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JP Jarecki

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JP is an associate in Taft’s Dayton office and focuses his practice on commercial litigation.

The Video Privacy Protection Act (VPPA), signed into law by President Ronald Reagan on November 18, 1988, grew out of one of Washington’s more underwhelming privacy scandals. During Judge Robert Bork’s Supreme Court confirmation hearings, a newspaper published his video rental history, which had been leaked by a video store clerk. This incident was intended to reveal his character but revealed nothing too controversial; the Bork Tapes showed that Judge Bork was partial to Alfred Hitchcock films, spy thrillers, and British costume dramas. Indeed, the enduring legacy of the Bork Tapes was not salacious, but legislative— the episode sparked bipartisan concern that something as personal as an individual’s viewing habits could be exposed without consent. In response, Congress moved swiftly to pass the VPPA, a law designed to shield Americans from unwarranted intrusions into their video rental and viewing records.Continue Reading Defining “Consumer” in the Digital Age: The Supreme Court Takes Up the VPPA Divide

Artificial intelligence, referred to as “AI” for short, has had an outsized impact on nearly every aspect of human existence. If that sounds like an overstatement, it’s not— machine learning systems and generative AI tools have now been integrated into various sectors of life including healthcare, government services, industry, and education. In 2023, more than 50% of US companies reported using AI for cybersecurity/fraud management, and 97% of business owners expressed enthusiasm that AI platforms like ChatGPT will help their businesses. Several cities and municipalities have adopted protocols for how local government may use and rely upon AI as part of day-to-day duties. 

Unsurprisingly, the law has lagged well behind the impressive speed of AI’s ballooning technological development. This notwithstanding, various governmental agencies, legislative bodies, and courts have begun to assemble a regulatory regime which may help answer the million-dollar question in this brave new world: who, or what, is liable when AI goes wrong?Continue Reading Artificial Intelligence, Real Liability: Who’s on the hook when things go wrong?