Blogging, Marketing and Privacy - Intellectual Property Pulse

New Primer on the California Privacy Rights Act (CPRA)

Technology & Marketing Law Blog

AUGUST 18, 2021

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.

Privacy

Privacy Blogging Law Reporting

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

Technology & Marketing Law Blog

JULY 31, 2021

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.

Privacy

Privacy Technology Blogging Marketing

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

Technology & Marketing Law Blog

APRIL 8, 2023

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

Privacy Law Contracts Designs

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

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.

Editing

Editing Advertising Advertising Marketing

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

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.

Copying

Copying Designs Design Blogging

Privacy Plight: Apple’s Proposed Changes & Consumer Pushback

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.”

Privacy

Privacy Technology Reporting Branding

Privacy Lawsuit Based on Website Tracking by Service Provider Trimmed

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.

Privacy

Privacy IP Law Blogging

‘365 for Business’ Users’ Privacy Lawsuit Dismissed–Russo v. Microsoft

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.

Privacy

Privacy Business Due Diligence Marketing

Around the IP Blogs

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.

Blogging

Blogging IP Privacy Reporting

Quick Links From the Past Year, Part 1 (CCPA and Privacy)

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.

Privacy

Privacy Social Media Litigation Business

Hey—You’re Muted! Privacy in the Zoom-Era

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.

Privacy

Privacy Social Media Confidentiality Business

DuckDuckGo Profits on Privacy

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.

Privacy

Privacy Advertising Advertising Blogging

CCPA Definitions Confuse the Judge in a Data Breach Case–In re Blackbaud

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.

Privacy

Privacy Blogging Business Marketing

Commercializing the Personalities of the Dead: The Dangers of the Posthumous Market

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.

Marketing

Marketing Marketing Personality Rights Intellectual Property Law

Venkat’s Blog Post Unjustly Removed from Google Search Results Due to EU RTBF Takedown

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.

Blogging

Blogging Editing Law Government

Deciphering the Recent FTC Trilogy of Blog Posts on Artificial Intelligence

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.

Blogging

Blogging Privacy Marketing Marketing

A Short Explainer of How California’s Age-Appropriate Design Code Bill (AB2273) Would Break the Internet

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.

Designs

Designs Design Privacy Blogging

Privacy Tip #347 – Do You Know What Geofencing Is and How You Are Tracked?

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.

Privacy

Privacy Blogging Advertising Advertising

Chegg Is Likely to Prevail on Its Anti-Scraping CFAA Claim…But Doesn’t Get an Injunction–Chegg v. Doe (Guest Blog Post)

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.

Cease and Desist

Cease and Desist Blogging Contracts Privacy

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

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.

Designs

Designs Design Privacy Blogging

Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

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.

Blogging

Blogging Contracts Copyright Law Copyright

Messaging Apps Raise Tricky E-Discovery Issues (Guest Blog Post)

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.

Blogging

Blogging Litigation Intellectual Property Privacy

California Appellate Court Rejects Poorly Executed “Sign-In Wrap”–Sellers v. JustAnswer (Guest Blog Post)

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.

Blogging

Blogging Contracts Law Privacy

Progress or Impediment? Global Privacy Law’s Impact on the Data-Driven Music Industry

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.

Music

Music Privacy Social Media Law

National Advertising Division’s 2022 Annual Report: An Advertising Compliance Roadmap for the Year Ahead

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.

Advertising

Advertising Advertising Reporting Privacy

Another Court Finds an “Enforceable Browsewrap.” MAKE IT STOP–Hawkins v. CMG

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.

Privacy

Privacy Litigation Marketing Marketing

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

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.

Blogging

Blogging Copyright Contracts Cease and Desist

Announcing the 2021 Edition of My Internet Law Casebook

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.

Editing

Editing Law Privacy Contracts

Facebook’s Website Isn’t Governed by the ADA–Lloyd v. Facebook

Technology & Marketing Law Blog

OCTOBER 16, 2022

This is a standard kitchen-sink pro se lawsuit against Facebook, but it touches a couple of key blog themes that makes it worth covering. Twitter , the court says: Facebook’s Community Standards state that they are committed to making Facebook a safe and authentic place and protecting privacy. Americans With Disabilities Act.

