Blogging and Privacy - Intellectual Property Pulse

Writers! Do You Know your Drafts on MS Word are being Scooped by Microsoft to Build its AI Algorithm? But You Can Stop This From Happening (Read On).

Hugh Stephens Blog

JANUARY 18, 2025

Image: Shutterstock Although I post my blog content on WordPress, I usually use MS Word to draft my content initially. Little did I know that, according to the blogsite and forum nixCraft, Microsoft recently (September Privacy update) switched on a feature that allows them … Continue reading "Writers!

Privacy

Privacy Blogging Copyright

Analysing Dipak Ranjan Mukherjee vs. Ministry of Commerce & Industry in Context of Transparency, Privacy and the RTI Act

SpicyIP

NOVEMBER 19, 2024

In an interesting development, the CIC recently rejected an RTI application concerning information on IPRS’ compliance with the Copyright Act, upholding privacy for private organizations and confidentiality of inquiry reports that have not been tabled in front of the Parliament. Kartikeya is a second-year law student of the LL.B.

Privacy

Privacy Reporting Copyright Government

New Primer on the California Privacy Rights Act (CPRA)

Technology & Marketing Law Blog

AUGUST 18, 2021

In summer 2018, I wrote a short primer on the California Consumer Privacy Act (CCPA) soon after its passage. The passage of the California Privacy Rights Act (CPRA) in November 2020 necessitated a complete revamp. That primer proved to be quite popular, and I posted annual updated versions in summer 2019 and 2020.

Privacy

Privacy Blogging Law Reporting

Instacart’s Privacy Policy Protects Stripe from Consumer Privacy Claims–Silver v. Stripe

Technology & Marketing Law Blog

JULY 31, 2021

Instacart purports to bind consumers to its privacy policy via this screen: (Sorry for the poor image resolution. The court says Instacart creates an enforceable sign-in-wrap (ugh): The Court finds Instacart’s privacy policy conspicuous and obvious for several reasons. Airbnb , the green font for the privacy policy link is NBD.

Privacy

Privacy Technology Blogging Marketing

Differential Privacy: The Big Tech Solution to Big Data Privacy

IPilogue

DECEMBER 16, 2022

The AI revolution has brought about significant concerns about the privacy of big data. Thankfully, over the past decade, big tech has found a solution to this problem: differential privacy, which actors have implemented in various ways. government has implemented differential privacy for their 2020 census data.

Privacy

Privacy Technology Government Law

Do Mandatory Age Verification Laws Conflict with Biometric Privacy Laws?–Kuklinski v. Binance

Technology & Marketing Law Blog

APRIL 8, 2023

California passed the California Age-Appropriate Design Code (AADC) nominally to protect children’s privacy, but at the same time, the AADC requires businesses to do an age “assurance” of all their users, children and adults alike. Doing age assurance/age verification raises substantial privacy risks.

Privacy

Privacy Law Contracts Design

Privacy Lawsuit Based on Website Tracking by Service Provider Trimmed

Technology & Marketing Law Blog

OCTOBER 28, 2021

On behalf of a putative class, the plaintiffs asserted privacy claims—including for wiretapping—under California law. As an initial matter, the court says that Nike’s privacy policy does not undermine plaintiff’s claims. The Cookie Crumbles for Amazon Privacy Plaintiffs – Del Vecchio v. Nike, Inc., Specific Media. Interclick.

Privacy

Privacy IP Law Blogging

Augmented Reality Filters May Violate Privacy Law–Hartman v. Meta

Technology & Marketing Law Blog

SEPTEMBER 18, 2024

But before we get there, AR filters are in jeopardy due to an old-school privacy law, the Illinois Biometric Information Privacy Act (BIPA). To some privacy lawyers, this is a prima facie violation of BIPA. Selected BIPA Blog Posts AWS Can’t Shake BIPA Lawsuit for Providing Services to NBA 2K–Mayhall v. The complaint.

Privacy

Privacy Law Social Media Blogging

Announcing the 2020-2021 Winners of the Gowling WLG Best Blog in IP Law and Technology Prize

IPilogue

JULY 19, 2021

IP Osgoode would like to congratulate the winners of the Gowling WLG Best Blog in IP Law and Technology Prize for 2020-2021. Four prizes in total are awarded each year to Osgoode students and the winning blog posts are featured in the IPilogue. Best Blog Comment : We did not award a winner for this category.

