Legal Alert | Wiretap Laws in the United States
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Website owners often struggle to design privacy policies that are not only comprehensive, but also comprehensible. The tension between these competing concerns was in sharp focus in a recent Ninth Circuit decision, Calhoun v....more
Do you know what cookies your company’s website is using? If not, you likely do not know whether your company’s website is honoring users’ data protection choices involving the use of cookies. You should know and care so your...more
Frequent readers of this blog are aware of the surge in lawsuits alleging that companies illegally wiretap consumers when they utilize software which tracks consumers’ interactions on their websites. The majority of these...more
Businesses with a website beware: California regulators just warned that the law prohibits your website from making website users jump through hoops or otherwise confusing them as they try to exercise their privacy rights,...more
In a significant move to enhance consumer privacy and promote transparency in digital practices, the New York State Attorney General recently published two critical guides: “Website Privacy Controls: A Guide for Business” and...more
Consent is generally a precondition to an enforceable contract. Some website operators have attempted to enforce arbitration clauses set forth in the terms and conditions listed on their websites just because a consumer...more
Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more
Are you responsible for privacy compliance at your company? Sharpen your pencils and grab your highlighters for this three-part series on critical privacy laws, DPOs and privacy officers (and when you should appoint one), and...more
Kaiser Permanente is notifying 13.4 million current and former members that their personal information may have been compromised when it was transmitted to tech giants Google, Microsoft Bing and X (formerly Twitter) when...more
Amid little clarity from courts, wiretap claims targeting the use of data analytics tools are becoming increasingly common. Here are ways to stay compliant and avoid costly litigation....more
California businesses are experiencing a tsunami of demands and complaints alleging class action status that applies the well-established 1960’s California Invasion of Privacy Act (CIPA) to the internet’s new technology. CIPA...more
In this webinar, we will discuss the rising importance of first-party and zero-party data and how universal consent helps organizations solve the bottlenecks, challenges and heartaches associated with the evolution of data...more
Readers may recall our recent article discussing a new trend in California Invasion of Privacy Act (“CIPA”) litigation in which enterprising plaintiffs’ attorneys have brought CIPA allegations against companies that use...more
The UK Information Commissioner’s Office recently reported that it is continuing its review of website cookie banners. It had expressed concern late last year that these banners were not giving “fair choices” because they did...more
La loi de la Colombie-Britannique intitulée Intimate Images Protection Act (la « Loi ») et le règlement y afférent intitulé Intimate Images Protection Regulation (le « Règlement ») entreront en vigueur le 29 janvier 2024. La...more
Real estate businesses frequently operate multiple websites. These may include corporate websites, websites for each of their properties, and websites for their apps and ancillary service offerings. To maximize the...more
Wouldn’t life be easier if you could just drop whatever cookies you liked onto your website visitors’ browsers? After all, cookies are nothing more than strings of text—you could have your website use dozens of cookies and it...more
British Columbia’s Intimate Images Protection Act (Act) and Intimate Images Protection Regulation (Regulation) will come into force on January 29, 2024. The Act and Regulation provide a civil remedy for those whose intimate...more
The Spanish Data Protection Agency (SDPA) has published a brief guidance on the use of cookies (or similar technologies) as audience measurement tools (the “Guidance”). In the framework of the Guidance, the SDPA clarifies...more
The trend of class action cases alleging wiretap statute violations against website operators for the use of session replay software to collect information of website users, as our privacy team previously discussed here,...more
Understanding cookies and consent management is an important step to becoming compliant with modern data privacy regulations, but there’s another piece of the puzzle: Cookie governance. Good cookie governance is what...more
Keypoint: The Utah Division of Consumer Protection published proposed rules regulating social media companies under Utah’s Social Media Regulation Act. On October 15, 2023, the Utah Division of Consumer Protection (the...more
Companies in all industries and of all sizes are evaluating sophisticated and useful technology for their websites and applica- tions (their “apps”) in an effort to enhance and develop their image or brand and to support...more