The research analysis on Operational Database Management System market offers a thorough assessment of the major growth opportunities, roadblocks, and other channels for expansion that will affect the industry’s growth between 2022 and 2028.
Additionally, the research report predicts that during the projection period, this marketplace would display a healthy CAGR and produce commendable returns.
The document provides a comprehensive analysis of the economic condition to assist stakeholders in developing effective growth strategies for their future investments. The report also provides information on well-known companies that are operating in this industry sector, including information on their business portfolios and development trends as well as key information on the market segmentations.

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If you are looking for an alternative to CamScanner for quick document scanning, here are some options to consider.
CamScanner is a pretty popular mobile app that lets you turn any device into a mobile image scanner. Yet, CamScanner isn’t without its problems.
In 2019, CamScanner was found to contain a malicious module within its advertising library that has been classified as malware. CamScanner was briefly removed from the App Store as a result.
Allegedly, all traces of malware are now gone from the program, though you’ll be forgiven for still having some misgivings about the app.
So, if you’re looking for an alternative that is a little more reputable, or just don’t find CamScanner particularly effective, here are the six best CamScanner alternatives.
First on this list comes Adobe Scan, one of the many lesser-known Adobe apps that you can download on your phone. This app requires an account to use, but is entirely free despite the signup.
Using the app itself is easy. Adobe Scan comes with an in-built boundary detection feature, which allows it to automatically detect the edges of what you’re scanning without any hassle. You can clean this up yourself on the rare occasions that the app gets this wrong.
You can also select a range of different modes such as “whiteboard” and “book” which make it easier to get what you want. Once you’ve taken the picture that you want, there are a number of things that you can do. You can rip the text directly from the image and copy it onto your clipboard, or convert it into a PDF or JPEG.
You can easily adjust images that you’ve taken before turning them into documents as well. If the colors seem off you can tweak them in various filters, and if there are any creases or marks you want removed, Adobe Scan also features a smart cleanup tool to help you on your way.
Download: Adobe Scan for Android | iOS (Free, subscription available)
Next on this list is Microsoft Office Lens. This app integrates into the Microsoft Office Suite more directly than most other CamScanner alternatives, so if you use a lot of Microsoft Office apps, then this might be a good pick for you.
Microsoft Office Lens behaves about how you might expect. You scan an image, touch it up, then export it. Microsoft Office Lens does support automatic boundary detection and a couple of different scanning modes, as well.
You have the option to save the scan as an image or a PDF if you want, but the main draw to Microsoft Office Lens is that you can save your scans directly to Microsoft Office format.
If you want to add the scan to a OneNote notebook, to your OneDrive Cloud, as a Word document (this will only extract the text, mind you), or to a PowerPoint, then this is the best way to do it.
Download: Microsoft Lens for Android | iOS (Free)
You can get a lot done with Google Drive if you know the right tips and tricks for it, so if you’re more into Google Docs than Microsoft Word, here's one more. Google Drive comes with in-built document scanning functionality.
All you need to do to get started is open the Google Drive app on your phone. In the bottom right, there’s a plus you can tap on to get to the scanning menu.
The system here’s a little different from some other entries on the list. Google Drive does come with automatic boundary detection, but it doesn’t show you the process as you’re trying to take this picture.
This means that you’re more likely to end up with images that have strange or incorrect borders, since you have no feedback until after you take your photo.
Once you’re done, you can save the image or series of images as a PDF directly to your Google Drive.
Download: Google Drive for Android | iOS (Free)
Next up on this list comes TurboScan. If you’re looking for free alternatives to CamScanner, then this certainly fits the bill, though it’s worth noting that you’ll be locked into a limited number of scans unless you purchase the app.
TurboScan functions much like any other CamScanner alternative. Where it excels, however, is in the range of options it gives you to adjust your image after you take it.
This is especially true if you want to convert a color image into black and white. All options have five different settings, so you can pick just how light or dark you want it, and you can choose between black and white, color, or photo-realistic.
Once created, you have the option to send the image to others if you so wish, or even email the page to yourself.
Download: TurboScan for Android | iOS (Free)
Download: TurboScan for Android ($5.99) | iOS ($9.99)
If you’re looking for even greater control over the look of your images, then TapScanner is a good alternative. Where TurboScan lets you search through a range of five options to find the best fit for your image, TapScanner lets you customize the image entirely.
TapScanner comes with nine different filters for you to pick from and the ability to adjust the brightness and contrast down to the percent using a couple of handy sliders.
From there you can save your image and then export it as either a PDF or an image.
Download: TapScanner for Android | iOS (Free, subscription available)
Next up on this list comes Notebloc, a great option for any of you who want something straightforward or easy to use. Notebloc may not have all the bells and whistles that some of its alternatives have, but if you’re less tech-savvy or feeling a little overwhelmed by some other options on this list, then Notebloc is an excellent choice.
Notebloc scans simply, automatically borders without being obtrusive, and lets you adjust your image to one of a couple of filters. You can export your scans as images or as PDFs as you so wish as well.
Download: Notebloc for Android | iOS (Free)
Hopefully, this list has helped you to sort through some of the many alternatives available for CamScanner available for both iOS and Android. No matter what phone you use, there are a range of options out there just waiting for you.
So, why not search for the best? There’s no reason to settle for the first thing that you see. There’s always more that you can uncover with such a wide selection of alternatives just waiting for you.
Jack has been passionate about writing and tech all his life. He has studied BAs in both Philosophy and Software Engineering from the University of Melbourne and RMIT, respectively. He has spent the last year writing at MakeUseOf, where he can bring his expertise of the internet to others.
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Search Engine Land » Google » Google SEO » Google Using OCR To Index Scanned Documents
It used to be that, if you hoped Google would index a PDF file, you had to create a PDF that was text-based, not image-based; Googlebot couldn’t recognize the content of scanned or image-based documents. According to an announcement today, that’s no longer the case.
