Ninth Circuit Interprets Autodialer Broadly For TCPA Purposes
Marks signed up for a gym membership with Crunch Fitness. He received three text messages. He sued on behalf of a putative class. The key question is whether the messages were sent using an “automatic telephone dialing system” (ATDS) under…
California’s IoT Security Law is Well-Intentioned, but a Comprehensive Federal Law is Needed (Guest Blog Post)
by guest blogger Jeff Kosseff The views expressed in this post are only those of the author, and do not represent the Naval Academy, Department of Navy, or Department of Defense. The playbook is familiar: the federal government fails to…
California Amends the Consumer Privacy Act (CCPA); Fixes About 0.01% of its Problems
Recently, Gov. Brown signed SB 1121, the first of possibly several amendments designed to fix and rehabilitate the California Consumer Privacy Act (CCPA). Here is the complete statute as revised. I prepared a redline showing the amendments. The amendments make…
The Necessity of Geoblocking in the Age of (Almost) Unavoidable Geolocation (Guest Blog Post)
by guest blogger Marketa Trimble Recent U.S. court decisions suggest that geoblocking might no longer be optional – the use of geoblocking might now be de facto mandatory for any website operator who wants to avoid being subject to the jurisdiction…
IP Address Subscriber Isn’t Liable for Copyright Infringement by Users Sharing That IP Address–Cobbler v. Gonzales
Plaintiff owns copyrights to “The Cobbler” movie and is trying to enforce its rights via litigation in courts around the country. Eric previously blogged about another The Cobbler enforcement suit that didn’t turn out well for the plaintiff. In this…
Vermont’s “Revenge Porn” Crime Survives Constitutional Challenge–State v. VanBuren
Like many other states, Vermont has a relatively new crime against nonconsensual pornography (NCP) dissemination. A lower court ruled that the crime was facially unconstitutional. The state appealed. In this ruling, the Vermont Supreme Court grants the “extraordinary” relief of…
Recent Developments Regarding the California Consumer Privacy Act
This post recaps some recent developments related to the California Consumer Privacy Act (which I’m still calling CCPA despite the IAPP’s effort to brand it CaCPA). The Technical Amendments Bill The technical amendments bill is SB 1121. The bill would…
The California Consumer Privacy Act Should Be Condemned, Not Celebrated (Cross-Post)
[I initially published this with the IAPP. They are the ones that chose “CaCPA” over “CCPA.”] For years, many privacy professionals yearned for a comprehensive U.S. privacy law. So when California enacted the California Consumer Privacy Act, a comprehensive privacy…
A First (But Very Incomplete) Crack at Inventorying the California Consumer Privacy Act’s Problems
If you haven’t seen it, I summarized the California Consumer Privacy Act in a 3,000 word primer. If you aren’t familiar with the law, read that first. This post addresses the law’s multitudinous errors and major ambiguities. The list in this…
Q2 2018 Quick Links, Part 5 (Potpourri)
My email inbox has gotten out of control, and I had to declare partial email bankruptcy. In this post, I’m largely quoting highlights from 18 cases I had flagged for closer review or possible posting over the past 18 months…