Technology & Marketing Law Blog

AUGUST 18, 2024

Arati Prabhakar, the Director of the White House Office of Science and Technology Policy, highlighted key issues the administration continues to prioritize, including bias, discrimination, data privacy, and worker displacement. If not, then the creator economy will continue to be an unbalanced ecosystem that fails to reach its full potential.

Blogging 119

Blogging Reporting Privacy Branding 119

Technology & Marketing Law Blog

JUNE 7, 2022

July 7, 2020): “The privacy policy includes a section titled “Rights of California Residents,” which addresses requirements of the California Consumer Privacy Act (“CCPA”), Cal. ” * Bloomberg : Global Privacy Control Popularity Grows as Legal Status Up in Air. Voodoo SAS v. SayGames LLC, 2020 WL 379165 (N.D.

Privacy 122

Privacy Social Media Litigation Business 122

Technology & Marketing Law Blog

JULY 12, 2021

Instead, the allegations recount Microsoft’s numerous (robust) privacy-related representations made to customers. Microsoft also harvests business customer data to develop and sell to others a marketing product called Microsoft Audience Network, which Microsoft admits derives enormous value from processing customer data.

Privacy 111

Privacy Business Due Diligence Marketing 111

Technology & Marketing Law Blog

APRIL 28, 2023

by guest blogger Jess Miers, Legal Advocacy Counsel at Chamber of Progress [Eric’s intro: last year I blogged about Minnesota’s flirtation with mandatory age verification. Default Privacy Settings. This year is a glaring reminder of the consequences of passing terrible Internet policy through state legislatures.

Copying 133

Copying Designs Design Blogging 133

IPilogue

SEPTEMBER 7, 2021

In August, Apple made headlines by introducing new privacy features in their upcoming software updates. Over the years, Apple has cultivated a strong reputation as a protector of consumer privacy. One of their core values and popular marketing point s is that “privacy is a fundamental human right.”

Privacy 105

Privacy Technology Reporting Branding 105

IPilogue

AUGUST 27, 2021

Privacy has been a reoccurring issue debated across the world as virtual communication is no longer seen as an option but essential to working remotely during a pandemic. Not only does this violate our privacy rights, but it also creates a bigger ethical dilemma within the economic market. Zoom: The 2020 Icon of Remote Work.

Privacy 105

Privacy Social Media Confidentiality Business 105

Technology & Marketing Law Blog

JUNE 17, 2023

Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims. Plaintiffs’ claims for breach of the GitHub Privacy Policy and Terms of Service, violation of the CCPA, and negligence are dismissed with leave to amend. But not so, says the court.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

Technology & Marketing Law Blog

AUGUST 16, 2021

Blackbaud “provides data collection and maintenance software solutions for administration, fundraising, marketing, and analytics to social good entities such as non-profit organizations, foundations, educational institutions, faith communities, and healthcare organizations.” 24. * Californians: VOTE NO ON PROP.

Privacy 128

Privacy Blogging Business Marketing 128

Technology & Marketing Law Blog

JULY 23, 2024

Rebecca Tushnet and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. The post Announcing the Seventh Edition of Advertising & Marketing Law Casebook by Tushnet & Goldman appeared first on Technology & Marketing Law Blog.

Editing 98

Editing Advertising Advertising Marketing 98

Technology & Marketing Law Blog

MAY 17, 2024

This slightly opens the door for other platforms to claim that their ToS protect different interests, such as users’ privacy. Contracts designed solely to control the flow of information are distinguished from those protecting other values, such as privacy. Standard form agreements can be separated from negotiated contracts.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

Technology & Marketing Law Blog

FEBRUARY 15, 2024

Marketa Trimble [Eric’s introductory note: I briefly addressed the DSA in this blog post , along with the attached meme. the California Consumer Privacy Act is a prime example of GDPR spillover. Intermediaries (Guest Blog Post) appeared first on Technology & Marketing Law Blog. by guest blogger Prof.

Blogging 105

Blogging Due Diligence Designs Design 105

Technology & Marketing Law Blog

AUGUST 8, 2022

It’s “burn-down-the-Internet” week on the blog, during which I will recap three bad California bills that the California legislature is poised to enact. For background on the bill and its voluminous problem, see this lengthy blog post. Today’s bill is AB 2273, the most pernicious of the three.

