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

Technology & Marketing Law Blog

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 127
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Privacy Law Is Devouring Internet Law (and Other Doctrines)…To Everyone’s Detriment

Technology & Marketing Law Blog

What does “privacy” mean? It’s a simple question that lacks a single answer, even from privacy experts. Without a universally shared definition of privacy, scholars have instead attempted to “define” privacy by taxonomizing problems that they think should fit under the privacy umbrella.

Privacy 102
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Some Memes About California’s Age-Appropriate Design Code (AB 2273)

Technology & Marketing Law Blog

My caption: “CAPTCHA vendors are training their age assurance algorithms for CA’s Age Appropriate Design Code (AB 2273)” * * *. And, of course, no post about the California Privacy Rights Act (CPRA) (which the AADC purports to amend) would be complete without this GIF: * * *.

Designs 103
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Why I Think California’s Age-Appropriate Design Code (AADC) Is Unconstitutional

Technology & Marketing Law Blog

I’ve repeatedly expressed my opposition to the California Age-Appropriate Design Code (AADC), and now I’ve put my opposition into more formal terms for a judge. California’s law would upend these efforts by instituting an inconsistent and unworkable children’s privacy regime. You can read my amicus brief here. .

Designs 114
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Do Mandatory Age Verification Laws Conflict with Biometric Privacy Laws?–Kuklinski v. Binance

Technology & Marketing Law Blog

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 126
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X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Technology & Marketing Law Blog

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.

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The European Union’s Digital Services Act: In Force from This Saturday, February 17, 2024, Including for U.S. Intermediaries (Guest Blog Post)

Technology & Marketing Law Blog

Marketa Trimble [Eric’s introductory note: I briefly addressed the DSA in this blog post , along with the attached meme. The designations depend on the number of average monthly active recipients of the intermediary service in the EU; the threshold is set at 45 million, which is currently 10% of the population of the EU.