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Data Collection Terms of Use

Fox Rothschild LLP

The LinkedIn-HiQ Labs Case and Data Scraping in the US: Some Takeaways

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What does the summary judgment granted to Linkedin in the famous Linkedin-HiQ Labs case teach us about data scraping in the US? Here are some of my thoughts on what the U.S. District Court for the Northern District of...more

Stikeman Elliott LLP

Advertisers Bear Burden of Proving Individuals’ Consent to Appear in Ads, B.C. Court Rules – Also Holds that Legislatures Cannot...

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In Douez v. Facebook, Inc., 2022 BCSC 914, the Supreme Court of British Columbia (the “Court”) held that Facebook used class members’ names and images in its “Sponsored Stories” advertising program without their consent,...more

Fox Rothschild LLP

Top 3 Compliance Issues to Consider When Implementing Cannabis Loyalty Programs

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In the age of information, data is king. Keeping that point in mind, cannabis companies are flocking to build defensible market positions through cannabis loyalty programs. Cannabis loyalty programs are becoming more popular...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #280 – Using Biometric Information for Payments and Services

Many individuals already use facial recognition technology to authenticate and authorize payment through their smartphone. According to Jupiter Research, by 2025 (only four years away), 95 percent of smartphones will have...more

Kilpatrick

June 2020 Monthly Minute | Effectively Protecting Your Data

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Once a month, we cover an interesting intellectual property topic. This month, Senior Associate Richard Goldstucker and Associate Tony Glosson discuss effectively protecting your data....more

Proskauer - New Media & Technology

Facebook Brings Suit against Mobile Marketing Firm for Siphoning User Data without Authorization

In continuing its push to enforce its terms and policies against developers that engage in unauthorized collection or scraping of user data, Facebook brought suit last month against mobile marketing and data analytics firm...more

Proskauer - New Media & Technology

In Blockbuster Ruling, Ninth Circuit Affirms hiQ Injunction — CFAA Claim Likely Not Available for Scraping Publicly Available...

In a ruling that is being hailed as a victory for web scrapers and the open nature of publicly available website data, the Ninth Circuit today issued its long-awaited opinion in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783...more

ArentFox Schiff

The Fun App Trap

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We’ve all seen the funny faces appearing across the internet as friends and family use the FaceApp to see what they may look like in 30 to 50 years. The resulting images are wrinkled and gray, but the trade made—instead of...more

McAfee & Taft

Privacy Gone Public: How growing push for privacy laws may affect U.S. businesses

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The World Wide Web turns a spry 30 years old this year and statistics on its usage are mind-blowing. As of October 2018, more than four billion humans — half of the world’s population — are online. On average, Google...more

Morgan Lewis

Is Your Disclosure Sufficient? New Challenge to Application’s Privacy Policy

Morgan Lewis on

Does your website or application collect user data? Does your company sell that user data to other third parties, such as advertisers? Does your company disclose this practice to your users in a privacy policy or terms or...more

Proskauer - New Media & Technology

Researchers May Challenge the Constitutionality of the CFAA “Access” Provision as Applied to Web Scraping

Such Scraping “Plausibly Falls within the Ambit of the First Amendment” The Ninth Circuit is currently considering the appeal of the landmark hiQ decision, where a lower court had granted an injunction that limited the...more

Proskauer - New Media & Technology

Ending Data Scraping Dispute, Craigslist Reaches $31M Settlement with Instamotor

Craigslist has used a variety of technological and legal methods to prevent unauthorized parties from violating its terms of use by scraping, linking to, or accessing user postings for their own commercial purposes. For...more

McAfee & Taft

I accept!

McAfee & Taft on

So, you’re ready to launch your new online business or mobile app. The website looks great, and the app tile has an elegant, simple design that’s sure to stand out on phone and tablet screens. Missing anything? Oh, yeah, that...more

Jackson Lewis P.C.

Pokémon GO – Next Stop: Regulation & Litigation

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As everyone is aware, the Pokémon GO craze has taken the world by storm in the past month. Reports estimate there have been over 75 million downloads of the digital game since the program became available on July 6. Apple...more

McGuireWoods LLP

Pokémon Go: Catching More Than Just Users

McGuireWoods LLP on

Since its release on July 6, 2016, Pokémon Go has unofficially become the most successful mobile app to date. Generating over 2 million dollars in revenue per day, it already has more daily users than Twitter, and the...more

King & Spalding

ACLU Suing To Limit The Scope Of The Computer Fraud And Abuse Act And Promote Research Of Online Discrimination

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On June 29, 2016, the American Civil Liberties Union filed a lawsuit against Loretta Lynch in her official capacity as the United States Attorney General to challenge the constitutionality of a provision of the Computer Fraud...more

BCLP

Recommendations for Evaluating Your Organization’s Use of Social Media

BCLP on

The majority of organizations utilize social media to market their products and services, interact with consumers, and manage their brand identity. Many mobile applications and websites even permit users to sign-in with their...more

Proskauer - New Media & Technology

California Court Refuses to Dismiss Biometric Privacy Suit against Facebook

The District Court for the Northern District of California recently issued what could be a very significant decision on a number of important digital law issues. These include: the enforceability of “clickwrap” as compared...more

Mintz - Privacy & Cybersecurity Viewpoints

Will free apps soon be dead in Europe?

As we’ve discussed previously, the GDPR significantly limits user consent as a basis for processing personal data. One interesting question is whether the new rules on consent will kill free apps in Europe. Free apps...more

Morrison & Foerster LLP - Social Media

French Consumer Association Takes on Internet Giants

Earlier this year, the French consumer association UFC-Que Choisir initiated proceedings before the Paris District Court against Google Inc., Facebook Inc. and Twitter Inc., accusing these companies of using confusing and...more

Orrick, Herrington & Sutcliffe LLP

Mobile Apps Remain Regulatory Focus as FTC Enforces Data Privacy of Popular Program

The provider of the immensely popular “Brightest Flashlight Free” mobile app for Android reached a settlement with the Federal Trade Commission (FTC) over charges that it collected sensitive personal information, including...more

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