My Third Set of Comments to the CA DOJ on the CCPA Regulations
California is in a state of emergency. Our state is facing its worst public health crisis in decades (or possibly ever). Yet, the California DOJ is pushing forward its regulations to the California Consumer Privacy Act (CCPA). It just reiterated…
Santa Clara Law’s Privacy Law Program Receives Substantial Gifts…AND COME WORK WITH ME!
Today, Santa Clara Law announced that we’ve received three gifts totaling $750k that we will use to enhance our already highly successful privacy law program. We’re honored by the generosity of our donors: Larry Sonsini; Paul Gentzkow and his wife Barbara Gentzkow; and Kapil Nanda and…
Comments on the DOJ’s Proposed Modifications to the CCPA Regulations
In October 2019, the California Department of Justice (DOJ) published its first draft of regulations under the CCPA. These regulations attracted 1700 pages of comments, including a submission from me. Earlier this month, the DOJ published proposed revisions to those…
Yelp Defeats Businesses’ “Right to Be Forgotten” Claims—Spiegelman v. Yelp
The plaintiffs sued Yelp for using their business information, including their names, photographs and likenesses, without permission. Though the opinion doesn’t expressly state it, it appears these plaintiffs were seeking to get delisted from Yelp’s databases, which is why I’m…
Santa Clara Law Is Hiring a Privacy Law Fellow for 2020-21
We’re hiring a Privacy Law Fellow for 2020-21, with the expectation that the term would extend another year if both sides are happy. The priority deadline is February 21. I’d be grateful if you could help spread the word. If…
Top Internet Law Developments of 2019
It’s increasingly hard to find good news in Internet law, so I organized this year’s Internet Law roundup by categories of doom. Trigger warning: you should grab some tissues before proceeding. Doomed (in a Bad Way) Doomed: User-Generated Content. It…
Eric Goldman’s Comments to the California DOJ Draft Regulations for the Consumer Privacy Act (CCPA) (Part 3 of 3)
[Introduction: initially, I aspired to write a blog post summarizing and analyzing the DOJ’s proposed CCPA regulations. After seeing the draft, I quickly abandoned that idea. The regulations are 10,000 words of dense, layered, heavily cross-referenced administrative-speak. There is ambiguity…
Maryland Disclosure Requirements for Online Political Ads Violates the First Amendment–Washington Post v. McManus
In 2018, Maryland passed the “Online Electioneering Transparency and Accountability Act”. The act broadened the reach of Maryland’s political advertising rules to cover online advertisements and “online platforms”. It required publishers to publish somewhere on their sites the following information…
Some Lessons Learned from the California Consumer Privacy Act (CCPA), 18 Months In (Part 2 of 3)
[Introduction: this is part 2 of a 3-part series on the California Consumer Privacy Act, spurred by my comments on the DOJ’s draft regulations (which I’ll post tomorrow). Part 1 of the series addressed how we got here. Today’s part…
Resetting the California Consumer Privacy Act (CCPA)…with 2 Weeks To Go! (Part 1 of 3)
[Introduction: I recently submitted comments on the California DOJ’s draft CCPA regulations. As part of preparing my comments, I took some time to reflect on the CCPA more generally, 18 months since passage and weeks away from launch. That led…