Google says it’s now using OCR (Optical Character Recognition) technology to read any scanned documents that it finds in PDF format:
This Optical Character Recognition (OCR) technology lets us convert a picture (of a thousand words) into a thousand words — words that can be searched and indexed, so that these valuable documents are more easily found.
Google’s announcement includes a few examples where you can see the results of OCR scanning in action. On a search for repairing aluminum wiring, the first result is a Consumer Product Safety Commission PDF that was clearly scanned as an image. You can now get the text of that image thanks to Google’s OCR scanning and the “View as HTML” link on the search results page. As with any use of OCR, results are probably not going to be perfect. But the examples Google provides do look quite accurate.
Countless new documents are now available to searchers — documents that were never available before. On the other hand, if you’ve been scanning and uploading image-based PDFs knowing that they’d never be found by searchers — and I know people who have — you may want to rethink that strategy.
Opinions expressed in this article are those of the guest author and not necessarily Search Engine Land. Staff authors are listed here.
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Paper-based systems make it difficult to manage your business-critical documents. Here are the best document management software you can use instead.
If you're still using physical ways to keep your files and paper, you're missing out on a lot. Physically storing files takes too much storage space. You always need cabinets, which makes searching and tracking a particular file quite challenging.
Alternatively, document management software allows you to manage an unlimited number of files easily. Plus, they are comparatively more secure and flexible, making it easier for multiple team members to work together on a single document.
So, let's find out what document management software you can use to manage your files.
It is a secure platform to store your personal and collaborative files. Over 5 million users trust them worldwide and use this software to manage their files.
It offers three different types of storage for your documents:
Additionally, you can choose to store your documents on cloud or on-premise storage, depending on your needs. And navigate through multiple files by typing their name or a short description about them. They're all saved in the document library.
You can also like the documents to keep them at the top of search results for quick access. The tool also allows you to add comments to the documents and keep multiple document versions with editing history. It makes it easier to track changes in the future. Plus, you can also use different apps to edit your document.
For security purposes, Bitrix24 allows you to lock your document by clicking on the lock button. It makes the document inaccessible to other people. The software has both free and paid versions. You can get one based on your needs.
Whether you're a student, a small contractor, or have a big company with multiple employees, you can use this tool to keep and organize your data and files. It allows you to search the files just by typing their name in the search bar.
You can also get quick access to specific files by keeping them in the portfolio and automate the workflow with this software, as it automatically files the documents you upload. It allows both on-site and cloud-based storage.
Furthermore, you need not keep its application on all of your devices. You can access your files from anywhere in the world using a web browser. However, only certain people with a password can access the data for security purposes. Permissions are given to employees based on their roles.
All the files you shared are encrypted, and you have to go through two-factor authentication. For more convenience, you can also set IP or location-based authentication.
Besides, if you're a company or a solo entrepreneur, you'd be happy to know that this software also allows signing contracts. To ease your work, you can integrate the software with third-party apps like DocuSign, Salesforce, and Microsoft Office.
With over 1 billion monthly active users and 6 million paid users, Google is so far the most popular file storage solution. People use it for personal, team, and company file storage.
It allows seamless integration with cloud-based apps. Plus, it supports multiple formats, so you can store your file without switching its type—for instance, PDF, Word, and others. Searching documents in your Google Drive is also convenient. Just type the name, and there it is!
It provides shared space for team members. Still, the data remains inaccessible for outsiders because of its Data Loss Prevention (DLP) feature.
The software allows you to save your documents and create, view, and edit them as well. Plus, if you edit those documents using this tool, it'll keep the history of the changes made. This way, you don't need to keep multiple versions of the file. They're all stored in one document.
Google Drive provides free storage of up to 15 GB for all of its users. If you need more storage than this, you'll need to get a premium plan.
This is another great, cloud-based file-sharing tool that enables you to keep and organize your files. Over 130,000 users worldwide trust this platform with their documents and files.
You can organize your documents in two ways with this software:
This tool offers advanced features to search and retrieve your documents, over 75 customizable templates, and commenting and editing features. Plus, if anyone on the team assigns a task to another team member, they'll get notified for on-time actions.
Additionally, you can control the permissions of the documents and manage who can access them in the team. It's free for up to 10 users. For anything above that, you'll need to buy its premium version.
With over 190 million people having access to SharePoint Online's features, it's a Microsoft tool that allows you to organize documents, teams, and workflow.
Apart from storing your files, you can create and edit documents using this tool and use it to collaborate with multiple team members. It allows you to update files' metadata, enabling a quick search.
This way, if you forget a file name or have multiple files with nearly the same name, you can find the document just by typing some words written in the metadata. The tool is also available for mobile apps. However, you'd need to get a subscription of $5 per month to use it.
Another document management software on the list is Paper Tracer. It's made for small, medium, and enterprise-level businesses.
It helps you automate your contracts, digitalize documents, and track and report all saved files. Plus, it's HIPAA-compliant, which means it follows the security law and prevents any data leakage. It also provides an e-signature facility. Hence, it's a great tool for healthcare, legal, or any business that completes projects on a contract basis.
The software offers end-to-end workflow solutions and offers cloud-based implementation. It's a good tool for small businesses with up to 10 employees and medium-sized companies with 100 employees or more.
If you still store your files physically and go through all the trouble, it's time to stop.
The list offers multiple software that provides plenty of free storage. Start with these and make it easier to keep, organize, and manage your files with the collaboration of numerous team members.
Sadaf Tanzeem is a B2B SaaS and B2C self-help writer. She is on her way to make boring content of blogs flicker and encourage readers to take action.
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Agency Growing as Franchising’s Content and Web Marketing Powerhouse
RALEIGH, NC / ACCESSWIRE / August 8, 2022 / 919 Marketing, one of the nation’s fastest-growing content marketing agencies, announces the acquisition of ClickCulture, a Raleigh, N.C. -based award-winning web development and digital marketing company.