Designs 125

Designs Design Privacy Blogging 125

Technology & Marketing Law Blog

MAY 16, 2022

Indeed, ephemeral messaging offers many benefits for enterprises, particularly in the areas of information governance and compliance with data protection and privacy statutes. The post Messaging Apps Raise Tricky E-Discovery Issues (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 134

Blogging Litigation Intellectual Property Privacy 134

Technology & Marketing Law Blog

MARCH 15, 2023

This is not the first time my blog has been subject to right-to-be-forgotten (RTBF) takedowns. But every time the RTBF is applied to my blog, it’s probably a wrongful application of a misguided policy and worth relaying here. It is critical information, even if the blog is just a bit player in the matter.

Blogging 105

Blogging Editing Law Government 105

Technology & Marketing Law Blog

FEBRUARY 13, 2022

See, e.g., In re Ring LLC Privacy Litigation (C.D.Cal., JustAnswer (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The post California Appellate Court Rejects Poorly Executed “Sign-In Wrap”–Sellers v.

Blogging 116

Blogging Contracts Law Privacy 116

The IPKat

AUGUST 19, 2021

Kluwer Trademark Blog reported here on this ruling. Other Class 46 blog shared information on a new initiative by the Chinese government. The companies on the List will be subject to stricter and more frequent inspections by market authorities. Foss Blog pondered privacy concerns when using Apple apps.

Blogging 62

Blogging IP Privacy Reporting 62

Technology & Marketing Law Blog

OCTOBER 26, 2021

This fast lane is a historical anachronism; it does little to balance the privacy interests of the alleged infringer. Knowing what we know now about the dangers of unmasking subpoenas, I would like to think that Congress would draft 512(h) with more privacy sensitivity today. Market effect. Does (Guest Blog Post).

Privacy 124

Privacy Fair Use Blogging Copyright 124

Technology & Marketing Law Blog

FEBRUARY 28, 2023

. “For decades, businesses have devoted significant time and effort to developing compliance programs for the federal Children’s Online Privacy Protection Act (“COPPA”), a nationwide preemptive children’s privacy standard.

Designs 128

Designs Design Privacy Blogging 128

Technology & Marketing Law Blog

AUGUST 22, 2022

AB 2273 claims to protect kids’ privacy, but instead it counterproductively puts children’s sensitive data at greater privacy and security risks. The post Op-Ed: The Plan to Blow Up the Internet, Ostensibly to Protect Kids Online (Regarding AB 2273) appeared first on Technology & Marketing Law Blog.

Privacy 145

Privacy Business Blogging Publishing 145

Technology & Marketing Law Blog

AUGUST 10, 2022

It’s “burn-down-the-Internet” week on the blog, during which I am recapping three bad California bills that the California legislature is poised to enact. For background on the bill and its voluminous problems, see this lengthy blog post. Monday, I covered AB 2273, the Age-Appropriate Design Code.

Social Media 136

Social Media Blogging Privacy Government 136

Technology & Marketing Law Blog

JUNE 10, 2022

The plaintiff sued HDR for ECPA and common law privacy violations. Plaintiff had no authority over the Groups’ privacy settings and no voice in the screening process used to determine membership. While the court’s opinion is appropriately grounded in the precedent, it was tone-deaf to the privacy invasion. Implications.

Privacy 144

Privacy False Advertising Contracts Advertising 144

Technology & Marketing Law Blog

JULY 9, 2024

My prior blog post. ” The invasion of privacy claim fails “because Facebook’s data policy gives clear notice that third party partners may share data with Facebook, Lloyd did not have a reasonable expectation of privacy in this information.” Facebook appeared first on Technology & Marketing Law Blog.

Contracts 98

Contracts Privacy Blogging Publishing 98

Technology & Marketing Law Blog

JANUARY 23, 2024

The pre-populated message indicated that Plaintiff was opting into Mizzen and Main’s program and agreed to receive marketing alerts. Plaintiff also fails to mention that the “Terms” and “Privacy” links are underlined, indicating that they are hyperlinks. But the fact that some do is appalling.

Contracts 98

Contracts Blogging Advertising Advertising 98

Technology & Marketing Law Blog

OCTOBER 16, 2022

This is a standard kitchen-sink pro se lawsuit against Facebook, but it touches a couple of key blog themes that makes it worth covering. Twitter , the court says: Facebook’s Community Standards state that they are committed to making Facebook a safe and authentic place and protecting privacy. Americans With Disabilities Act.

Government 111

Government Privacy Blogging Publishing 111

Technology & Marketing Law Blog

DECEMBER 9, 2022

The post Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2) appeared first on Technology & Marketing Law Blog. Which is why so much of the tech press’s coverage of this issue is bonkers.

