Technology & Marketing Law Blog

AUGUST 11, 2022

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. Chapter 15: Privacy. We reworked the privacy chapter, mostly to pare it down because the topic has mushroomed to the point where it’s not possible to summarize all of the details.

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Technology & Marketing Law Blog

APRIL 28, 2023

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.

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Technology & Marketing Law Blog

FEBRUARY 15, 2024

Marketa Trimble [Eric’s introductory note: I briefly addressed the DSA in this blog post , along with the attached meme. the California Consumer Privacy Act is a prime example of GDPR spillover. Intermediaries (Guest Blog Post) appeared first on Technology & Marketing Law Blog. by guest blogger Prof.

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Technology & Marketing Law Blog

JUNE 17, 2023

Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims. Plaintiffs’ claims for breach of the GitHub Privacy Policy and Terms of Service, violation of the CCPA, and negligence are dismissed with leave to amend. But not so, says the court.

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Blogging Licensing Privacy Copyright Notice 128

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. Nike, Inc., Specific Media. Interclick.

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Technology & Marketing Law Blog

JULY 12, 2021

Instead, the allegations recount Microsoft’s numerous (robust) privacy-related representations made to customers. Microsoft also harvests business customer data to develop and sell to others a marketing product called Microsoft Audience Network, which Microsoft admits derives enormous value from processing customer data.

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IPilogue

SEPTEMBER 7, 2021

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. One of their core values and popular marketing point s is that “privacy is a fundamental human right.”

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Technology & Marketing Law Blog

JUNE 7, 2022

July 7, 2020): “The privacy policy includes a section titled “Rights of California Residents,” which addresses requirements of the California Consumer Privacy Act (“CCPA”), Cal. ” * Bloomberg : Global Privacy Control Popularity Grows as Legal Status Up in Air. Voodoo SAS v. SayGames LLC, 2020 WL 379165 (N.D.

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Privacy Social Media Litigation Business 99

The IPKat

AUGUST 19, 2021

Kluwer Trademark Blog reported here on this ruling. Other Class 46 blog shared information on a new initiative by the Chinese government. The companies on the List will be subject to stricter and more frequent inspections by market authorities. Foss Blog pondered privacy concerns when using Apple apps.

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Blogging IP Privacy Reporting 62

IPilogue

AUGUST 27, 2021

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. Not only does this violate our privacy rights, but it also creates a bigger ethical dilemma within the economic market. Zoom: The 2020 Icon of Remote Work.

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Kluwer Copyright Blog

DECEMBER 4, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Top 3 Kluwer Trademark Blog posts 1) Brothers in arms. Here are the most popular posts over the past few months.

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Technology & Marketing Law Blog

MARCH 4, 2022

Other commentators have provided an excellent summary of the Federal Circuit’s opinion, see, e.g. , Rebecca Tushnet , Jennifer Rothman , and John Welch , so this blog post will focus on the implications of the decision rather than provide a detailed summary of it. The Federal Circuit disagreed. See Sections III-V.

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Olartemoure Blog

MARCH 31, 2022

It is a challenge for the institutional framework, enforcement agencies, and courts to effectively develop their missions, because, even with the current resources, some markets remain unexplored or wrongly understood. What is the approach of antitrust laws in these markets? In Colombia. You can take control of the litigation.

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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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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. This post was authored by C. Blair Robinson, legal intern at Robinson+Cole.

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Technology & Marketing Law Blog

MARCH 15, 2023

This is not the first time my blog has been subject to right-to-be-forgotten (RTBF) takedowns. But every time the RTBF is applied to my blog, it’s probably a wrongful application of a misguided policy and worth relaying here. It is critical information, even if the blog is just a bit player in the matter.

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Technology & Marketing Law Blog

AUGUST 24, 2022

Furthermore, by disregarding the compliance costs, the CPPA has denigrated/trivialized the important, complicated, and smart work of thousands of privacy professionals. Eshoo), are opposing any federal privacy law that would preempt the CPRA. Eshoo), are opposing any federal privacy law that would preempt the CPRA.

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Privacy Blogging Business Government 120

IPilogue

JUNE 3, 2022

This presents a concern with the growing posthumous market and the commercialization of personality rights and potentially, of individuals’ digital assets used to “revive” the dead. . UneeQ, a New Zealand-based software company, markets “digital humans” for enhanced online customer service. . Such technology is not novel.

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Technology & Marketing Law Blog

JANUARY 23, 2024

The pre-populated message indicated that Plaintiff was opting into Mizzen and Main’s program and agreed to receive marketing alerts. Plaintiff also fails to mention that the “Terms” and “Privacy” links are underlined, indicating that they are hyperlinks. But the fact that some do is appalling.

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LexBlog IP

MAY 2, 2023

But blogs can get out the door far more quickly. And the Federal Trade Commission (FTC) has been blogging fast and furiously – one could say obsessively – about the hot topic of generative artificial intelligence (AI). The change has been dramatic and quick , and it has not escaped the notice of regulators.

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Blogging Privacy Marketing Marketing 52

Technology & Marketing Law Blog

NOVEMBER 27, 2023

This law protects the rights of publicity and privacy of people like politicians and celebrities who don’t want others to register their name or image as a trademark for goods or services. See the amicus brief discussing free speech limits on the rights of publicity and privacy filed by the Motion Picture Association in Elster.)

