Updates on developments in data privacy and cybersecurity
On Tuesday, February 14, 2023, the Senate Judiciary Committee held a hearing titled “Protecting Our Children Online.” The witnesses included only consumer advocates, and no industry representatives. As Committee Chair, however, Senator Durbin (D-IL) indicated that he plans to hold another hearing featuring representatives from technology companies.…
Continue Reading Senate Judiciary Committee Holds Hearing on Children’s Online Safety
On October 10, 2022 the draft rules implementing the Colorado Privacy Act (“CPA”) were officially published in the Colorado Register. Written comments on the draft rules are due by November 7, 2022. The CPA draft rules share some similarities with the draft rules set forth by the California Privacy Protection Agency (“CPPA”) interpreting the California Privacy Rights Act (“CPRA”). Both sets of draft rules address requirements for privacy policy disclosures, consumer rights requests, and providing opt-out mechanisms. However, there are a number of key differences between the two drafts. We highlight some of these below.…
Continue Reading Colorado Attorney General Releases Draft CPA Rules
The Colorado Department of Law issued draft rules implementing the Colorado Privacy Act. The proposed draft rules will be published in the Colorado Register and available for comment on October 10, 2022.
On September 4th, the White House Office of Science and Technology Policy (“OSTP”) released its Blueprint for an AI Bill of Rights (“Blueprint”), which identifies five principles to minimize potential harms stemming from certain applications of AI. The Blueprint recognizes the “extraordinary benefits” that AI can provide, and the Blueprint states that harms stemming from AI are not inevitable. …
Continue Reading White House Releases Blueprint for AI Bill of Rights
This morning, the Supreme Court granted certiorari in Gonzalez v. Google LLC, 2 F.4th 871 (9th Cir. 2021) on the following question presented: “Does section 230(c)(1) immunize interactive computer services when they make targeted recommendations of information provided by another information content provider, or only limit the liability of interactive computer services when they engage in traditional editorial functions (such as deciding whether to display or withdraw) with regard to such information?” This is the first opportunity the Court has taken to interpret 47 U.S.C. § 230 (“Section 230”) since the law was enacted in 1996.…
On September 16, the Fifth Circuit issued its decision in NetChoice L.L.C. v. Paxton, upholding Texas HB 20, a law that limits the ability of large social media platforms to moderate content and imposes various disclosure and appeal requirements on them. The Fifth Circuit vacated the district court’s preliminary injunction, which previously blocked the Texas Attorney General from enforcing the law. NetChoice is likely to ask the U.S. Supreme Court to review the Fifth Circuit’s decision.…
Continue Reading Fifth Circuit Upholds Texas Law Restricting Online “Censorship”
The California Privacy Protection Agency (“CPPA”) announced it will hold a special meeting on July 28, 2022 at 9 a.m. PST to discuss and potentially act on proposed federal privacy legislation, including the bipartisan American Data Protection and Privacy Act (“ADPPA”) (H.R. 8152). The ADPPA is a comprehensive data privacy bill that advanced through…
On January 18, 2022, a New Jersey bill which prohibits employers from making use of tracking devices in vehicles operated by employees without providing written notice was passed into law. See Assembly Bill A3950. Effective April 18, 2022, the law will subject employers that knowingly make use of a “tracking device” in a vehicle used by an employee without providing written notice to the employee to civil penalties not exceeding $1,000 for the first violation and not exceeding $2,500 for the second violation. Id.…
Continue Reading New Jersey Law Requires Employers to Provide Notice Before Tracking Vehicles
This week, Senators Ed Markey (D-Mass.) and Bill Cassidy (R-La.) introduced the Children and Teens’ Online Privacy Protection Act, which would update the Children’s Online Privacy Protection Act (COPPA). COPPA is the comprehensive federal children’s privacy law enacted in 1998 that regulates the collection, use, and disclosure of personal information online from children under 13. …
Continue Reading Senators Markey and Cassidy Introduce Bill to Update the Children’s Online Privacy Protection Act
As the push for Congress to pass comprehensive consumer privacy legislation increases, Rep. Suzan DelBene (D-WA) has re-introduced the Information Transparency & Personal Data Control Act, a compromise proposal that contains provisions sought by both parties. This bill would create national data privacy standards and increase the enforcement authority of the Federal Trade Commission (FTC) and state attorneys general. …
Continue Reading Bill Introduced Would Preempt State Laws and Strengthen FTC Enforcement
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