Ninth Circuit’s LinkedIn Decision Does Not Greenlight the Unauthorized Web Scraping of Public Websites
- A recent decision from the Ninth Circuit Court of Appeals in a dispute between LinkedIn and hiQ Labs has spotlighted the thorny legal issues involved in unauthorized web scraping of data from public websites. While some may interpret the LinkedIn decision as greenlighting such... ›
The Company Who Cried “General Audience”: Google and YouTube to Pay $170 Million for Alleged COPPA Violations
By: Julie O'Neill
Last week, the Federal Trade Commission made clear that child-directed parts of an otherwise general audience service will subject the operator of the service to the Children’s Online Privacy Protection Act (COPPA). Just six months after the FTC’s record-setting settlement against TikTok, the FTC announced... ›Back to School Early: FTC Seeks Comments to COPPA Rule Ahead of Schedule
By: Julie O'Neill
Advancements in technology appear to have spurred the Federal Trade Commission to initiate a review of its rule promulgated pursuant to the Children’s Online Privacy Protection Act (the “COPPA Rule” or “Rule”) four years ahead of schedule. Last week, the FTC published a Federal... ›The CNIL Strikes Again – Mind Your Security
By: Alex van der Wolk
The French data protection authority, the CNIL, continues to fine organizations for failing to adopt what the CNIL considers to be fundamental data security measures. In May 2019, the CNIL imposed a EUR 400,000 fine on a French real estate company for failing to... ›Nevada Enacts CCPA-Style Opt-Out Right for Consumers—but Similarities Are Few
By: Julie O'Neill
Nevada just joined California as the second state to enact an opt-out right for consumers from the “sale” of their personal information. Senate Bill 220 , which was signed into law on May 29, 2019, is scheduled to take effect on October 1, 2019,... ›- - Advertising, Trademark, Artificial Intelligence, Data Security, Hacking, Defamation, Fair Use, Litigation, Right of Publicity
Trademarks as hashtags; influencer sues company allegedly depicting him in an ad; new uses for AI technology
By: Aaron P. Rubin
A federal district court in California has added to the small body of case law addressing whether it’s permissible for one party to use another party’s trademark as a hashtag. The court held that, for several reasons, the 9th Circuit’s nominative fair use analysis... › The Cookie Wall Must Go Up. Or Not?
By: Alex van der Wolk and Mercedes Samavi
One of the next big items in Europe will be the expansion of “ePrivacy,” (which, among other things, regulates the use of cookies on websites). While the ePrivacy reform is still being worked on by EU lawmakers, one of the items the ePrivacy Regulation... ›Thank You, Next Enforcement: Music Video App Violates COPPA, Will Pay $5.7 Million
By: Julie O'Neill
The cost for violating the Children’s Online Privacy Protection Act (COPPA) has been steadily rising, and companies subject to the law should take heed. Last week, the Federal Trade Commission (FTC) announced a record-setting $5.7 million settlement with the mobile app company Musical.ly for... ›California AG Hosts Two More Public Forums on CCPA in Riverside and Los Angeles
By: Purvi G. Patel and Nathan D. Taylor
The California Attorney General continued its series of public forums regarding the California Consumer Privacy Act (CCPA), with forums last week in Riverside (January 24, 2019) and Los Angeles (January 25, 2019). As in the previous forums, there were a significant number of attendees,... ›California Attorney General Holds First California Consumer Privacy Act Public Forum
By: Purvi G. Patel and Nathan D. Taylor
In anticipation of preparing rules to implement the California Consumer Privacy Act, the California Attorney General recently announced six public forums that he will host in January and February 2019 across California. On January 8, 2019, the AG hosted the first of these forums... ›