Blogging 131

Blogging Law Contracts Cease and Desist 131

Technology & Marketing Law Blog

AUGUST 4, 2022

The post More Evidence of the CFAA Post-Van Buren/hiQ Jurisprudential Anarchy (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Just when you thought criminal prosecutions under the CFAA for accessing public websites were a thing of the past….

Blogging 116

Blogging Technology Publishing Law 116

Technology & Marketing Law Blog

JANUARY 25, 2024

Bright Data claims that it was using its Facebook and Instagram accounts for marketing purposes and was never logged in to its accounts when scraping. He’s going out of his way to enable them–despite the broad-scale movement elsewhere to crack down on data brokers and enhance consumer privacy. The post Game On!

Blogging 98

Blogging Contracts Cease and Desist Confidentiality 98

Technology & Marketing Law Blog

SEPTEMBER 16, 2022

For example: “If a conflict arises between commercial interests and the best interests of children, companies should prioritize the privacy, safety, and well-being of children over commercial interests.” What are the long-term privacy and security implications of routinized and widespread face scanning?

Designs 119

Designs Design Privacy Business 119

Technology & Marketing Law Blog

JULY 26, 2023

When doing so, defendant had to agree to the Terms and Privacy Policy. Those terms and privacy policies were hyperlinked. Doe (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Defendant created an account to access Chegg’s data. The terms prohibited scraping.

Cease and Desist 98

Cease and Desist Blogging Contracts Privacy 98

Technology & Marketing Law Blog

FEBRUARY 17, 2024

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. Those options lower access barriers for users to create accounts, so they are often compelling to the marketing team. CMG appeared first on Technology & Marketing Law Blog.

Privacy 115

Privacy Litigation Marketing Marketing 115

IPilogue

JANUARY 31, 2022

As part of the course requirements, students were asked to write a reflective blog on their internship experience. Privacy and Access to Information Requests. TVO is currently in the process of updating its privacy policies and procedures. I have a much better understanding of this area of law now as a result.

IP 105

IP Privacy Intellectual Property Law Television 105

Technology & Marketing Law Blog

OCTOBER 16, 2023

[Sorry it’s take me this long to get this blog post off my desk. Regulated expressive conduct The AADC frames itself a “privacy” law, but that’s always been a gross lie. I hope it was worth the wait.] Of course, there will be an appeal, so the Internet’s fate remains unsettled. their website).

Designs 109

Designs Design Privacy Business 109

Technology & Marketing Law Blog

JANUARY 22, 2023

The court says: “New York courts have long construed Sections 50 and 51 to provide a statutory right to privacy , not property… New York does not recognize the common law right of publicity. Originally, publicity rights were an outgrowth of privacy law. Pierre Fabre appeared first on Technology & Marketing Law Blog.

Privacy 111

Privacy Intellectual Property IP Intellectual Property Law 111

Technology & Marketing Law Blog

JULY 18, 2023

Second, zooming out further, the case revolves around a topic covered on this blog routinely: data scraping. Google (Guest Blog Post) appeared first on Technology & Marketing Law Blog. A matter that is likely to receive even more attention going forward with the increased importance of generative AI.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

Technology & Marketing Law Blog

DECEMBER 13, 2024

Influencer marketing has become increasingly central to commerce. Given the meteoric rise of dupe marketing , will content creators suggesting lower-cost alternatives to popular products have to watch their backs too? Sheil (Guest Blog Post) appeared first on Technology & Marketing Law Blog. –Gifford v.

Blogging 64

Blogging Social Media Law IP 64

Technology & Marketing Law Blog

DECEMBER 31, 2021

This is my last blog post for 2021. Thanks for reading the blog this year! Other Blog Posts on 512(h). Q2 2015 Quick Links, Part 1 (IP, Marketing and More). The post Twitter Can’t Quash a 512(h) Subpoena appeared first on Technology & Marketing Law Blog. 2021 WL 6135300 (N.D. Maximized Living v.

Fair Use 124

Fair Use Blogging Marketing Marketing 124

IPilogue

FEBRUARY 2, 2022

As part of the course requirements, students were asked to write a reflective blog on their internship experience. I also had the pleasure of working with Cristina Aguirre, Privacy Officer at AstraZeneca, and learned about the day-to-day operations of a major pharmaceutical company from her perspective.

Business 105

Business Privacy Intellectual Property Law Advertising 105