Blogging

Blogging Technology IP Law

Quick Links From the Past Year, Part 1 (CCPA and Privacy)

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

Privacy Social Media Litigation Business

Minnesota’s Attempt to Copy California’s Constitutionally Defective Age Appropriate Design Code is an Utter Fail (Guest Blog Post)

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

Copying Design Designs Blogging

‘365 for Business’ Users’ Privacy Lawsuit Dismissed–Russo v. Microsoft

Technology & Marketing Law Blog

JULY 12, 2021

Instead, the allegations recount Microsoft’s numerous (robust) privacy-related representations made to customers. Claim under Washington’s CPA : The court says first that plaintiffs “overpayment theory” (that they would not have paid as much in price had they known of Microsoft’s lax privacy practices”) states a cognizable injury.

Privacy

Privacy Business Due Diligence Marketing

Privacy Plight: Apple’s Proposed Changes & Consumer Pushback

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

Privacy Technology Reporting Branding

Announcing the 2021-2022 Winners of the Gowling WLG Best Blog in IP Law and Technology Prize

IPilogue

JULY 18, 2022

Best Blog in IP Law and Technology Prize for 2021-2022. Four prizes in total are awarded each year to Osgoode students and the winning blog posts are featured in the IPilogue. Gowling WLG Best Blog in IP Law and Technology Prize? Best Blog: Kwangil (David) Park: What is a Method of Medical Treatment? . Gowling WLG ?Best

Blogging

Blogging Technology IP Law

The Office Of The Information And Privacy Commissioner Of Ontario Responds To The Province’s Proposal For Private Sector Privacy Law Reform

IPilogue

SEPTEMBER 21, 2021

On September 7, 2021, the Office of the Information and Privacy Commissioner of Ontario (IPC) issued its response to the Ontario government’s white paper on proposals for a provincial private sector privacy law, as previously reported by the E-TIPS® Newsletter here.

Privacy

Privacy Law Government Reporting

Hey—You’re Muted! Privacy in the Zoom-Era

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

Privacy Social Media Confidentiality Business

How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)

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

Blogging Licensing Privacy Copyright Notice

UK Court Finds Use Of Ring Surveillance Equipment Infringes Privacy Rights Associated With The General Data Protection Regulation

IPilogue

NOVEMBER 1, 2021

After the parties failed to informally resolve the matter, the Claimant brought a case before the Court claiming numerous causes of action, including the Defendant’s breach of applicable privacy laws. Under Section 2 of the DPA, the privacy of individuals is protected by the Regulations.

Privacy

Privacy IP Law Blogging

2H 2022 Quick Links, Part 1 (Marketing, Privacy)

Technology & Marketing Law Blog

DECEMBER 27, 2022

“ Privacy. * Prior blog post. * The post 2H 2022 Quick Links, Part 1 (Marketing, Privacy) appeared first on Technology & Marketing Law Blog. In re Meta Pixel Healthcare Litigation, 2022 WL 17869218 (N.D. ” * Williams v. The settlement agreement.

Privacy

Privacy Marketing Marketing Social Media

Supreme Court of Canada Affirms Privacy Rights for IP Addresses

Nelligan Law

MARCH 20, 2024

The convicted individual contended that the police’s action of requesting IP address information without a warrant breached their privacy rights, as stipulated by the Canadian Charter of Rights and Freedoms. The claimant’s subjective expectation of privacy. The claimant’s interest in the subject matter.

Privacy

Privacy IP Government Law

CCPA Definitions Confuse the Judge in a Data Breach Case–In re Blackbaud

Technology & Marketing Law Blog

AUGUST 16, 2021

. * The Anticipated Domino Effect: Virginia Passes Second State “Comprehensive” Privacy Law (Guest Blog Post). * SF Chronicle Op-Ed: “Prop. 24 is the Wrong Policy Approach, at the Wrong Time, via the Wrong Process”. * Over 50 Privacy Professionals & Experts Oppose Prop. 24. * Californians: VOTE NO ON PROP.

Privacy

Privacy Blogging Business Marketing

Patents and Trade Secrets in AI and Life Sciences

JD Supra Law

FEBRUARY 11, 2025

This post is part of MoFos 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences.

Intellectual Property

Intellectual Property Privacy Blogging Contracts

X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

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

Blogging Contracts Fair Use Copyright Law

Taking Publicity and Privacy to the Grave: Delhi High Court on Descendability of Publicity Rights

SpicyIP

JULY 27, 2023

Arguments and Decision The plaintiff argued that the defendant has violated the late actor’s privacy and personality rights by its unauthorised use. The Hon’ble Court correctly dismissed the injunction application and upheld the non-descendability of the right to privacy and right to publicity. Maneka Gandhi and Deepa Jayakumar v.