This is the third acquisition by 919 Marketing to boldly expand its roster of technology-focused marketing services to become the full-service marketing leader for emerging and mature franchise brands and non-profit companies.
“This exciting new partnership with the team at ClickCulture expands our company to give us more creative firepower and a deeper bench of talent to better serve our clients”, says David Chapman, CEO, and founder of 919 Marketing. “We can now elevate our creative capabilities to include custom applications for websites, unique digital campaigns, and elite, award-winning graphic design to help our clients attract more customers and grow their businesses. We have a lot of smart people doing great work and now we have the data-driven creative capabilities needed to truly dominate as the holistic, one-stop solution for nonprofit companies and multi-location and franchise brands.”
Lloyd Jacobs, the CEO, and founder of Click Culture will become 919 Marketing’s creative director working in tandem with art directors, copywriters, web developers, PR specialists, digital marketers, videographers, and the 919 analytics team to elevate the agency’s portfolio of award-winning work. ClickCulture will now operate under the name 919 Marketing and retain all its employees.
“I am thrilled to join 919 Marketing and combine our resources to help our clients reach their growth goals,” says Jacobs. “We’ve worked together on mutual clients in the past and I’ve always admired 919’s genuine and passionate team members, committed to quality and data-driven solutions. It’s a dream-come-true to join forces and I feel like I’m coming home with a bunch of smart, cool, and friendly people who feel like family.”
Rapid Expansion
Within the last year, 919 Marketing has acquired two other companies: Ceralytics, a groundbreaking content intelligence platform that uses predictive analytics and natural language processing to drive audiences to engage and convert; and NetSearch Digital Marketing, a pioneering internet marketing firm specializing in SEO, PPC, and web design services for local and national clients.
These assets now position 919 Marketing as the leading tech-enabled content and digital marketing firm in franchising and non-profits to help local, regional, and national companies increase brand awareness, drive leads, and increase consumer engagement and conversion.
In addition to 919 Marketing’s headquarters based outside of Raleigh, North Carolina, the company has a presence in all four time zones thanks to a highly skilled and dedicated remote workforce.
The company has an impressive three-year growth rate of more than 130 percent, despite the impact of COVID-19. The company was ranked on Forbes’ prestigious 2021 inaugural list of America’s Best PR Agencies, Entrepreneur Magazine’s list of top PR firms for the franchise industry, and ranked on the coveted Inc. 5000 list as the highest-ranked and fastest-growing franchise PR firm.
Brands of all sizes trust 919 Marketing to provide smart, creative strategies and responsive marketing services that drive measurable results. Our impressive roster of franchise brands includes American Family Care, Zaxby’s, Tim Horton’s, and Wild Birds Unlimited, along with blue-chip companies including Stanley Black & Decker, Ally Bank, and Proctor and Gamble’s Tide Cleaners.
Media Contact:
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[email protected]
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About 919 Marketing
Formed in 1996 and headquartered just outside of North Carolina’s Research Triangle Park and the capital city of Raleigh, 919 is a national content marketing firm with a proven track record of helping companies increase revenue, create a competitive advantage, and improve marketing results. We provide high-powered strategic planning, public relations, social media, digital marketing, video and commercial production, business development support, and full creative capabilities – each utilizing proven processes refined over hundreds of client engagements.
Our award-winning staff of marketing strategists, TV and print reporters, and social media trailblazers are seasoned experts, providing content marketing firepower to excite, motivate and engage your customers and prospects. For more information, please visit us at www.919 marketing.com.
About ClickCulture
Founded in 1999, ClickCulture is a Raleigh-based integrated marketing firm specializing in technology. With deep roots in e-commerce, website design, web development, and user interface design, the company offers a full spectrum of marketing services, including graphic design, collateral design, high-tech advertising, search engine optimization, communications, point-of-purchase, and point-of-sale services.
SOURCE: 919 Marketing

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Best Document Management Software 2022 – Reviews on 583+ Tools  GetApp
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August 10, 2022
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The second quarter of 2022 saw U.S. federal lawmakers and agencies focus on draft legislation and guidance aimed at closing the gap to the EU with respect to addressing risks in the development and use of AI systems, in particular risks related to algorithmic bias and discrimination.  The American Data Privacy and Protection Act (“ADPPA”), the bipartisan federal privacy bill introduced to the U.S. House in June 2022, marks a major step towards a comprehensive national privacy framework, and companies should take particular note of its inclusion of mandated algorithmic impact assessments.  Meanwhile, the E.U.’s regulatory scheme for AI continues to wind its way through the EU legislative process.  Though it is unlikely to become binding law until late 2023 at the earliest, the EU policy landscape remains dynamic.
Our 2Q22 Artificial Intelligence and Automated Systems Legal Update focuses on these key efforts, and also examines other policy developments within the U.S. and EU that may be of interest to domestic and international companies alike.
On April 14, 2022, the U.S. Department of Commerce announced the appointment of 27 experts to the National Artificial Intelligence Advisory Committee (“NAIAC”), which will advise the President and the National AI Initiative Office on a range of issues related to AI.[1]  The appointments are the first for the recently established committee, created in response to the National AI Initiative Act of 2020.  The initiative directs the NAIAC to provide recommendations on topics like the current state of U.S. AI competitiveness, the state of science around AI, and AI workforce issues.  The committee also is responsible for advice regarding the management and coordination of the initiative itself, including its balance of activities and funding.
As noted in our 1Q22 Legal Update,[2] in March 2022, the National Institute of Standards and Technology (“NIST”) released for public comment an initial draft of its AI Risk Management Framework (“AI RMF”), which provides guidance for managing risks in the design, development, use, and evaluation of AI systems.  NIST separately released a document titled, “Towards a Standard for Identifying and Managing Bias within Artificial Intelligence,” which aims to provide guidance for mitigating harmful bias in AI systems.
