Socially Aware

August 06, 2019 - Data Security, Privacy, COPPA
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
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July 10, 2019 - Data Security, Privacy
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
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June 10, 2019 - Data Security
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,
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May 20, 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
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March 14, 2019 - European Union, Data Security, Privacy
The Cookie Wall Must Go Up. Or Not?
By: Alex van der Wolk, Mercedes Samavi and Philip Radlanski
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
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March 08, 2019 - FTC, Data Security, Privacy, COPPA
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
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January 30, 2019 - Data Security, Privacy
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,
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January 29, 2019 - Data Security, Privacy
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
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July 19, 2018 - Data Security, Privacy
Location Information Is Protected by the 4th Amendment, SCOTUS Rules
By: Robert S. Litt
As close observers of the implications of privacy law on companies’ data collection, usage and disclosure practices , we at Socially Aware were among the many tech-law enthusiasts anticipating the U.S. Supreme Court’s recent decision in Carpenter v. United States , in which the
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February 07, 2018 - Class Actions, Data Security, Privacy, Litigation
Amended California Law Expands Requirements for Consumer Subscriptions
By: Anthony M. Ramirez and Julie O'Neill
Companies that offer services, whether online or offline, to consumers on a subscription or other automatic renewal basis should be aware that such offers are heavily regulated at both the federal and state levels. A recent amendment to Section 17602 of California’s Business and
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