As of July 1, 2020, the California Attorney General began enforcing the California Consumer Privacy Act (CCPA). While many details about CCPA enforcement remain uncertain, many states have enacted or will enact their own privacy laws. Businesses clearly must wrestle with this mosaic of new and emerging privacy restrictions.  Some industries have explored legal challenges

Today the U.S. Supreme Court found in Barr v. American Association of Political Consultants, Inc. that the federal debt collection exemption to the Telephone Consumer Protection Act’s general prohibition on autodialed calls violates the First Amendment.  The Supreme Court held that the exemption was a content-based restriction on speech because it favors speech made

The question is – do wiretapping statutes apply in cases where there is no traditional third party interceptor?  And more practically speaking, how does an entity using plug-ins and cookies avoid liability under wiretapping statutes while there is so much uncertainty in the law?

We previously blogged about this issue In re: Facebook, Inc. Internet

On May 28, President Donald Trump issued an executive order on preventing online censorship targeting the Communications Decency Act, or CDA, titled “Protection for good Samaritan blocking and screening of offensive material.”[1]

While there remain serious doubts as to the legality of the order, including the extent to which it is a constitutionally impermissible

Starting last month, companies around the United States started to reopen their doors to their employees and customers, but not without first considering what “checks” should be done to ensure a safe environment for all.  Temperature checks, COVID-19 testing, symptom reporting, travel history questionnaires, geolocation tracking and other surveillance measures, and even using AI to

Are targeted ads the result of wiretapping?  Companies track your browsing history all the time through the use of, inter alia, cookies, and then mine the data they receive for purposes like targeted advertising.  Because the cookies make the users computer send electronic communications without the users’ knowledge is this wiretapping?

Put differently, can a

Partners Martin ZoltickJenny Colgate, and Christopher Ott will present a webinar with the Northern Virginia Technology Council (NVTC) on “Employee and Customer Health Data: Back to Work in COVID-19” on Friday, June 5, 2020, at 10 a.m. EDT. The virtual event is open to all interested in attending.

As organizations open their