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DHS and DOJ Publish Joint Guidelines for Voluntary Sharing Cyber Threat Indicators and Defensive Measures with Federal Government

Client Alert | 1 min read | 06.17.16

On June 15, 2016, the Department of Homeland Security jointly issued with the Department of Justice guidelines and procedures available here for the voluntary sharing and receiving of cyber threat indicators and defensive measures between and among non-federal and federal entities and among private entities for cybersecurity purposes. These guidelines and procedures, which are directed to be published pursuant to the Cybersecurity Information Sharing Act of 2015 (CISA), describe what types of information may be shared, the mechanisms for sharing it (including through the DHS-operated Automated Indicator Sharing platform), and how to safeguard privacy and civil liberties to qualify for the liability and other protections afforded by CISA, which include a limited antitrust exemption; exemption from state and federal disclosure laws; exemption from certain state and federal regulatory uses; no waiver of privilege; protection for commercial, financial and proprietary information; and an ex parte communications waiver.

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Client Alert | 6 min read | 08.03.26

The Pipe, Not the Posts: How Section 230’s Protections Extend to Generative AI Platforms

Section 230 of the Communications Decency Act (“Section 230”) protects online platforms from liability for user-generated speech. Based on the premise that platforms generally do not create original content but instead curate their users’ own speech, Section 230’s protections have historically applied to a platform’s algorithmically assembled, selected or sequenced content; algorithms or features that amplified or directed user generated speech to particular users were generally protected. Indeed, the old rule of thumb was the more a platform used algorithms or automation, the more likely user generated speech remained user generated speech. GenAI has the potential to change that calculus. A platform that ingests user generated content and publishes a transformed output, can blur Section 230’s line between publication and creation. The central question is whether Section 230 protects GenAI, which analyzes, but does not alter, user-created content to produce an outcome, and its corresponding outputs....

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