New Paper Announcement: “Copyright’s Memory Hole”

I’m pleased to announce a new paper, “Copyright’s Memory Hole,” co-authored with Northeastern Law professor Jessica Silbey. The paper is still in draft form, and Jessica and I plan to do a major edit to the paper this summer. So…

Post-Charlottesville Doxxing and Misidentification Creates Legal Risks--Vangheluwe v. GotNews

Post-Charlottesville Doxxing and Misidentification Creates Legal Risks–Vangheluwe v. GotNews

This is a lawsuit brought by former owners of a car who were incorrectly identified as the driver of the vehicle (and his father, respectively) who ploughed into a crowd of pedestrians in Charlottesville. In the wake of the planned…

Top Internet Law Developments of 2018

My schedule tends to get busy around each new year, so my year-end recaps keep coming later and later. I hope it’s better late than never. It’s been a rough year for Internet law. As I tweeted in June: When…

Recap of the California Assembly Hearing on the California Consumer Privacy Act

Recap of the California Assembly Hearing on the California Consumer Privacy Act

Yesterday, the California Assembly Committee on Privacy and Consumer Protection held a hearing on the California Consumer Privacy Act. I believe this is the first legislative hearing ever on the law. The initial passage took place in a frenetic week,…

A Status Report on the California Consumer Privacy Act

A Status Report on the California Consumer Privacy Act

Yesterday, I did a webinar for the California Lawyers Association on the status of the California Consumer Privacy Act (CCPA). This post recaps the discussion. A Quick Overview of the CCPA The CCPA imposes 6 new obligations on covered businesses:…

Illinois Supreme Court Authorizes Biometric Lawsuits Without Any Allegation of Harm–Rosenbach v. Six Flags

Six Flags, the amusement park operator, allegedly violated Illinois Biometric Privacy Statute by collecting a minor’s fingerprint without consent. The state appeals court held that plaintiff had to allege harm beyond the information collection without consent. The Illinois state supreme…

Unmasking Effort Mooted by Single Publication Rule–Glassdoor v. Andra

Glassdoor allows employees to review employers. An employer, Andra, was unhappy about ten pseudonymous reviews posted about it from June 2014 to June 2015. In August 2015, it sought pre-suit discovery of the reviewers’ identities. Glassdoor opposed the request and…

Fourth Amendment Limits NYC’s Demands for Airbnb Customer Records

As part of its ongoing crackdown on short-term lodging, New York City passed an anti-Airbnb ordinance scheduled to take effect next month. HomeAway was also affected by the law, but I’ll focus on Airbnb. The ordinance addresses the challenges faced…

41 California Privacy Experts Urge Major Changes to the California Consumer Privacy Act

41 California Privacy Experts Urge Major Changes to the California Consumer Privacy Act

41 California privacy lawyers, professionals, and professors are urging the California legislature to make major changes to the California Consumer Privacy Act (CCPA), which the legislature hastily passed in 2018. The letter highlights six significant problems with the CCPA, including:…

2H 2018 Quick Links, Part 5 (Privacy, Advertising, Consumer Reviews)

Privacy * Winston Smith v. Facebook, No. 17-16206 (9th Cir. Dec. 6, 2018): “the connection between a person’s browsing history and his or her own state of health is too tenuous to support Plaintiffs’ contention that the disclosure requirements of…