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New Primer on the California Privacy Rights Act (CPRA)

Technology & Marketing Law Blog

In summer 2018, I wrote a short primer on the California Consumer Privacy Act (CCPA) soon after its passage. The passage of the California Privacy Rights Act (CPRA) in November 2020 necessitated a complete revamp. That primer proved to be quite popular, and I posted annual updated versions in summer 2019 and 2020.

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Instacart’s Privacy Policy Protects Stripe from Consumer Privacy Claims–Silver v. Stripe

Technology & Marketing Law Blog

Instacart purports to bind consumers to its privacy policy via this screen: (Sorry for the poor image resolution. The court says Instacart creates an enforceable sign-in-wrap (ugh): The Court finds Instacart’s privacy policy conspicuous and obvious for several reasons. Airbnb , the green font for the privacy policy link is NBD.

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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.

Blogging 101
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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.

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Announcing the Sixth Edition of Advertising & Marketing Law: Cases & Materials by Tushnet & Goldman

Technology & Marketing Law Blog

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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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.

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Privacy Lawsuit Based on Website Tracking by Service Provider Trimmed

Technology & Marketing Law Blog

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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