Subsequently, on March 29-31, 2022, NIST held its second broad stakeholder workshop on its draft AI RMF titled, “Building the NIST AI Risk Management Framework: Workshop #2.”[3]  The workshop extensively discussed the AI RMF as well as international trends and standards and mitigating harmful AI bias.  NIST is seeking stakeholder feedback on the draft framework as part of a process over the next year to release a full version 1.0 of the AI RMF, which NIST intends to be a critical tool for organizations to identify and manage risks related to AI, including in areas like potential bias.  We stand ready to assist clients who wish to participate in this process.
The Federal Trade Commission (“FTC”) continues to position itself as a key regulator of AI technology.  In December 2020, as part of the 2021 Appropriations Act, Congress tasked the FTC with conducting a study and reporting on whether and how AI could be used to identify, remove, or take other appropriate action to address a variety of online harms (scams, deepfakes, child sexual abuse, terrorism, hate crimes and harassment, election-related disinformation, and the traffic in illegal drugs and counterfeit goods).  Congress also required the FTC to recommend reasonable policies and procedures for using AI to combat these online harms, and any legislation to “advance the adoption and use of [AI]” for these purposes.
In its June 16, 2022 report,[4] the FTC advised that, while AI can be used as a tool to detect and remove harmful material online, there are significant risks associated with its use.  In particular, the FTC cautioned that because AI systems rely on algorithms and inputs created by humans, and often have built-in motivations geared more towards consumer engagement rather than content moderation, even supposedly neutral systems can disproportionately harm minorities while threatening privacy and free speech.  Additionally, the FTC stated that while many companies currently use AI tools to moderate content, they “share little information about how these systems work, or how useful they are in actually combating harmful content.”[5]  The FTC therefore advised that there needs to be more transparency before the government can understand how AI tools work in the real world.  Although the Commission acknowledged that major tech platforms and others are already using AI tools to address online harms, the report’s final recommendation is that Congress should avoid laws that would mandate or overly rely on the use of AI to combat online harms and instead conduct additional investigation into other tools that might also be helpful in moderating online content.  In his dissenting statement, Commissioner Phillips noted that the report “has no information gleaned directly from individuals and companies actually using AI to try to identify and remove harmful online content, precisely what Congress asked us to evaluate.”[6]
Further, on June 22, 2022, Senators Ed Markey (D-MA), Elizabeth Warren (D-MA), Brian Schatz (D-HI), Cory Booker (D-NJ), Ron Wyden (D-OR), Tina Smith (D-MN), and Bernie Sanders (VT) sent a letter to FTC chair Lina Khan urging the FTC to “build on its guidance regarding biased algorithms and use its full enforcement and rulemaking authority to stop damaging practices involving online data and artificial intelligence.”[7]  The letter cites the National Institute of Standards and Technology’s study that Black and Asian individuals “were up to 100 times more likely to be misidentified” by biometric surveillance tools than white individuals, and asks the FTC to use its authority to combat “invasive and discriminatory biometric surveillance tools,” including facial recognition tools.
On May 12, 2022, Senator Michael Bennet (D-CO) introduced the Digital Platform Commission Act of 2022 (S. 4201), which would empower a new federal agency, the Federal Digital Platform Commission, to promulgate rules, impose civil penalties, hold hearings, conduct investigations, and support research with respect to online platforms that facilitate interactions between consumers, as well as between consumers and entities offering goods and services.[8]  The Commission would have a broad mandate to promote the public interest, with specific directives to protect consumers, promote competition, and assure the fairness and safety of algorithms on digital platforms, among other areas.  Regulations contemplated by the bill include requirements that algorithms used by online platforms “[be] fair, transparent, and without harmful, abusive, anticompetitive, or deceptive bias.”  The bill has been referred to the Committee on Commerce, Science, and Transportation.
Introduced in the House on April 26, 2022, the Health Equity and Accountability Act of 2022 (H.R. 7585) aims to address algorithmic bias in the context of healthcare.[9]  The Bill would require the Secretary of Health and Human Services to establish a “Task Force on Preventing AI and Algorithmic Bias in Healthcare” to develop guidance “on how to ensure that the development and [use] of artificial intelligence and algorithmic technologies” in delivering care “does not exacerbate health disparities” and help ensure broader access to care.  Additionally, the Task Force would be charged with identifying the risks posed by a healthcare system’s use of such technologies to individuals’ “civil rights, civil liberties, and discriminatory bias in health care access, quality, and outcomes.”  The bill has been referred to the Committee on Energy and Commerce.
On June 30, 2022, the California Department of Insurance issued a bulletin addressing racial bias and unfair discrimination in the context of consumer data.[10]  The bulletin notes that insurance companies and other licensees “must avoid both conscious and unconscious bias or discrimination that can and often does result from the use of artificial intelligence, as well as other forms of ‘Big Data’ … when marketing, rating, underwriting, processing claims, or investigating suspected fraud.”[11]  To that end, the Department now requires that insurers and licensees conduct their own due diligence to ensure full compliance with all applicable law “before utilizing any data collection method, fraud algorithm, rating/underwriting or marketing tool, insurers and licensees must conduct their own due diligence to ensure full compliance with all applicable laws.”  In addition, insurers and licensees “must provide transparency to Californians by informing consumers of the specific reasons for any adverse underwriting decisions.”[12]
On May 12, 2022, more than six months after the Equal Employment Opportunity Commission (“EEOC”) announced its Initiative on Artificial Intelligence and Algorithmic Fairness,[13] the agency issued its first guidance regarding employers’ use of AI.[14]  The EEOC’s non-binding, technical guidance provides suggested guardrails for employers for the use of AI technologies in their hiring and workforce management systems.