Privacy

Privacy Personality Rights Blogging Publishing

Ontario Government To Eliminate Fax Machines Within The Next Five Years To Promote Patient Privacy And Access To Health Care

IPilogue

FEBRUARY 27, 2023

The Plan also recognizes that eliminating the use of fax machines would promote patient privacy, which aligns with the Information and Privacy Commissioner of Ontario’s (IPC’s) initiative to modernize Ontario’s health communication infrastructure. Joseph’s Healthcare Hamilton caused by misdirected faxes.

Privacy

Privacy Government Reporting IP

Messaging Apps Raise Tricky E-Discovery Issues (Guest Blog Post)

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

Blogging Litigation Intellectual Property Privacy

A Short Explainer of How California’s Age-Appropriate Design Code Bill (AB2273) Would Break the Internet

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.

Design

Design Designs Privacy Blogging

Around the IP Blogs

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. Foss Blog pondered privacy concerns when using Apple apps. The German Federal Supreme Court has ruled that the golden foil Lindt’s bunnies are protected by trade mark rights.

Blogging

Blogging IP Privacy Reporting

California Appellate Court Rejects Poorly Executed “Sign-In Wrap”–Sellers v. JustAnswer (Guest Blog Post)

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

Blogging Contracts Law Privacy

Around the IP Blogs

The IPKat

JANUARY 16, 2022

Take shelter in this post and check what was published last week around the IP blogs. The Patent Lawyer Magazine blog commented on this milestone as it points out a surge in innovation. The year has barely begun, and another period of Mercury retrograde is already upon us. Jamaica is the 110th Member State to join the Madrid Protocol.

Blogging

Blogging IP Publishing Intellectual Property

Fools’ Blog Responds to "I Read Dead Peoples’ Email"

Likelihood of Confusion

JULY 1, 2024

Republished by Blog Post PromoterActually responding to my post on the topic, Fools’ Blog: After Death E-Privacy [Link is now dead, sorry! — RDC]: With regard to the Marine’s privacy, does it apply now that he has passed? Originally posted 2012-10-29 11:41:35.

Blogging

Blogging Privacy

Encrypted Client Hello (ECH) Effectively Defeats Pirate Site Blocking

TorrentFreak

OCTOBER 6, 2023

However, as privacy concerns grew, new interfering technologies have emerged. Encrypted Client Hello A few days ago, Internet infrastructure company Cloudflare implemented widespread support for Encrypted Client Hello (ECH), a privacy technology that aims to render web traffic surveillance futile.

Privacy

Privacy Technology Blogging Copyright

Latest FTC Health Privacy Case Sheds Light on Agency Health Privacy Approaches

LexBlog IP

FEBRUARY 7, 2023

Health privacy has been a Federal Trade Commission (FTC) priority for decades, and indeed, one of its very first privacy cases , in the early 2000s, involved the inadvertent sharing of user health data. Fast-forward a few decades, and health privacy remains a major concern. Read full Data Counsel blog post here.

Privacy

Privacy Blogging Intellectual Property

“Private” Facebook Groups Aren’t Legally “Private”–Davis v. HDR

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

Privacy False Advertising Contracts Advertising

Why I Think California’s Age-Appropriate Design Code (AADC) Is Unconstitutional

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.

Design

Design Designs Privacy Blogging

Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)

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

Blogging Law Contracts Cease and Desist

Op-Ed: The Plan to Blow Up the Internet, Ostensibly to Protect Kids Online (Regarding AB 2273)

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. Newsom should veto it.

Privacy

Privacy Business Blogging Publishing

Court Orders Unmasking Subpoena of Alleged Infringers–Baugher v. GoDaddy

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. Does (Guest Blog Post). Case citation : Baugher v.

Privacy

Privacy Fair Use Blogging Copyright

A Short Explainer of Why California’s Social Media Addiction Bill (AB 2408) Is Terrible

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

Social Media Blogging Privacy Government

Facebook Isn’t Subject to the ADA–Lloyd v. Facebook

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

Contracts Privacy Blogging Publishing

The Law Bytes Podcast, Episode 124: David Fraser on Negotiating a CLOUD Act Agreement Between Canada and the United States

Michael Geist

APRIL 4, 2022

David Fraser is a lawyer with McInnes Cooper in Halifax and one of Canada’s leading privacy experts. He joins the Law Bytes podcast to talk about the Cloud Act, how it might fit into Canada’s privacy law framework, and how Canada should approach the negotiations. Updates on the podcast on Twitter at @Lawbytespod.

