Category: Internet Law

September 27, 2023

California Age-Appropriate Design Code Act Stymied After Federal District Court Ruling

As state legislatures pursue laws directed at online safety and privacy for children, federal courts are striking down their efforts. The latest example is California’s Age-Appropriate Design Code Act (CA-AADC), which a federal judge in the Northern District of California enjoined from enforcement. While larger questions loom about constitutional authority and what is the best… Read More

September 21, 2023

A Cautionary Tale Courtesy of Fortnite

A fast-growing segment of online gaming is the in-game purchase on (sometimes free) games/apps in exchange for virtual items. The virtual items can be mere cosmetic game enhancements, features that increase a player’s likelihood of success, and many other options. Because these virtual items are purchased with real world funds, companies must be vigilant in… Read More

September 14, 2023

District Court Rules that Robots Can’t Hold a Copyright

If asked to name the greatest artists of all time, you may think of well-known figures such as Vincent Van Gogh, Pablo Picasso, and Michelangelo. What do these artists have in common – apart from their creative talent? They’re human. While that answer may seem painfully obvious, the humanity of authorship may not always be… Read More

June 23, 2023

INFORM Consumers Act – Is Your Company Ready for June 27 Compliance?

On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM Consumers Act”, or “Act”) becomes effective, imposing new obligations on online marketplaces like Amazon, eBay, and Etsy.  Specifically, the INFORM Consumers Act requires online marketplaces to verify and disclose high-volume third-party sellers’ identities. Congress enacted the law… Read More

October 4, 2022

New California Law Establishes Broad Protections for Children’s Online Privacy – Exceeding Federal Requirements

California made history in September as the first state to enact legislation that punishes technology companies for violations of minors’ privacy and for practices that jeopardize minors’ safety in an effort to prioritize “the privacy, safety, and well-being of children over commercial interests.”  On September 15th, Governor Newsom signed The California Age-Appropriate Design Code Act… Read More

June 21, 2018

Supreme Court Rules Online Businesses Now Subject to Sales Tax

In a ruling announced today, the Supreme Court held that online businesses can be subjected to sales tax even in states where they do not have any brick-and-mortar operations. The case, South Dakota v. Wayfair, Inc., overturns longstanding precedent requiring “physical presence” to subject a seller to state sales tax, representing a big change for… Read More

June 4, 2018

Effective Sports Betting Regulation Must Cover Mobile and Online Betting, Too.

On May 14, 2018, the Supreme Court struck down the Professional and Amateur Sports Protection Act (“PASPA”), clearing the way for states to legalize sports gambling. In its wake, many states are now rushing to do just that. Currently fourteen states have legislation pending that would authorize some degree of sports wagering. An additional five… Read More