Jonathan Bick in the New York Law Journal: Updating Website Terms for Lawful AI Integration
Date Published: 10/19/2026
Originally published in the New York Law Journal
As e-commerce platforms rapidly integrate artificial intelligence into customer-facing operations, businesses encounter mounting legal exposure—from unauthorized automated data scraping and infringing content to non-compliant communications, automated bot transactions, and hallucinated chatbot representations.
In his latest article for the New York Law Journal, Jonathan Bick explores how modernizing online terms of use can serve as a critical front-line risk management strategy. Key legal and practical considerations highlighted in the analysis include:
Restricting Unauthorized Automated Agents: Drafting clear contractual boundaries against rogue bots and automated purchasing tools that scrape proprietary data or disrupt platform operations.
Managing Chatbot & Communication Liability: Implementing explicit disclosures, operational disclaimers, and liability limitations around automated customer service tools to counter potential false or misleading claims.
Clarifying AI-Driven Pricing & Data Practices: Addressing legal risks surrounding algorithmic or dynamic pricing to protect against consumer privacy infringements and discrimination claims.
Recognizing Contractual Limits: Ensuring businesses understand that while comprehensive terms of use are essential to mitigate liability, contractual provisions alone cannot entirely displace statutory, regulatory, or administrative enforcement.
Read the full article in the New York Law Journal
Jonathan D. Bick
Counsel
Patent, Intellectual Property & IT, Copyright Agent Services
973.403.3155 · 973.618.5555 Fax
jbick@bracheichler.com
Related Practices: Patent, Intellectual Property & IT
Related Attorney: Jonathan D. Bick
Related Industry: Technology
