Internet & Computer Law Year in Review 2025-26— (Session 1) Overarching
Why It Matters
These rapid regulatory and judicial shifts reshape liability and compliance landscapes for tech firms, making proactive legal strategy essential to avoid costly litigation and regulatory penalties.
Key Takeaways
- •Annual Berkeley webcast condenses three‑day internet law curriculum into 90 minutes.
- •AI‑generated influencer Solomon Ray exemplifies deep‑fake legal challenges.
- •State AI statutes risk preemption by 2025 Trump executive order.
- •Supreme Court’s Nealy decision expands copyright damages under Discover rule.
- •New privacy laws—Delete Act, Take‑It‑Down Act—reshape data‑broker compliance.
Summary
The Berkeley Center for Law & Technology webcast, hosted by Wayne Stacy and Ian Ballon, serves as the definitive annual review for practitioners in internet and computer law. The two‑hour session compresses a three‑day curriculum, covering AI, IP, privacy, and emerging litigation trends, and leverages Ballon’s updated treatise on e‑commerce and internet law.
Highlights include the rise of AI‑generated personalities such as Solomon Ray, underscoring the legal complexities of deep‑fakes and algorithmic content. State AI regulations in California, New York, and Utah face possible preemption after a December 2025 executive order, creating uncertainty over which framework governs AI deployments. In IP, the Supreme Court’s Warner Chappell Music v. Nealy ruling applies the Discover rule to extend copyright damages, while the pending Cox Communications v. Sony Music case questions the scope of DMCA safe‑harbor protections and knowledge standards.
Notable examples cited were the FTC’s 2025 enforcement of the Consumer Review Fairness Rule and the introduction of the California Delete Act, granting consumers a single opt‑out for data brokers, alongside the federal Take‑It‑Down Act targeting non‑consensual sexual imagery. Age‑verification mandates, spurred by a 2025 Supreme Court decision, signal a wave of new compliance requirements for online platforms.
For businesses, these developments demand immediate reassessment of AI governance, privacy policies, and IP risk management. Companies must monitor shifting state and federal regulations, adapt safe‑harbor defenses, and prepare for heightened litigation in data‑breach and class‑action arenas to mitigate exposure and maintain operational continuity.
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