Privacy

Privacy Law Blogging Technology

Chegg Is Likely to Prevail on Its Anti-Scraping CFAA Claim…But Doesn’t Get an Injunction–Chegg v. Doe (Guest Blog Post)

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

Cease and Desist Blogging Contracts Privacy

Two More Cases Compel Arbitration for Dubious Online Contracts (Guest Blog Post)

Technology & Marketing Law Blog

JANUARY 23, 2024

Plaintiff also fails to mention that the “Terms” and “Privacy” links are underlined, indicating that they are hyperlinks. The post Two More Cases Compel Arbitration for Dubious Online Contracts (Guest Blog Post) appeared first on Technology & Marketing Law Blog. But the fact that some do is appalling.

Contracts

Contracts Blogging Advertising Advertising

Writers! Do You Know your Drafts on MS Word are being Scooped by Microsoft to Build its AI Algorithm? But You Can Stop This From Happening (Read On).

Analysing Dipak Ranjan Mukherjee vs. Ministry of Commerce & Industry in Context of Transparency, Privacy and the RTI Act

Trending Sources

New Primer on the California Privacy Rights Act (CPRA)

Instacart’s Privacy Policy Protects Stripe from Consumer Privacy Claims–Silver v. Stripe

Differential Privacy: The Big Tech Solution to Big Data Privacy

Do Mandatory Age Verification Laws Conflict with Biometric Privacy Laws?–Kuklinski v. Binance

Privacy Lawsuit Based on Website Tracking by Service Provider Trimmed

Augmented Reality Filters May Violate Privacy Law–Hartman v. Meta

Announcing the 2020-2021 Winners of the Gowling WLG Best Blog in IP Law and Technology Prize

Quick Links From the Past Year, Part 1 (CCPA and Privacy)

Minnesota’s Attempt to Copy California’s Constitutionally Defective Age Appropriate Design Code is an Utter Fail (Guest Blog Post)

‘365 for Business’ Users’ Privacy Lawsuit Dismissed–Russo v. Microsoft

Privacy Plight: Apple’s Proposed Changes & Consumer Pushback

Announcing the 2021-2022 Winners of the Gowling WLG Best Blog in IP Law and Technology Prize

The Office Of The Information And Privacy Commissioner Of Ontario Responds To The Province’s Proposal For Private Sector Privacy Law Reform

Hey—You’re Muted! Privacy in the Zoom-Era

How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)

UK Court Finds Use Of Ring Surveillance Equipment Infringes Privacy Rights Associated With The General Data Protection Regulation

2H 2022 Quick Links, Part 1 (Marketing, Privacy)

Supreme Court of Canada Affirms Privacy Rights for IP Addresses

CCPA Definitions Confuse the Judge in a Data Breach Case–In re Blackbaud

Patents and Trade Secrets in AI and Life Sciences

X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Taking Publicity and Privacy to the Grave: Delhi High Court on Descendability of Publicity Rights

Ontario Government To Eliminate Fax Machines Within The Next Five Years To Promote Patient Privacy And Access To Health Care

Messaging Apps Raise Tricky E-Discovery Issues (Guest Blog Post)

A Short Explainer of How California’s Age-Appropriate Design Code Bill (AB2273) Would Break the Internet

Around the IP Blogs

California Appellate Court Rejects Poorly Executed “Sign-In Wrap”–Sellers v. JustAnswer (Guest Blog Post)

Around the IP Blogs

Fools’ Blog Responds to "I Read Dead Peoples’ Email"

Encrypted Client Hello (ECH) Effectively Defeats Pirate Site Blocking

Latest FTC Health Privacy Case Sheds Light on Agency Health Privacy Approaches

“Private” Facebook Groups Aren’t Legally “Private”–Davis v. HDR

Why I Think California’s Age-Appropriate Design Code (AADC) Is Unconstitutional

Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)

Op-Ed: The Plan to Blow Up the Internet, Ostensibly to Protect Kids Online (Regarding AB 2273)

More Evidence of the CFAA Post-Van Buren/hiQ Jurisprudential Anarchy (Guest Blog Post)

Court Orders Unmasking Subpoena of Alleged Infringers–Baugher v. GoDaddy

A Short Explainer of Why California’s Social Media Addiction Bill (AB 2408) Is Terrible

Facebook Isn’t Subject to the ADA–Lloyd v. Facebook

The Law Bytes Podcast, Episode 124: David Fraser on Negotiating a CLOUD Act Agreement Between Canada and the United States

Chegg Is Likely to Prevail on Its Anti-Scraping CFAA Claim…But Doesn’t Get an Injunction–Chegg v. Doe (Guest Blog Post)

Two More Cases Compel Arbitration for Dubious Online Contracts (Guest Blog Post)

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