Their Beef And Speak It Too, Vand. J. Ent. & Tech. L. 223 (2020).

17. Id.

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