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. As you can imagine, this is not your typical dry description of a law. 24. * Californians: VOTE NO ON PROP.

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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.

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IP and Legal Filings

FEBRUARY 15, 2024

With the growth of abovementioned platforms, driven by digitalization, concerns for data privacy and security and, potential misuse of the data has steeped in the minds of people who share personal information to access such platforms. Image Sources: Shutterstock] This situation gave rise to a conundrum surrounding the issue of data privacy.

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43(B)log

JULY 23, 2024

Eric Goldman and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. If You Are Teaching (Or Want to Teach) Advertising Law For reasons why you should consider teaching an advertising law course, see this post. Price: $12 * Kindle. Email me or Eric!

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IPilogue

SEPTEMBER 7, 2021

Natalie Bravo is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . 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. Photo by Jimmy Jin ( Unsplash ).

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Technology & Marketing Law Blog

JULY 12, 2021

Users of “Microsoft 365 For Business” allege oversharing by Microsoft, which translates into claims under (1) the Wiretap Act and the Stored Communications Act; (2) Washington’s Consumer Protection Act; (3) the Washington one-party consent phone statute; and (4) common law. The court says that a business has no rights that this tort covers.

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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. The court agrees. Nike, Inc.,

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Olartemoure Blog

MARCH 31, 2022

How has antitrust law been built up? Colombian law prevents trade restraints (Unfair Competition and Antitrust practices). There have been regulations that referred to antitrust laws since 1959, but it was not until 1990´s that a legal shift in Latin America occurred because of the Washington Consensus. What is it about?

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Technology & Marketing Law Blog

JUNE 7, 2022

A business that withholds inferences on the ground that they are protected trade secrets bears the ultimate burden of demonstrating that such inferences are indeed trade secrets under the applicable law.” ” * Bloomberg : Global Privacy Control Popularity Grows as Legal Status Up in Air. 2022 WL 822925 (D. March 18, 2022).

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IPilogue

AUGUST 27, 2021

Junghi Woo is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. . 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. Subtle or not, virtual platforms have always prompted privacy concerns.

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TorrentFreak

NOVEMBER 5, 2024

The Plaintiffs cite Moy’s claim of having “over 500 sellers” in the market, but the number of subscribers isn’t a rough estimate. “Moy held himself out as a Chicago-area law enforcement officer when selling the Service,” the lawsuit adds, referencing the images below.

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LexBlog IP

JULY 13, 2021

The world of competitive video gaming implicates a complicated patchwork of privacy laws, and esports companies need to keep in mind some key issues when assessing privacy and cybersecurity obligations. There are many different laws that impact the ability to collect information. Collecting information. Using information.

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LexBlog IP

DECEMBER 28, 2021

data privacy : what businesses NEED TO know. Keeping pace with the state of data privacy and data privacy regulations is becoming a pressing responsibility for businesses in the digital age. Data privacy legislation is on the rise, with jurisdictions adopting stricter protective measures on a national and global front.

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LexBlog IP

DECEMBER 22, 2022

state data privacy laws to contend with; a continued regulatory focus in Europe, including a new suite of proposed legislation relating to the digital data ecosystem; and the deprecation of third-party cookies. Clean Rooms and Privacy Compliance. So are these solutions really the answer to all our privacy compliance concerns?

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LexBlog IP

OCTOBER 18, 2021

In the October edition of our Privacy and Security Roundup , we dive into the latest details surrounding OFAC’s efforts to stifle ransomware attacks, how organizations should carefully assess the new Personal Information Protection Law in China, the new EU Standard Contractual Clauses requirement effective Sept. 27, and more.

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Olartemoure Blog

OCTOBER 3, 2023

On the other hand, about the other legal bases for processing, the CJEU pointed out that, as these are situations that allow processing without consent, they must be interpreted restrictively and that it will be the controller who will have the burden of proving the lawfulness of the processing under one of these legal bases.

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LexBlog IP

JUNE 6, 2023

Eastern , Seyfarth attorneys Kristine Argentine , John Tomaszewski , and Paul Yovanic will present at the Association of National Advertisers webinar, “Emerging Issues Surrounding Privacy Class Actions and Compliance in 2023.”

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LexBlog IP

JANUARY 6, 2022

2021 was a rough year for many businesses, but there was at least one winner: in a recent blog post , privacy-focused search engine DuckDuckGo reported a record growth of over 46 percent and now claims to serve more than 27 million Americans. Blair is not yet admitted to practice law. This post was authored by C.

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LexBlog IP

JULY 15, 2021

While smart toys can certainly be useful educational tools for children, they also present some potential privacy risks and could invade what is traditionally a private space. There’s a lot of toys on the market [using AI] and there’s a need to ensure that they’re all complying with COPPA.”

