Welcome to our seventh 2024 issue of Decoded - our technology law insights e-newsletter. We have a few events we want to pass along to those interested in technology, but also other areas of law and business.
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9/4/2024
/ Acquisitions ,
Artificial Intelligence ,
Construction Industry ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Deep Fake ,
Food and Drug Administration (FDA) ,
Insurance Industry ,
Medical Devices ,
Mergers ,
National Security ,
Presidential Elections ,
Product Recalls ,
Ransomware ,
Risk Management ,
Technology Sector
We are pleased to announce that several of the firm’s practice groups and attorneys were recognized in the 2024 edition of Chambers USA, a directory of leading law firms and attorneys. Chambers and Partners annually...more
6/14/2024
/ Antitrust Provisions ,
Artificial Intelligence ,
Broadband ,
China ,
Communications Act of 1934 ,
Construction Industry ,
CRISPR ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Privacy ,
Data Security ,
Department of Health and Human Services (HHS) ,
FCC ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Incident Response Plans ,
Machine Learning ,
OCR ,
OSHA ,
Ransomware ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Sensitive Personal Information ,
Unfair Competition
Unlike the General Data Protection Regulation (GDPR) in the European Union (EU), the United States does not have a nationwide comprehensive data privacy law. Instead, the United States applies a sectoral approach to its...more
1/17/2024
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
With the ever-expanding Internet of Things, data privacy is a growing concern in today’s digital age. The automotive industry is no exception. The National Highway Traffic Safety Administration (“NHTSA”) has broad regulatory...more
9/27/2023
/ Automotive Industry ,
California Consumer Privacy Act (CCPA) ,
Consent ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data-Sharing ,
Encryption ,
Federal Trade Commission (FTC) ,
FTC Act ,
Internet of Things ,
Motor Vehicles ,
NHTSA ,
Privacy Laws ,
Section 5 ,
Technology Sector
Are Automakers Making Sufficient Efforts to Protect Customer Data?
With the ever-expanding Internet of Things, data privacy is a growing concern in today’s digital age. The automotive industry is no exception. The National...more
9/27/2023
/ Artificial Intelligence ,
Automotive Industry ,
Censorship ,
Consumer Privacy Rights ,
CRISPR ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data-Sharing ,
DNA ,
Educational Institutions ,
Hackers ,
Information Technology ,
Internet of Things ,
Life Sciences ,
Machine Learning ,
NHTSA ,
Personal Data ,
Popular ,
Regulatory Freeze ,
Regulatory Oversight ,
Risk Management ,
Social Media ,
Technology Sector
You may be Entitled to Financial Compensation…for Your Data -
“Without all of our writings and photos that AI companies are using to train their models, they would have nothing to sell.”
Why this is important: This...more
8/4/2023
/ Algorithms ,
Artificial Intelligence ,
Biotechnology ,
Bots ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Data Deletion ,
Data Privacy ,
Educational Institutions ,
FCC ,
Federal Trade Commission (FTC) ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Investment ,
Life Sciences ,
Online Platforms ,
PHI ,
Ransomware ,
Ripple ,
School Districts ,
Securities ,
Securities and Exchange Commission (SEC) ,
Technology Sector
Cyber Resilience Programs Falling Short on Preparing Workers for a Crisis-
“At two-thirds of organizations, there is a fear that almost all employees, 95%, will not understand how to recover following a cyberattack.”
...more
6/1/2023
/ Artificial Intelligence ,
Biotechnology ,
Bots ,
Colleges ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Educational Institutions ,
Employees ,
Enforcement Actions ,
Financial Services Industry ,
Healthcare ,
Investment ,
Popular ,
Ransomware ,
Research and Development ,
School Districts ,
Technology Sector ,
Telehealth ,
Universities
Tech Vendors and Cybersecurity – Are They Responsible?
