Much-Anticipated Supreme Court Ruling Limits the Telephone Consumer Protection Act’s Definition of an Autodialer
- - PrivacyThe Supreme Court has issued its much-anticipated ruling in Facebook v. Duguid , impacting many pending Telephone Consumer Protection Act (TCPA) cases nationwide and providing guidance to the many businesses that engage in calling and texting campaigns. The TCPA generally requires an individual’s prior... ›
- - Privacy
Who Do You Know? Contacts Access and Data Privacy Issues in Burgeoning Social Media Apps.
By: Julie O'Neill
We’ve all been there: How many times have we downloaded a new social media app, only to have one of the sign-up steps ask for access to our contacts or address book? While on the surface the request seems innocent enough – the whole... › FTC questions protections afforded tech platforms; LinkedIn was platform of choice for sellers of COVID-19 PPE; Appeals court passes on “retweet” propriety question
By: Julie O'Neill
Expressing concern about the spread of disinformation related to COVID-19, Federal Trade Commissioner Rohit Chopra said Congress may need “to reassess the special privileges afforded to tech platforms, especially given their vast power to curate and present content in ways that may manipulate users.”... ›Tell A Friend – But Only With Your Friend’s Consent
By: Alex van der Wolk and Marijn Storm
Alex van der Wolk, Marijn Storm, and Ronan Tigner authored an article for the IAPP covering the Belgian Data Protection Authority’s challenge to the “tell-a-friend” function on social media websites that enables users to share content with their personal contacts. The DPA’s decision to... ›Social Links: Biden’s stance on CDA §230; liability for user-generated content; Twitter’s process for reviewing Trump’s tweets
By: Anthony M. Ramirez
A federal district court in Illinois allowed claims for vicarious and direct copyright infringement to proceed against an employee of the Chicago Cubs Baseball Club for retweeting a third-party tweet containing the plaintiff’s copyrighted material. Read the opinion. Thinking of backing Biden in November? Would... ›Fake News & Paid Reviews: FTC Seeks Comments on its Endorsement Guides
By: Julie O'Neill
The Federal Trade Commission (FTC) appears to be using its ongoing review of current rules and guides to revisit its approach to driving home the message that the relationship between a social media “influencer” and the brand he or she is endorsing must be... ›Clearview AI and the Legal Challenges Facing Facial Recognition Databases
By: J. Alexander Lawrence
Every day, social media users upload millions of images to their accounts; each day 350 million photos are uploaded to Facebook alone. Many social media websites make users’ information and images available to anyone with a web browser. The wealth of public information available... ›We’re Sorry, Your Service (Provider) Is Limited: The IAB CCPA Compliance Framework
By: Julie O'Neill
In a move likely welcomed by publishers seeking a solution to honoring “sale” opt-outs in the interest-based advertising space, the Interactive Advertising Bureau last week released the IAB California Consumer Privacy Act Compliance Framework for Publishers and Technology Companies. The IAB is the trade... ›Cookies: A Coming-of-Age Story
By: Mercedes Samavi and Alja Poler De Zwart
One of the most recent chapters in the ongoing EU cookies saga has come in the form of a recent ruling by the Court of Justice of the European Union (CJEU) in the Planet49 case. The CJEU ruled that: (i) implied consent is not... ›Forget Me…or Not: Europe’s High Court Limits Territorial Reach of Right to Be Forgotten, But Not of GDPR
By: Alex van der Wolk
In a landmark ruling, the European Court of Justice—Europe’s highest court—dealt Google a clear win by placing a territorial limit on the “right to be forgotten” in the EU. The court’s holding in Google v. Commission nationale de l’informatique et des libertés (CNIL) clarifies... ›