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California Actively Enforcing its Delete Act against Data Brokers
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March 10, 2025
California Actively Enforcing its Delete Act against Data Brokers
By: Nicole Kardell
If you are a data broker and you are not registered in California, you may face sanctions, including fines and possible shut down of operations. The California Privacy Protection Agency is actively enforcing the state’s Delete Act, legislation that was enacted in 2023. The Delete Act requires entities that qualify as data brokers under the law to register annually with the CPPA and pay the associated fee. In October 2024, the CPPA announced that it would start a sweep to investigate and penalize data brokers that failed to comply. Making good on its promise, the agency recently released a statement that it settled with a data broker, Background Alert, Inc., for failing to register. The settlement requires the company to…
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FTC Cracking Down On Online Censorship
February 27, 2025
FTC Cracking Down On Online Censorship
By: Steven Eichorn
The Federal Trade Commission (FTC) has recently launched a public outreach effort to obtain information from the public regarding how they are treated by technology platforms. As explained by the FTC, they are seeking to “understand how technology platforms deny or degrade users’ access to services based on the content of their speech or affiliation, and how this conduct may have violated the law.” This…
Pause Play? CFPB Gaming-Related Rules on Hold
February 12, 2025
Pause Play? CFPB Gaming-Related Rules on Hold
By: Michelle Cohen
Newly installed Consumer Financial Protection Bureau (“CFPB”) Director Russell Vought directed agency staff to stop work on agency matters and stay home. The future of many of the CFPB-led initiatives looks bleak, including a recent interpretive rule proposal that would treat video game publishers like payment processors. Background Congress created the CFPB, an independent federal agency, in 2011 in response to the financial crisis of…
Major Developments on the Horizon for Bankruptcy Law
November 16, 2023
Major Developments on the Horizon for Bankruptcy Law
By: George Calhoun
The Supreme Court rarely hears bankruptcy cases – typically one per term. But 2023 has been different, the Court already has ruled on four bankruptcy matters, including sovereign immunity issues with respect to Puerto Rico and Indian tribes, appellate review of § 363 sale orders, the discharge of debts obtained by another’s fraud. In addition to those cases, the Court is currently poised to decide…
Plunging into the unknown: companies should look to sound privacy practices as they integrate AI
October 24, 2023
Plunging into the unknown: companies should look to sound privacy practices as they integrate AI
By: Nicole Kardell
How would you like to dive off a cliff with no idea how far you will drop, how deep the water is, and zero training on how to properly position your body to minimize impact once you hit the water? That’s how we approach artificial intelligence these days. Or perhaps more aptly put: How would you like to follow a bunch of lemmings off of…
California Age-Appropriate Design Code Act Stymied After Federal District Court Ruling
September 27, 2023
California Age-Appropriate Design Code Act Stymied After Federal District Court Ruling
By: Jake Gray
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 way to protect children online, we can glean from the…
District Court Rules that Robots Can’t Hold a Copyright
September 14, 2023
District Court Rules that Robots Can’t Hold a Copyright
By: Abbey Block
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 a foregone conclusion – particularly in a world where artificial…
Got Endorsers? Federal Trade Commission Issues Updated Advertising Guides
July 10, 2023
Got Endorsers? Federal Trade Commission Issues Updated Advertising Guides
By: Michelle Cohen
The Federal Trade Commission (“FTC”) recently issued updated “Endorsement Guides.” Guides, last revised in 2009, give businesses guidance on what endorsement practices may be considered “unfair” or “deceptive” under the FTC Act. They also provide the general principles the FTC will use in evaluating endorsements and testimonials. As social media has evolved, the FTC has repeatedly stated that the FTC Act and the agency’s rules…