It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you...more
4/25/2023
/ Algorithms ,
Archived Data ,
Artificial Intelligence ,
Burden of Proof ,
Commercial Litigation ,
Content Publishing ,
Contract Terms ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Retention ,
Data Security ,
Data Storage ,
Defamation ,
Educational Institutions ,
Electronic Communications ,
Electronically Stored Information ,
Fox News ,
Free Speech ,
Indemnification Clauses ,
Indemnity ,
Libel ,
Machine Learning ,
News Stories ,
Personal Information ,
Political Speech ,
Popular ,
Risk Management ,
Robots ,
School Districts ,
Settlement ,
Social Media ,
Software ,
Software Developers ,
Students ,
Technology Sector ,
Vendor Contacts ,
Vendors
Data privacy professionals have characterized the data privacy risks associated with ChatGPT as a “nightmare.” In order to function, open artificial intelligence programs (“OpenAI”) like ChatGPT require huge amounts of data...more
4/25/2023
/ Algorithms ,
Artificial Intelligence ,
Bots ,
Data Collection ,
Data Privacy ,
Educational Institutions ,
Machine Learning ,
Personal Information ,
Risk Management ,
School Districts ,
Students ,
Technology
Amazon Sued for Not Telling New York Store Customers about Tracking Biometrics -
“Thanks to a 2021 law, New York is the only major American city to require businesses to post signs letting customers know they’re tracking...more
4/3/2023
/ 3D Printing ,
Authorship ,
Biometric Information ,
Biometric Information Privacy Act ,
Biotechnology ,
Chief Information Security Officer (CISO) ,
Class Action ,
Cryptocurrency ,
Cyber Attacks ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Security ,
Disclosure Requirements ,
Divorce ,
DNA ,
Email ,
Employer Liability Issues ,
Facial Recognition Technology ,
Fingerprints ,
Human Embryos ,
Incident Response Plans ,
Life Sciences ,
Medical Devices ,
Non-Fungible Tokens (NFTs) ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Securities and Exchange Commission (SEC) ,
State and Local Government ,
Technology Sector
Biometric identifiers are unique to every individual. They include your fingerprints, facial structure, and even how you walk. There is the Illinois Biometric Information Protection Act (“BIPA”), and biometric protection...more
4/3/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Data Privacy ,
Facial Recognition Technology ,
Fingerprints ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
Illinois Supreme Court Allows Massive Damages in Biometric Privacy Cases -
“The case involves Ohio-based fast-food company White Castle.”
Why this is important: Illinois has the strictest biometric privacy law in the...more
3/2/2023
/ Acquisitions ,
Biometric Information ,
Biometric Information Privacy Act ,
CEOs ,
Corporate Governance ,
Cryptocurrency ,
Data Collection ,
Data Privacy ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
IL Supreme Court ,
Mental Health ,
Popular ,
Privacy Laws ,
Risk Assessment ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
Technology Sector ,
TikTok ,
Universities
Your biometric data tells the tale of who you are in intricate detail. Often, your biometric data is used to verify your identity at work or school. Currently, Illinois has the most comprehensive biometric privacy law in the...more
2/6/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Personal Data ,
Privacy Laws ,
Proposed Legislation ,
Regulatory Agenda ,
State and Local Government ,
State Privacy Laws ,
Technology
The U.S. does not have a federal data privacy law. In the absence of an all-encompassing data privacy law, the U.S. has a myriad of individual state privacy laws. The significant state data privacy laws that are often used as...more
Collecting data from a California customer’s use of the chat feature on your website without first obtaining the customer’s permission may constitute a violation of Section 631(a) of the California Invasion of Privacy Act...more
The Supreme Court has Made It Harder to Regulate New Technologies -
“However, the way the Supreme Court did this—by recognizing and endorsing the ‘major questions doctrine’—threatens regulation and public policy in the...more
EU and U.S. Agree to New Data-Sharing Pact, Offering Some Respite for Big Tech
“For over a year, officials on either side of the Atlantic have been hashing out a deal to replace the so-called Privacy Shield.”
Why this...more
Cybersecurity Is Everyone’s Responsibility -
A recent survey by PricewaterhouseCoopers revealed that U.S. executives now consider cyberattacks the number one risk their companies face. Concerns about cybersecurity have...more
Seven North Carolina Colleges Secretly Tracked Social Media Posts of Students, Protesters
"A new report shows seven North Carolina universities monitored social media platforms to keep an eye on things like protests or...more
IRS Says It Exposed Some Confidential Taxpayer Data on Website "Tax agency says error led to posting about some taxpayers with IRAs." Why this is important: In the last issue of Decoded, we discussed the fact that the IRS...more
CFPB Takes Action to Protect the Public from Shoddy Data Security Practices
"The bureau said the circular does not suggest that particular security practices are specifically required under the Consumer Financial...more
9/7/2022
/ Blockchain ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Cryptocurrency ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Financial Institutions ,
Non-Fungible Tokens (NFTs)
CHIPS and Science Act Will Lower Costs, Create Jobs, Strengthen Supply Chains, and Counter China
"Spurred by the passage of the CHIPS and Science Act of 2022, companies have announced nearly $50 billion in additional...more
Data Privacy, Abortion Limits Set to Collide Post-Roe "Even before the June 24 ruling in Dobbs v. Jackson Women’s Health Organization, privacy advocates, concerned that data on women seeking abortions could be used to target...more
Is the U.S. Finally Getting a Comprehensive Cybersecurity and Data Protection Law? What You Need to Know About the Proposed American Data Privacy and Protection Act -
In the beginning of the 2000s, as a result of the...more
7/21/2022
/ Biotechnology ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
CRISPR ,
Cryptocurrency ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Facial Recognition Technology ,
Food and Drug Administration (FDA) ,
Nanotechnology
In the beginning of the 2000s, as a result of the advance in technology, the Federal Trade Commission (“FTC”) looked to Congress to pass legislation that would ensure protection of citizens' privacy rights. However, Congress...more