The EEOC’s guidance outlines best practices and key considerations that, in the EEOC’s view, help ensure that employment tools do not disadvantage applicants or employees with disabilities in violation of the Americans with Disabilities Act (“ADA”).  The guidance provides three ways in which an employer’s tools could be found to violate the ADA: (1) by relying on the tool, the employer fails to provide a reasonable accommodation; (2) the tool screens out an individual with a disability that is able to perform the essential functions of the job with or without an accommodation; and (3) the tool makes a disability-related inquiry or otherwise constitutes a medical examination.
On May 5, 2022, the EEOC filed a complaint in the Eastern District of New York alleging that a software company providing online English-language tutoring to adults and children violated the Age Discrimination in Employment Act (“ADEA”) by denying employment as tutors to a class of plaintiffs because of their age.”[15]  Specifically, the EEOC alleges that the company’s application software automatically denied older, qualified applicants by soliciting applicant birthdates and automatically rejecting female applicants age 55 or older and male applicants age 60 or older.  The EEOC seeks a range of damages, including back wages, liquidated damages, a permanent injunction enjoining the challenged hiring practice, and the implementation of policies, practices, and programs providing equal employment opportunities for individuals 40 years of age and older.
On June 21, 2022, members of Congress introduced a bipartisan federal privacy bill, H.R. 8152, the American Data Privacy and Protection Act (“ADPPA”).^[16]  The ADPPA aims to create a national framework that would preempt many, but not all, state privacy laws.  The bill passed the U.S. House Energy and Commerce Committee on July 20, but is now increasingly unlikely to be passed during this Congressional session.^[17]  While ADPPA shares similarities with current state privacy laws, companies should pay attention to several proposed requirements that are particularly relevant to AI technologies.
The ADPPA proposes broad limitations on the kind of data processing that covered entities are allowed to engage in, [18] and also requires companies to provide certain rights to consumers, including a right to notice, a right to ownership or control (a right to access data, correct data, or have data deleted), and a right to opt out or object.[19]
The bill defines “covered entities” as entities subject to the FTC Act, common carriers under federal law, or nonprofits, that “alone or jointly with others” determine the purposes and means of collecting, processing, and transferring covered data.[20]  The ADPPA covers a wide variety of personal data, including any data “linked” or “linkable” to an individual or a device, which is similar to the EU’s General Data Protection Regulation (“GDPR”) as well as state privacy laws such as the California Consumer Privacy Act (“CCPA”) or the Virginia Consumer Data Protection Act (“VCDPA”).  “Covered data” under the ADPPA includes data that is linkable to a device, not just an individual.  Additionally, the definition of “biometric information” does not include photographs or recordings, but does include fingerprints, voice prints, iris or retina scans, “facial mapping or hand mapping,” and gait.  De-identified data, employee data, and publicly available information are among the enumerated exemptions.[21]
The bill contains new AI assessment obligations that would directly impact companies developing AI technologies.  ADPPA would require covered entities and service providers that knowingly develop an algorithm to collect, process, or transfer covered data to produce an algorithm design evaluation (including training data), which must specifically consider any data used to develop the algorithm to reduce the risk of potential harms.[22]
Large data holders must conduct an additional annual impact assessment of any algorithm that is used to collect, process, or transfer covered data, and may cause potential harm to an individual.  The assessments must describe the algorithm’s design process, purpose, foreseeable uses, data inputs and the outputs the algorithms generate, as well as steps taken to mitigate potential harms.[23]  In particular, harms related to the following areas must be addressed: (1) individuals under the age of 17; (2) advertising for housing, education, employment, healthcare, insurance, or credit opportunities; (3) access to, or restrictions on the use of, a place of public accommodation; or (4) a disparate impact on the basis of protected characteristics.[24]  Entities must use an external, independent researcher or auditor to the extent possible and both design evaluations and impact assessments must be submitted to the FTC within 30 days of completion.
Mirroring the risk-based approach adopted by the EU’s draft AI Act, the ADPPA contemplates that the FTC will promulgate regulations that would allow entities to exclude from their design evaluations and impact assessments any algorithms that present low or minimal risk for the enumerated harms.[25]
The California Privacy Protection Agency (“CPPA”) released its CPRA draft regulations on May 27, 2022.^[26]  The regulations were intended to be finalized by July 1, 2022, but public participation in the rulemaking process is still ongoing, with additional public hearings now scheduled for August 24 and 25, 2022.
In August 2020, the California Attorney General released the final regulations for the CCPA, the comprehensive state privacy law that will be replaced by the CPRA in January 2023.  The May 2022 draft CPRA regulations redline the August 2020 CCPA regulations and mostly focus on the CPRA’s changes to the preexisting CCPA concepts.  Key regulations addressed by this initial draft include those relating to dark patterns, expanded rules for service providers, third-party contracts, third-party notifications, requests to correct, opt-out preference signals, data minimization, privacy policy rules, revised definitions, and enforcement considerations.
One of the most conspicuous omissions concerns the lack of parameters for automated decision-making.  The CPRA defines “profiling” as “any form of automated processing of personal information, as further defined by regulations pursuant to paragraph (16) of subdivision (a) of Section 1798.185 [of the CCPA], to evaluate certain personal aspects relating to a natural person and in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements,” leaving the contours relatively amorphous in scope.^[27]  Contrary to the scope defined by other comprehensive state privacy laws and GDPR, commenters have pointed out that the CPRA’s language casts an incredibly wide net that could be argued to cover everything from invasive facial recognition in public places to routine automated processes like calculators and spellcheckers that may process personal information.  As expressed in many CPPA public record comments, numerous stakeholders hoped the initial set of regulations would at least clarify this definition, for example, by limiting it to automated technologies that could create a material impact on a person, similar to the GDPR.^[28]
On April 18, 2022, the Ninth Circuit reaffirmed that scraping data in bulk from public websites, like LinkedIn profiles, likely does not breach the federal Computer Fraud and Abuse Act (“CFAA”).^[29]  In coming to its conclusion, the Ninth Circuit relied on 2021 U.S. Supreme Court precedent, Van Buren v. United States,^[30] which narrowed what constitutes a CFAA violation to include only situations in which there is unauthorized access to a computer system—in other words where authorization is required and has not been given.  The Ninth Circuit found that because there are no rules or access permissions to prevent access on a publicly available website, accessing that publicly available data cannot violate the CFAA.