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Technology & Marketing Law Blog

JUNE 27, 2022

To do the authentication, businesses will be forced to collect personal information they don’t want to collect and consumers don’t want to give, and that data collection creates extra privacy and security risks for everyone. Third, this bill reaches topics well beyond children’s privacy.

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Privacy Designs Design Business 138

Technology & Marketing Law Blog

AUGUST 8, 2022

It’s “burn-down-the-Internet” week on the blog, during which I will recap three bad California bills that the California legislature is poised to enact. For background on the bill and its voluminous problem, see this lengthy blog post. Today’s bill is AB 2273, the most pernicious of the three.

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Designs Design Privacy Blogging 94

Technology & Marketing Law Blog

SEPTEMBER 13, 2022

And, of course, no post about the California Privacy Rights Act (CPRA) (which the AADC purports to amend) would be complete without this GIF: * * *. The post Some Memes About California’s Age-Appropriate Design Code (AB 2273) appeared first on Technology & Marketing Law Blog.

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Designs Design Privacy Blogging 103

Technology & Marketing Law Blog

JULY 26, 2023

When doing so, defendant had to agree to the Terms and Privacy Policy. Those terms and privacy policies were hyperlinked. Doe (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Defendant created an account to access Chegg’s data. The terms prohibited scraping.

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LexBlog IP

OCTOBER 20, 2022

Although a bit dated, a 2019 blog in Comaritech gives a good background on what geofencing is and what privacy concerns it presents. The blog, What is geofencing, how does it work, what are the privacy concerns? All of those apps have your permission to track your every move and sell that information to other companies.

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Technology & Marketing Law Blog

JANUARY 25, 2024

Bright Data claims that it was using its Facebook and Instagram accounts for marketing purposes and was never logged in to its accounts when scraping. He’s going out of his way to enable them–despite the broad-scale movement elsewhere to crack down on data brokers and enhance consumer privacy. The post Game On!

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Blogging Contracts Cease and Desist Confidentiality 72

Technology & Marketing Law Blog

JULY 11, 2021

” Prior blog post. May 21, 2021): navigating Google’s user-facing privacy representations is a singularly fragmented affair. The post 1H 2021 Quick Links, Part 3 (Content Moderation, Censorship, Privacy, & More) appeared first on Technology & Marketing Law Blog. Brinkman, 2021 Iowa Sup.

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Privacy Social Media Government Confidentiality 69

Technology & Marketing Law Blog

FEBRUARY 28, 2023

. “For decades, businesses have devoted significant time and effort to developing compliance programs for the federal Children’s Online Privacy Protection Act (“COPPA”), a nationwide preemptive children’s privacy standard.

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Designs Design Privacy Blogging 114

Technology & Marketing Law Blog

JULY 18, 2023

Second, zooming out further, the case revolves around a topic covered on this blog routinely: data scraping. Google (Guest Blog Post) appeared first on Technology & Marketing Law Blog. A matter that is likely to receive even more attention going forward with the increased importance of generative AI.

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Blogging Contracts Copyright Law Copyright 92

Technology & Marketing Law Blog

MAY 16, 2022

Indeed, ephemeral messaging offers many benefits for enterprises, particularly in the areas of information governance and compliance with data protection and privacy statutes. The post Messaging Apps Raise Tricky E-Discovery Issues (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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Technology & Marketing Law Blog

FEBRUARY 13, 2022

See, e.g., In re Ring LLC Privacy Litigation (C.D.Cal., JustAnswer (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The post California Appellate Court Rejects Poorly Executed “Sign-In Wrap”–Sellers v.

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Blogging Contracts Law Privacy 101

IP Tech Blog

MARCH 20, 2023

“FTC leadership,” the NAD Report elaborates, “sent a consistent, strong message that national advertisers should take a hard look at their own advertising” to create marketing from a consumer protection and truth-in-advertising standpoint. What Privacy-Related Claims Does Your Company Make? Nothing less will do.

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Advertising Advertising Reporting Privacy 62

Technology & Marketing Law Blog

AUGUST 2, 2021

You might also check out (1) my Internet Law course page , which includes 24 years of syllabi and old exams with sample answers, (2) my article on “ Teaching Cyberlaw ,” (3) my blog post on teaching Internet Law as an online-only course , and (4) my Canvas modules for the 2020 online-only course. Blogs and Social Networking Sites.

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Editing Law Privacy Contracts 145

Technology & Marketing Law Blog

FEBRUARY 17, 2024

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. Those options lower access barriers for users to create accounts, so they are often compelling to the marketing team. CMG appeared first on Technology & Marketing Law Blog.

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Privacy Litigation Marketing Marketing 89

Technology & Marketing Law Blog

DECEMBER 13, 2023

Google changed its privacy policy to collect all “public” data (viz., Guest Blog Post) appeared first on Technology & Marketing Law Blog. Almost every website on the Internet has an online contract, and most do not require any formal assent mechanism to access them. Just in the last year, OpenAI released ChatGPT.

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Blogging Copyright Contracts Cease and Desist 80

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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