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LexBlog IP

JULY 13, 2021

Evidently, controlling and exploiting personal music data is valuable; however, trends in global privacy law relating to personal data protection and personal privacy rights threaten to reduce widespread accessibility to this resource. The GDPR and the CCPA’s stance on privacy law impacts every aspect of this process.

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LexBlog IP

AUGUST 25, 2022

alleging that it has been invading consumers’ privacy by using tracking technologies to build “digital dossiers” on individual internet users for marketing purposes. A new class action lawsuit was filed in federal court in California against Oracle America, Inc., Oracle America, Inc. ).

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Technology & Marketing Law Blog

NOVEMBER 9, 2024

The plaintiffs claim that IXL “collected and monetized the data of millions of school-age children who used the IXL platform without parental consent,” in violation of the ECPA and state law. However, vendors who sue their customers tend not to last very long in the market. IXL sought to send the case to arbitration.

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Technology & Marketing Law Blog

AUGUST 18, 2024

However, when it comes to development of law and policy around the creator economy, it’s critical that all stakeholders are brought to the table for discussions. It was interesting to attend the White House event as a lawyer that understands many of the nuances of Internet law.

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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.

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Plagiarism Today

JANUARY 27, 2022

As a way to help identify the people behind domains and websites, it was widely used by everything from spammers to journalists and law enforcement agencies. Even back then, privacy issues were a hot topic with many concerned that such a public database of personal information would lead to spam, harassment and other issues.

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Technology & Marketing Law Blog

FEBRUARY 28, 2023

If this law isn’t struck down, California voters are going to be livid when they realize how their elected legislators ruined their Internet without actually helping any kids at all. * * * Some other filings in the case: NetChoice’s motion for preliminary injunction. . Plus ça change, plus c’est la même chose.

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Technology & Marketing Law Blog

SEPTEMBER 11, 2024

Second, once minors are segregated: social media companies must “set default privacy settings to prioritize maximum privacy” (giving specific examples of regulated settings), and parental consent is required to make any adjustments to those settings. And as expected, the court indeed enjoined the law on First Amendment grounds.

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Technology & Marketing Law Blog

OCTOBER 22, 2024

The court says the plaintiff had standing: “Salazar’s alleged injury stems from the unauthorized disclosure of his personal viewing information, which is closely related to at least one common-law analog traditionally recognized as providing a basis for a lawsuit in American courts: public disclosure of private facts.”

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SpicyIP

NOVEMBER 20, 2024

He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. This form, as of today, leads to a page that states: “ As of October 25, 2023, we’ve migrated this form to our privacy request portal. Image from here. This post is authored by Akshat Agrawal. His previous posts can be found here.

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Technology & Marketing Law Blog

OCTOBER 16, 2023

We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). Regulated expressive conduct The AADC frames itself a “privacy” law, but that’s always been a gross lie. Means-Fit The law falls apart on the means-fit analysis.

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Technology & Marketing Law Blog

JULY 9, 2024

” 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. Facebook, Inc.

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Technology & Marketing Law Blog

APRIL 28, 2023

Despite the California Legislature’s blunder last year with AB 2273 (the Age Appropriate Design Code), many states, including Minnesota, are stubbornly pushing for nearly identical laws. Default Privacy Settings. In other words, AADC laws structurally conflict with the constitution, and this bill is no exception.

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Kluwer Copyright Blog

OCTOBER 2, 2023

Photo by Markus Spiske on Unsplash Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. The court held that geoblocking of Steam activation keys infringed EU competition law.

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Technology & Marketing Law Blog

JANUARY 22, 2023

This post focuses only on the New York publicity rights claims (NY Civil Rights Law 50 & 51) against Amazon Walmart, and Ulta. 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.

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Technology & Marketing Law Blog

SEPTEMBER 16, 2022

When a proposed new law is sold as “protecting kids online,” regulators and commenters often accept the sponsors’ claims uncritically (because…kids). A foundational principle among regulators is that parents know their children best, so most children protection laws center around parental decision-making (e.g.

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The IPKat

NOVEMBER 9, 2021

A few days ago, Fashion Law London held another (online) event – this time focussed on the role of online retail marketplaces. Goods placed on the market in the EU are deemed to have exhausted trade mark rights for the purposes of the UK, but not the other way round. Its reach is wider than that; and that’s not a bad thing.

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IP Tech Blog

FEBRUARY 22, 2022

However, The Competition and Markets Authority ( CMA ), the UK regulator responsible for the enforcement of consumer protection legislation, has taken an interest in this area because these clauses and surrounding practices can be problematic from a consumer law perspective if they are not drafted well or conducted properly.

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