In the second quarter of 2022, we again observed a stream of lawsuits alleging claims under state biometrics laws, in particular, claims relating to the use of facial recognition technology under BIPA.  Some notable developments:
The Northern District of Illinois determined that BIPA does not exclude photograph-derived facial information from its scope.^[31]  In Sosa et al. v. Onfido Inc., plaintiffs alleged that a biometric software company violated BIPA through software that scans uploaded photographs, extracts biometric identifiers, and determines if those photographs match uploaded identification cards.  While the scans were of photographs, the court found that scanning face geography on photographs was effectively obtaining biometric identifiers because nothing in BIPA specifies that the scan must be “in person.”
Several technology companies settled BIPA lawsuits relating to the use of facial recognition software.  On May 11, 2022, Clearview AI, Inc. settled a BIPA lawsuit filed in 2020 by the ACLU.^[32]  Under the settlement agreement, Clearview agreed to not sell its software to most private companies or individuals in the U.S.—a decision that will largely restrict its use in the U.S. to law-enforcement agencies.  On May 25, 2022, seven plaintiffs in the consolidated class action filed against the insurance technology company, Lemonade Inc., were granted preliminary approval of a $4 million settlement.  The lawsuit alleged that the company collected users’ facial data between June 2019 and May 2021 without first obtaining written consent or making mandatory disclosures required by BIPA.^[33]  As part of the settlement, Lemonade agreed to delete previously collected biometric data.
In July 2022, the new Digital Services Act (“DSA”), which would require major marketplace and social media platforms to provide insight into their algorithms to the government and to provide users with avenues to remove abusive content and disinformation, was adopted in the first reading by the European Parliament.  The DSA must now go through the final stages of adoption before being finalized with an effective date of January 2024 at the earliest.[34]  The DSA will impose different obligations on four categories of online intermediaries. The most stringent requirements apply to platforms and search engines with at least 45 million monthly active users in the EU – whether they are established inside or outside the EU – and require them to conduct risk assessments and independent audits, adopt certain crisis response mechanisms and heightened transparency requirements, provide access, upon request, to data for monitoring and assessing compliance, and establish a dedicated DSA compliance function.  Accordingly, the DSA – which will be directly applicable in all 27 EU member states – will bring with it significant compliance obligations for large online businesses as well as increased accountability to relevant authorities.
The European Parliament adopted a special report on AI, which sets out a list of demands to secure the EU’s position in AI, and points to research as one of the key means to achieving that goal.[35]  The report was developed by the Parliament’s special committee on AI and will underpin work on the upcoming AI Act.  The European Parliament’s aim is to support AI research in the EU by increasing public and private investment to €20 billion by 2030.  Policymakers believe that “with clear regulations and an investment push,” the EU can catch up with the U.S. and China in terms of AI investment, technology development, research, and attracting talent.
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[1] U.S. Dep’t of Commerce, Press Release, U.S. Department of Commerce Appoints 27 Members to National AI Advisory Committee (Apr. 14, 2022), available at https://www.commerce.gov/news/press-releases/2022/04/us-department-commerce-appoints-27-members-national-ai-advisory.
[2] Artificial Intelligence and Automated Systems Legal Update (1Q22), available at https://www.gibsondunn.com/artificial-intelligence-and-automated-systems-legal-update-1q22/.
[3] NIST, Building the NIST AI Risk Management Framework: Workshop #2 (Apr. 19, 2022), available at https://www.nist.gov/news-events/events/2022/03/building-nist-ai-risk-management-framework-workshop-2.
[4] Fed. Trade Comm’n, FTC Report Warns About Using Artificial Intelligence to Combat Online Problems (June 16, 2022), available at https://www.ftc.gov/news-events/news/press-releases/2022/06/ftc-report-warns-about-using-artificial-intelligence-combat-online-problems.
[5] Id.
[6] Fed. Trade Comm’n, Dissenting Statement of Commissioner Noah Joshua Phillips Regarding the Combatting Online Harms Through Innovation Report to Congress (June 16, 2022), available at https://www.ftc.gov/system/files/ftc_gov/pdf/Commissioner%20Phillips%20Dissent%20to%20AI%20Report%20%28FINAL%206.16.22%20noon%29_0.pdf.
[7] Letter to Hon. Lina Khan, Chair FTC (June 22, 2022), available at https://www.politico.com/f/?id=00000181-8b25-d86b-afc1-8b2d11e00000.
[8] S. 4201, 117^th Cong. (2021-2022); see also Press Release, Bennet Introduces Landmark Legislation to Establish Federal Commission to Oversee Digital Platforms (May 12, 2022), available at https://www.bennet.senate.gov/public/index.cfm/2022/5/bennet-introduces-landmark-legislation-to-establish-federal-commission-to-oversee-digital-platforms.
[9] H.R. 7585, 117^th Cong. (2021-2022).
[10] Cal. Ins. Comm’r, Bulletin 2022-5 (June 30, 2022), available at https://www.insurance.ca.gov/0250-insurers/0300-insurers/0200-bulletins/bulletin-notices-commiss-opinion/upload/BULLETIN-2022-5-Allegations-of-Racial-Bias-and-Unfair-Discrimination-in-Marketing-Rating-Underwriting-and-Claims-Practices-by-the-Insurance-Industry.pdf.
[11] Id.
[12] Id.