Government

Government Privacy Blogging Publishing

A Short Explainer of Why California’s Social Media Addiction Bill (AB 2408) Is Terrible

Technology & Marketing Law Blog

AUGUST 10, 2022

It’s “burn-down-the-Internet” week on the blog, during which I am recapping three bad California bills that the California legislature is poised to enact. For background on the bill and its voluminous problems, see this lengthy blog post. Monday, I covered AB 2273, the Age-Appropriate Design Code.

Social Media

Social Media Blogging Privacy Government

Court Orders Unmasking Subpoena of Alleged Infringers–Baugher v. GoDaddy

Technology & Marketing Law Blog

OCTOBER 26, 2021

This fast lane is a historical anachronism; it does little to balance the privacy interests of the alleged infringer. Knowing what we know now about the dangers of unmasking subpoenas, I would like to think that Congress would draft 512(h) with more privacy sensitivity today. Market effect. Does (Guest Blog Post).

Privacy

Privacy Fair Use Blogging Copyright

Op-Ed: The Plan to Blow Up the Internet, Ostensibly to Protect Kids Online (Regarding AB 2273)

Technology & Marketing Law Blog

AUGUST 22, 2022

AB 2273 claims to protect kids’ privacy, but instead it counterproductively puts children’s sensitive data at greater privacy and security risks. The post Op-Ed: The Plan to Blow Up the Internet, Ostensibly to Protect Kids Online (Regarding AB 2273) appeared first on Technology & Marketing Law Blog.

Privacy

Privacy Business Blogging Publishing

TVO: Igniting Potential Through the Power of Learning (IP Intensive Reflection)

IPilogue

JANUARY 31, 2022

As part of the course requirements, students were asked to write a reflective blog on their internship experience. Privacy and Access to Information Requests. TVO is currently in the process of updating its privacy policies and procedures. I have a much better understanding of this area of law now as a result.

IP

IP Privacy Intellectual Property Law Television

“Private” Facebook Groups Aren’t Legally “Private”–Davis v. HDR

Technology & Marketing Law Blog

JUNE 10, 2022

The plaintiff sued HDR for ECPA and common law privacy violations. Plaintiff had no authority over the Groups’ privacy settings and no voice in the screening process used to determine membership. While the court’s opinion is appropriately grounded in the precedent, it was tone-deaf to the privacy invasion. Implications.

Privacy

Privacy False Advertising Contracts Advertising

Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)

Technology & Marketing Law Blog

DECEMBER 9, 2022

The post Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2) appeared first on Technology & Marketing Law Blog. Which is why so much of the tech press’s coverage of this issue is bonkers.

Blogging

Blogging Law Contracts Cease and Desist

Five Ways That the California Age-Appropriate Design Code (AADC/AB 2273) Is Radical Policy

Technology & Marketing Law Blog

SEPTEMBER 16, 2022

For example: “If a conflict arises between commercial interests and the best interests of children, companies should prioritize the privacy, safety, and well-being of children over commercial interests.” What are the long-term privacy and security implications of routinized and widespread face scanning?

Designs

Designs Design Privacy Business

Amazon May Be Liable for Merchant’s Spycam–M.S. v. Amazon

Technology & Marketing Law Blog

DECEMBER 3, 2023

Allegedly, Amazon inspected the item three times: Amazon’s Product Safety Team inspected it to confirm it couldn’t be used to violate sexual privacy; Amazon’s Dangerous Products Team inspected its lithium-ion battery; and the Fulfillment-by-Amazon team inspected it as well. suffered emotional and physical harm.

Advertising

Advertising Advertising Marketing Marketing

Domain Name Sniping Covered by Section 230–Scott Rigsby v. GoDaddy

Technology & Marketing Law Blog

FEBRUARY 4, 2023

Section 230 applies to Rigsby’s claims for invasion of privacy, publicity, trade libel, libel, and violations of Arizona’s Consumer Fraud Act. It likely wouldn’t matter to the legal conclusions, but it does make the court’s statements (and my blog coverage of the case) less precise. ” State Law Claims.

Registration

Registration Privacy Blogging Publishing

Failing to Deliver: How Recent New York Legislation Aimed at the Food Delivery Market Misses the Mark

JIPEL Copyright Blog

MARCH 30, 2022

The effect has been to preclude restaurants from effectively competing with the delivery apps, calcifying an already-existing monopsony in which only three companies (Grubhub, DoorDash, and Uber Eats) control a majority of the market share for food delivery in New York City.

