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How Your Car Became a Surveillance Weapon

Your car is spying on you, and you may have invited others to spy on you in the car too. We have long known that connected devices have the capabilities of tracking our movements and behavior to send to unknown data...more

Can US Government Help Improve Broadband?

What do you think about when we speak of infrastructure? Roads, bridges or even a wall? A key component to this country’s critical infrastructure is broadband connectivity, which has become even more important during the...more

In-house Roundhouse: Antitrust and the Tech Industry [Audio]

Stephanie Lambert, Chief Compliance Counsel with NetScout Systems, Inc., and Womble Bond Dickinson partner and veteran cyber attorney Ted Claypoole talk with host and business litigator, Mark Henriques, about the current...more

The Era of Retail Biometric AI Crime Has Begun

Each new technology seems to offer creative tools for both criminals and law enforcement.  Telegraphs and telephones spawned wire and phone fraud. The era of digital networking ushered in the age of hacking. Digital banking...more

U.S. Surveillance Society Could Learn from EU Approach to Privacy

We have learned in the past year that privacy protection can often conflict with pandemic protections, as contact tracing regimes and databases of infections and vaccinations highlight people’s personal situations in the...more

How Will the "New" New California Privacy Law Affect Your Business?

We had started getting (sort of) comfortable with the CCPA—California’s omnibus privacy legislation—when the state decided to change the law again. The CCPA just began to be enforced in July of 2020 when a mere 4 months...more

The Worm Turns on Big Tech, New Types of American Threats

I have written recently about the crashing tsunami of change in legal attitudes toward the largest U.S. data, technology and internet companies, especially in the antitrust realm. As we consider whether GAFA critic Tim Wu...more

Data Localization and the Limits of “Everything from Everywhere”

The movement to localize some or all of internet data has grown over the past five years as countries introduce new laws restricting data flows, and others try to boost local businesses by placing burdens on international...more

The UK Sets Out to Prove That You Are You

There is a reason we don’t all have a definitive digital identifier. I am describing a digital ID to be used by everybody for everything we do online – any bank would know you anywhere and know what funds it could give...more

U.S Senate Takes Aim at Big Tech

Hard on the heels of the muckle of anti-trust filings against the huge U.S. technology companies in the past few months, the United States Senate indicates that clamping down on Big Tech will be a priority for the new...more

States Gear Up to Limit Use of Biometrics and Biological Data

This may be the year when the limitation of biometric capture goes national. Right now, companies using biometrics are driven by one state law, but others could soon join....more

Should CDA Section 230 Be Changed?

In the current environment of reckoning for the societal power of Big Tech, one threat seems ever-present on the tongues of those who would cut these companies down to size. Enacting this threat is likely to have the opposite...more

The New Age of Content Moderation(?)

The huge search and social media platforms of the internet are reaching an inflection point. For decades they have been able to deflect attention from their role as content providers. The issue is now front and center in our...more

Why Big Tech Wants Your Body

Your body may be a wonderland or a wasteland, but it is a goldmine of data. Collectors of information have noticed. In our midwinter exploration of the economic and legal foundations of data regulation, we next turn to a...more

One Transaction Generates Data to Feed Multitudes

Last week I jumped from the starting point of the newest U.S. anti-trust action against Google into a discussion about the legal and economic status of data. I would like to carry the discussion of data further....more

Technologies Lost in 2020

In 2020, a more tragic year than most, we lost giants of the technology world. We lost Larry Tesler, PARC’s magician, later at Apple, who helped develop the computer commands that run our lives, like ‘search and replace’ and...more

What Law, Economics and the Newest Anti-Trust Lawsuit Ask About Data

Two weeks ago I collected the major recent anti-trust/competition lawsuits, by regulators and competitors alike, filed against U.S. big technology companies. My point was that, after a long fallow period where these giants...more

Silicon Valley Anti-Trust Review: Scorecard and Coming Attractions

Tim Wu, the bard of big tech, has written multiple books about the rise and coming fall of technology monopolies, oligopolies, and empires. In The Master Switch, Wu tells the story of how, in the 19th Century, the existing...more

EU Data Localization Would Hurt U.S. Businesses

Stung by Brexit and set adrift by a neglectful U.S. foreign policy, the European Union has started to explore new ways of breaking away from the rest of the world, including taking steps to cordon EU data into locally managed...more

ALERT: EU Actively Supports Protectionist Data Localization Policies

Meet the Euro-crats who think that the European Union needs to behave more like Russia and China. More like Nigeria, Kazakhstan, and Indonesia. These leaders are pushing not just to punish U.S. firms for successfully...more

IoT Security Reaches Center Stage in U.S.

How is a refrigerator like a stoplight camera and a delivery drone? Each of these devices and hundreds of millions of others are part of the internet of things (IoT), meaning that manufacturers are building them with sensors...more

Maddening Online Complaints: Saving You From Yourself

We work hard for our businesses, and those of you who started your own enterprise are even more deeply concerned about it than others. Which is why criticism of your business can be so frustrating....more

Evolution of Personal Data in U.S. Law

Definitions are important. How we define words sets the context for how we regulate them. In the U.S., the definitions of legally defended private information are changing, affecting the entire scope of information...more

Tiny Personal Assistant Poses Big Risk and Privacy Concerns

What if your personal digital assistant was so small but it encompassed your entire home? If you are wondering how this would be possible, see the new generation of smart assistants designed to be placed into your wall,...more

Zoom Settles with the FTC on Video Surveillance and Encryption Overstatement

The Federal Trade Commission (“FTC”) conducted an investigation into Zoom Video Communications, Inc.’s (“Zoom”) privacy and security practices and announced a settlement agreement on November 9, 2020. As a part of the...more

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