[13] EEOC, EEOC Launches Initiative on Artificial Intelligence and Algorithmic Fairness (Oct. 28, 2021), available at https://www.eeoc.gov/newsroom/eeoc-launches-initiative-artificial-intelligence-and-algorithmic-fairness.
[14] EEOC, The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees (May 12, 2022), available at https://www.eeoc.gov/laws/guidance/americans-disabilities-act-and-use-software-algorithms-and-artificial-intelligence?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term.
[15] EEOC v. iTutorGroup, Inc., No. 1:22-cv-02565 (E.D.N.Y. May 5, 2022).
[16] American Data Privacy and Protection Act, H.R. 8152, 117th Cong. (2022).
[17] The full text of the proposed statute is available here.
[18] Specifically, the legislation limits covered entities to collecting, processing, or transferring data based on what is “reasonably necessary and proportionate” to (1) provide or maintain a specific product or service requested by the individual to whom the data pertains, (2) deliver a communication that is reasonably anticipated by the individual recipient in the context of the individual recipient’s interactions with the covered entity, or (3) for one of the “permissible purposes” enumerated in the bill’s text.  The bill would further prohibit the collection and processing of sensitive data “except where such collection or processing is strictly necessary to provide or maintain a specific product or service requested by an individual to whom the covered data pertains” or to effectuate one of the permitted purposes.
[19] The ADPPA would also impose requirements on relationships between covered entities and services providers and third parties, including requirements for contractual terms, and requires covered entities to implement certain accountability measures, like the appointment of data privacy and security officers.
[20] ADPPA § 2(9).
[21] ADPPA § 2(8).
[22] ADPPA § 207(c)(2).
[23] ADPPA § 207(c)(1).
[24] ADPPA § 207(c)(1)(B)(vi)(I)–(IV).
[25] ADPPA § 207(c)(5)(B).
[26] The full text of the proposed regulations is available here.
[27] Cal. Civ. Code § 1798.140(z) (emphasis added).
[28] The GDPR uses an impact to risk–based approach—only governing processing “which produces legal effects concerning him or her or similarly significantly affects him or her.”  GDPR at Art. 22(1) (emphasis added).  For example, this may include loan or employment applications.
[29] hiQ Labs Inc. v. LinkedIn Corp., No. 17-16783 (9th Cir. 2022).
[30] 141 S. Ct. 1648 (2021).
[31] Sosa et al. v. Onfido Inc., No. 20-cv-4247 (N.D. Ill. 2022).
[32] ACLU v. Clearview AI, Inc., 2020 CH 04353 (Cir. Ct. Cook Cty., Ill. 2022).
[33] Prudent v. Lemonade Inc. et al., 1:21-cv-07070 (S.D.N.Y. 2022).
[34] European Commission, The Digital Services Act package, available at https://digital-strategy.ec.europa.eu/en/policies/digital-services-act-package.
[35] European Parliament, Report – A9-0088/2022, REPORT on artificial intelligence in a digital age (Apr. 5, 2022), available at https://www.europarl.europa.eu/doceo/document/A-9-2022-0088_EN.html; see further Goda Naujokaityte, Parliament gives EU a push to move faster on artificial intelligence, Science Business (May 5, 2022), available at https://sciencebusiness.net/news/parliament-gives-eu-push-move-faster-artificial-intelligence.
The following Gibson Dunn lawyers prepared this client update: H. Mark Lyon, Frances Waldmann, Emily Lamm, and Samantha Abrams-Widdicombe.
Gibson Dunn’s lawyers are available to assist in addressing any questions you may have regarding these developments.  Please contact the Gibson Dunn lawyer with whom you usually work, any member of the firm’s Artificial Intelligence and Automated Systems Group, or the following authors:
H. Mark Lyon – Palo Alto (+1 650-849-5307, mlyon@gibsondunn.com)
Frances A. Waldmann – Los Angeles (+1 213-229-7914,fwaldmann@gibsondunn.com)
Please also feel free to contact any of the following practice leaders and members:
Artificial Intelligence and Automated Systems Group:
J. Alan Bannister – New York (+1 212-351-2310, abannister@gibsondunn.com)
Patrick Doris – London (+44 (0)20 7071 4276, pdoris@gibsondunn.com)
Cassandra L. Gaedt-Sheckter – Co-Chair, Palo Alto (+1 650-849-5203, cgaedt-sheckter@gibsondunn.com)
Kai Gesing – Munich (+49 89 189 33 180, kgesing@gibsondunn.com)
Ari Lanin – Los Angeles (+1 310-552-8581, alanin@gibsondunn.com)
Carrie M. LeRoy – Palo Alto (+1 650-849-5337, cleroy@gibsondunn.com)
H. Mark Lyon – Co-Chair, Palo Alto (+1 650-849-5307, mlyon@gibsondunn.com)
Vivek Mohan – Co-Chair, Palo Alto (+1 650-849-5345, vmohan@gibsondunn.com)
Alexander H. Southwell – New York (+1 212-351-3981, asouthwell@gibsondunn.com)
Christopher T. Timura – Washington, D.C. (+1 202-887-3690, ctimura@gibsondunn.com)
Eric D. Vandevelde – Los Angeles (+1 213-229-7186, evandevelde@gibsondunn.com)
Michael Walther – Munich (+49 89 189 33 180, mwalther@gibsondunn.com)
© 2022 Gibson, Dunn & Crutcher LLP
Attorney Advertising: The enclosed materials have been prepared for general informational purposes only and are not intended as legal advice.
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CMSWire's customer experience (CXM) channel gathers the latest news, advice and analysis about the evolving landscape of customer-first marketing, commerce and digital experience design.
In a challenging economic landscape, marketers are forced to evaluate which tech really impacts business and revenue goals.
We identified six martech categories — three legacy and three emerging — that no marketer can afford to ignore right now. But using them in the same-old or limited ways can be counter-productive in today’s evolving landscape. These six martech categories are "must-have," but they are also "must-change."
