Comments on the DOJ’s Proposed Modifications to the CCPA Regulations

…revisions; and several have substantial financial consequences. As just one example, the regulations initially proposed mandatory transparency reports for businesses that collect personal information from 4M+ Californians. The revisions would…

The “EARN IT” Act Is Another Terrible Proposal to “Reform” Section 230

…230(c)(2)(A) isn’t likely to protect trying-and-failing, and that’s the likely grounds for any newly tenable EARN IT Act claims. Expanded Reporting Safe Harbor Existing law requires Internet services to report

Website Denied Section 230 for No Good Reason, Wins the Case Anyways–DF Pace v. Baker-White

…own words. See, e.g., Milo v. Martin. The “Ripoff Report” and “PissedConsumer” cases are also highly relevant here, because both of those sites ensure a negative context for the third-party…

Eric Goldman’s Comments to the California DOJ Draft Regulations for the Consumer Privacy Act (CCPA) (Part 3 of 3)

…and interpret the program’s signals, and (4) provide a phase-in window for businesses to implement any newly certified programs. Transparency Reports 999.317(g) creates a new obligation for bigger businesses to…

Some Lessons Learned from the California Consumer Privacy Act (CCPA), 18 Months In (Part 2 of 3)

…on the California Consumer Privacy Act * A Status Report on the California Consumer Privacy Act * 41 California Privacy Experts Urge Major Changes to the California Consumer Privacy Act…

Resetting the California Consumer Privacy Act (CCPA)…with 2 Weeks To Go! (Part 1 of 3)

…problematic. For example, the regulations propose new transparency reports about larger companies’ CCPA practices. This information will be expensive to produce, but it’s not clear who will find the reported…

Breach of Contract/Promissory Estoppel Claims Bypass Section 230 But Fail Anyways—Yue v. Miao

…serves to warn posters articles will be deleted, not to promise to reporters the post will be deleted. It is inherently unreasonable for a reporter to rely on this to…

Notifying Twitter of TOS Violations Isn’t Tortious Interference–Illoominate v. CAIR

…says: “Plaintiffs’ suggestion that the mere reporting of a Twitter user—however insistent such reporting may be—is sufficient to constitute tortious interference in a business relationship between Twitter and the targeted…

IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v. FTC

…Anti-Competitive–FTC v. 1-800 Contacts * ALJ opinion. Blog post: Interesting Tidbits From FTC’s Antitrust Win Against 1-800 Contacts’ Keyword Ad Restrictions. * Some expert reports and related material: Howard Hogan….

And At the End of the Day, the CCPA Remains Very Much the Same (Guest Blog Post)

…furnisher of information, who provides information for use in a consumer report, and by a user of a consumer report. The exemption does not impact a consumer’s ability to bring…

Visit Full Blog