1)  FTC’s Rite Aid Order Series

The FTC’s settlement with Rite Aid for discriminatory use of facial surveillance broke ground by expanding the penalty of algorithm disgorgement to third parties. The settlement order (Order) offers companies a detailed roadmap for enhancing their safeguards to ensure AI and biometric fairness. The first installment of a two-part series about the Rite Aid settlement examined the key allegations in the case and the Order’s implications, including three broadly defined terms that could apply to many other biometric uses. Part two discussed four compliance measures for AI and biometric surveillance tools, the Order’s harmonies with the National Institute of Standards and Technology’s AI Risk Management Framework and the broader reach of algorithm disgorgement, including a comparison of the Order with the FTC’s X-Mode settlement.

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