Marketing

Marketing Marketing Privacy Business

A Place Where Science Business Meet: My Internship Experience at AstraZeneca Canada

IPilogue

FEBRUARY 2, 2022

As part of the course requirements, students were asked to write a reflective blog on their internship experience. I also had the pleasure of working with Cristina Aguirre, Privacy Officer at AstraZeneca, and learned about the day-to-day operations of a major pharmaceutical company from her perspective.

Business

Business Privacy Intellectual Property Law Advertising

My “Summer” 2022 Activities

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. Blog Posts. Books and Academic Articles.

Editing

Editing Social Media Blogging Advertising

Learning About the Business of Healthcare and Innovation: My Internship Experience at AstraZeneca Canada

IPilogue

JANUARY 9, 2023

I worked within the legal team, under the supervision of Denise Lacombe, Head of Legal and collaborated with Lynne Sweeney, Legal Counsel and Cristina Aguirre, Privacy Officer as well. I was seated with a digital marketing employee, employees in the clinical research and development team, and an employee in the respiratory team.

Business

Business Privacy Contracts Confidentiality

Announcing the 2022 Edition of My Internet Law Casebook

Technology & Marketing Law Blog

JULY 12, 2022

You might also check out (1) my Internet Law course page , which includes a quarter-century 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 my Fall 2021 online-only course. Review: 16 C.F.R.

Editing

Editing Law Social Media Privacy

New Primer on the California Privacy Rights Act (CPRA)

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

Trending Sources

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

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

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

Privacy Plight: Apple’s Proposed Changes & Consumer Pushback

Privacy Lawsuit Based on Website Tracking by Service Provider Trimmed

‘365 for Business’ Users’ Privacy Lawsuit Dismissed–Russo v. Microsoft

Around the IP Blogs

Quick Links From the Past Year, Part 1 (CCPA and Privacy)

Hey—You’re Muted! Privacy in the Zoom-Era

DuckDuckGo Profits on Privacy

CCPA Definitions Confuse the Judge in a Data Breach Case–In re Blackbaud

Commercializing the Personalities of the Dead: The Dangers of the Posthumous Market

Venkat’s Blog Post Unjustly Removed from Google Search Results Due to EU RTBF Takedown

Deciphering the Recent FTC Trilogy of Blog Posts on Artificial Intelligence

A Short Explainer of How California’s Age-Appropriate Design Code Bill (AB2273) Would Break the Internet

Privacy Tip #347 – Do You Know What Geofencing Is and How You Are Tracked?

Chegg Is Likely to Prevail on Its Anti-Scraping CFAA Claim…But Doesn’t Get an Injunction–Chegg v. Doe (Guest Blog Post)

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

Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

Messaging Apps Raise Tricky E-Discovery Issues (Guest Blog Post)

California Appellate Court Rejects Poorly Executed “Sign-In Wrap”–Sellers v. JustAnswer (Guest Blog Post)

Progress or Impediment? Global Privacy Law’s Impact on the Data-Driven Music Industry

National Advertising Division’s 2022 Annual Report: An Advertising Compliance Roadmap for the Year Ahead

Another Court Finds an “Enforceable Browsewrap.” MAKE IT STOP–Hawkins v. CMG

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Announcing the 2021 Edition of My Internet Law Casebook

Facebook’s Website Isn’t Governed by the ADA–Lloyd v. Facebook

A Short Explainer of Why California’s Social Media Addiction Bill (AB 2408) Is Terrible

Court Orders Unmasking Subpoena of Alleged Infringers–Baugher v. GoDaddy

Op-Ed: The Plan to Blow Up the Internet, Ostensibly to Protect Kids Online (Regarding AB 2273)

TVO: Igniting Potential Through the Power of Learning (IP Intensive Reflection)

“Private” Facebook Groups Aren’t Legally “Private”–Davis v. HDR

More Evidence of the CFAA Post-Van Buren/hiQ Jurisprudential Anarchy (Guest Blog Post)

Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)

Five Ways That the California Age-Appropriate Design Code (AADC/AB 2273) Is Radical Policy

Amazon May Be Liable for Merchant’s Spycam–M.S. v. Amazon

Domain Name Sniping Covered by Section 230–Scott Rigsby v. GoDaddy

Failing to Deliver: How Recent New York Legislation Aimed at the Food Delivery Market Misses the Mark

A Place Where Science Business Meet: My Internship Experience at AstraZeneca Canada

My “Summer” 2022 Activities

Learning About the Business of Healthcare and Innovation: My Internship Experience at AstraZeneca Canada

Announcing the 2022 Edition of My Internet Law Casebook

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