Email — a key "owned marketing" pillar is more important than ever in a first-party data world. It has stood the test of time even as a new and complex ecosystem of marketing technology has grown up all around it.
This has led to two challenges. First, said Will Devlin, VP of Marketing at MessageGears, is figuring out email’s place in the overall marketing mix and making sure it works cohesively with every other CX touchpoint. Second, its legacy status often misleads marketers into making a typical mistake — not investing enough or in the right ways to upgrade their email marketing tech capabilities.
Eyal Manor, Chief Product Officer at Twilio, also cautioned against hanging onto large lists filled with inactive or unresponsive customers. Not only do they lower overall engagement rates and annoy customers, but they also put you at risk of higher spam complaint rates and non-compliance with privacy laws.
Upgrade your email strategy and tech!
For the former, focus on smoother integration into new and complex CX workflows, data, privacy and compliance and evolved measurement metrics.
For the tech, explore ways to leverage the visual advantage of email. Mobile optimized email, in-mail video, seamless connections with social media, click-to-share and click-to-chat links and interactivity with polls, quizzes and gamification are all worth exploring. “It’d be foolish to overlook upgrading that component of the tech stack,” said Devlin.
In a 2022 Twilio report, 63% of consumers said they are happy with personalization — but want brands to use first-party data and not data sourced from third parties. Marketing analytics stacks that collect and analyze first-party data help brands be both consumer-first and privacy-first.
That means instead of going wider — collecting disconnected data about every channel — next-gen marketing analytics will focus on going deeper into each customer’s life. The goal is to analyze a connected (not fragmented) view of each customer’s life across every channel she uses, with prescriptive, predictive and real-time marketing analytics to support smarter decision making.
Find ways to reframe your marketing analytics around the customer instead of the channel or the campaign. Not only will this approach support your CX goals, but it will also drive up customer lifetime value and drive down customer acquisition costs.
Also, invest some time to explore the hidden parts of your customer’s journey — unseen interactions that marketing attribution systems cannot track but which impact customer decisions at each stage of the journey.
Related Article: Eliminating Vanity Metrics From the Analytics Portfolio
Hands down, the biggest evolution in search engine optimization (SEO) is in the areas of voice-enabled search. This will be a new skill for marketers to master as consumer voice search behavior is different from text search, with longer sentences and more nuance offered by tone and implication. Coupled with increasingly artificial intelligence-powered search engines, not only are search results getting more powerful, but also way more granular and predictive.
Without delay, start prepping your content for video and voice search, image optimization and overall improvement in content credibility and authoritativeness.
While video looked set to be the next big thing when the pandemic struck, the challenge now is to sustain the use of video and virtual events to continue engaging audiences.
With 66% of consumers willing to pay for a virtual event that has better production and content quality, Manor said the bar is already high when it comes to creating customized virtual event experiences. “It’s estimated that 20% of all online conversions will be driven by short and live videos by 2026 — but winning is all about the quality of content.” He cited the example of Barry’s Bootcamp, which has seen 6x growth in memberships by investing in videos that closely mirror the brick-and-mortar, interactive class experience.
There’s no doubt that consumers watch relevant video content. But relevance is more than the message — it is also the channel, timing and context. Figure these elements in totality for the winning formula; i.e., your video content is found, clicked on, consumed and, preferably, shared.
Video search optimization, getting captioning right so videos can be watched effectively without sound and ensuring contextual relevance between text and video content are all key tactics to ace right now.
Instant messenger, text, SMS or speech chatbots are evolving fast and actually delivering big time in helping brands deliver 24×7 access and customer service. A Juniper Research study pegged chatbot-facilitated consumer retail spend growth at close to 400% — rising from $2.8 billion in 2019 to $142 billion by 2024.
For marketers, chatbots are about elevating the CX. Pieter Buteneers, director of engineering in machine learning (ML) & AI at conversational AI and CX platform Sinch, endorsed the growing sophistication of chatbots and other conversational AI assistants that are no longer tripped up by typos, regional slang or shifts in topics. “Thanks to NLP, today’s chatbots can meet and even surpass human performance in tasks like language understanding and image recognition.”
Applications in marketing and sales, payments, order processing and customer service are key opportunities for brands to explore right now. With consumers saying they’d spend 20% more with businesses that offer conversational messaging, marketers should focus on emerging entry points, a data-centric approach and constant iteration, said Manor.
For example, he suggested exploring click-to-start-messaging ads, which deliver a more engaging experience than a static landing page, offer an early entry point into a conversation, build trust higher in the funnel and increase conversions and loyalty because “businesses can use the zero- and first-party customer data to continually surface insights and iterate messaging so agents can help consumers complete purchases.”
Customers want to initiate chats on their favorite platforms such as Facebook Messenger, WhatsApp, WeChat, Slack or text messaging — or on social media and locational marketing apps such as maps and search. Go beyond your own websites or apps. Explore the full range of conversational AI channels and find what serves your business and customers best.
Related Article: How Will Conversational AI Transform Customer Experience?
Every major publisher has a head of audio, and their team head counts are growing. Almost everyone — brands, publishers and individual influencers — has a podcast or several, the podcast production and distribution ecosystem is more accessible than ever and the competition between podcast platforms is intensifying. There’s no denying this channel is mainstream now.
New formats are emerging, too — live streaming podcasts to social platforms, "immersive" podcasts that use the latest in sound production technology, crowdsourced content, exclusive branded content for inner circle customers and more are trends to watch.
Assuming your brand already has podcasts in production, go deeper into exploring ways to monetize your audio content and better track or measure outcomes from podcast advertising investments. Audience growth strategies designed to engage younger, learning-focused audiences should be a core focus area for the year.
Martech stacks are quickly making way for "CX stacks" built around strong data foundations that better balance data privacy and activation. Refreshing your use of key martech will help you stay aligned with the larger business goal and get the best outcomes from your tech investments.

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