News & Analysis as of

Data Collection First Amendment

Snell & Wilmer

Supreme Court Upholds Law Restricting TikTok’s Operations in the U.S.

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On January 17, 2025, the Supreme Court issued its decision in TikTok Inc. v. Garland, affirming the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act (the Act), which restricts...more

Morrison & Foerster LLP - Social Media

Social Links: TikTok’s Wild Ride

In a rare unanimous decision, on January 17, the U.S. Supreme Court upheld a law that bans TikTok in the United States on national security grounds so long as it has its current ownership structure. TikTok chose to make the...more

Cranfill Sumner LLP

Why the Supreme Court Tolerated the TikTok Ban (And What That May Teach Us About Deference)

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Today the Supreme Court of the United States declined to block Congress’s TikTok ban, clearing the way for the ban to take effect on January 19, 2025. On a quick look, banning an online forum where millions of Americans...more

Robinson+Cole Data Privacy + Security Insider

Supreme Court to Hear TikTok Case

The United States Supreme Court announced on December 18, 2024, that it will hear the TikTok ban case and has scheduled oral arguments to be held on January 10, 2025, before the ban’s effective date of January 19, 2025....more

Arnall Golden Gregory LLP

TikTok on the Clock: What Brands Should Consider Pending a Potential TikTok Ban

Background - A potential ban of the popular social media app, TikTok, has been in the news for years, but recent events suggest that it may become reality for Americans in the coming weeks. On December 6, 2024, the U.S. Court...more

Alston & Bird

The D.C. Circuit’s TikTok Decision Could Portend Greater Regulation of Chinese-Owned Apps

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On December 6, 2024, the United States Court of Appeals for the D.C. Circuit upheld the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act (“Act”). The Act, signed into law by...more

Sheppard Mullin Richter & Hampton LLP

#StatusUpdate on Social Media, Apps, and Children’s Privacy

Regulations impacting children’s use of social media continues to be a space in motion the past few months. There have been developments at both the state level, as well as with the FTC. And there is no sign of slowing down....more

Morrison & Foerster LLP - Social Media

Social Links: TikTok Trademarks, Social Signposts, And Robot Rock

Sick of the “very demure, very mindful” social media trend yet? The U.S. Patent and Trademark Office probably is too. Our national nightmare began on August 5 when TikToker Jools LeBron uploaded a video of herself...more

Husch Blackwell LLP

Ninth Circuit Issues Opinion on Constitutionality of California’s AADC

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Keypoint: The appellate court ruled that the California Age-Appropriate Design Code Act’s impact assessment provision is unconstitutional and remanded the case back to the trial court to consider the constitutionality of the...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #397 – TikTok and ByteDance File Suit Against the United States

As threatened, TikTok, Inc. and ByteDance, Ltd., the owner of the TikTok app, filed suit against the United States on May 7, 2024, alleging that the Protecting Americans From Foreign Adversary Controlled Applications Act...more

Skadden, Arps, Slate, Meagher & Flom LLP

Motion To Dismiss Ruling Provides Insight Into How Courts View AI Training Data Cases

A recent decision by a California district court in J. Doe 1 v. GitHub, Inc., a case brought by computer programmers alleging that their works had been used to train AI models that generate computer code in violation of their...more

Foley & Lardner LLP

California Governor Gavin Newsom Signs Bill Requiring Venture Capitalists to Report on the Diversity of the Businesses They Invest...

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California Governor Gavin Newsom (D) has signed a bill that mandates venture capitalists to report the diversity of the founding members of businesses they invest in, making the first state to require venture capital firms to...more

Wiley Rein LLP

Cracks in the State Privacy Law Foundation: State Privacy Law Challenges See Success in District and State Courts

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A recent spate of successful legal challenges has provided some relief from the ever-swelling wave of state privacy laws. The legal bases of these challenges vary, but taken together, they highlight that state privacy laws –...more

Cozen O'Connor

Montana AG Mounts Defense of State’s TikTok Ban

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Montana AG Austin Knudsen is defending a new Montana law which prohibits the social media platform TikTok from operating in the state and prohibits mobile application stores from making TikTok available for download starting...more

Polsinelli

Facial Recognition: Clearview-ACLU Settlement Charts a New Path for BIPA and the First Amendment

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The closely watched privacy and First Amendment battle between Clearview AI (“Clearview”) and the American Civil Liberties Union (“ACLU”) came to a close on May 9, 2022 as the parties announced a settlement and proposed...more

ArentFox Schiff

Supreme Court Hears Oral Argument on California’s Attempt To Collect Names of Donors to Nonprofits

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The petitioners appeared to have a more sympathetic bench and went so far as to say the Attorney General of the State of California was “not genuine” in his position. On April 26, the Supreme Court held a lively oral...more

Womble Bond Dickinson

EU Data Localization Would Hurt U.S. Businesses

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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

Proskauer Rose LLP

Three Point Shot - October 2020

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials....more

Orrick, Herrington & Sutcliffe LLP

WeChat and TikTok Sanctions Not to Come Into Effect Sept. 20

Late last week, a Magistrate Judge for the U.S. District Court for the Northern District of California issued an order granting a motion for a nationwide preliminary injunction forbidding implementation of sanctions against...more

Womble Bond Dickinson

U.S. Customs Opens Mass Searches of Data on Confiscated Traveler Smartphones, Computers

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I am an advocate of providing law enforcement officers the newest technology to do their jobs well. If there is a recording of an event, the police should be able to use it. If a stingray can capture cell phone...more

Robins Kaplan LLP

Financial Daily Dose 8.12.2020 | Top Story: 9th Circuit Reversed Antitrust Ruling Against Qualcomm

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Big win for Qualcomm this week, with a 9th Circuit panel reversing an antitrust verdict against the company that “had threatened the chip maker’s business model.” The appellate court, in flipping the district court’s ruling,...more

Payne & Fears

Supreme Court Makes More Robocalls Illegal and Will Determine What Is a Robocall Soon

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Since 1991 the Telephone Consumer Protection Act, or TCPA, has regulated robocalls, which are loosely defined as calls or texts using automatic telephone dialing systems (a/k/a an “autodialer”). In 2015, Congress excluded...more

Hinshaw & Culbertson - Consumer Crossroads

SCOTUS Decides Federal Debt is not Exempted from TCPA, While FCC Autodialer Declaration Further Alters TCPA Landscape

With a major U.S. Supreme Court decision leading the way, recent developments continue to reshape the landscape of the Telephone Consumer Protection Act (TCPA)....more

McDermott Will & Emery

Though CCPA Is Now Live, Questions Concerning Its Constitutionality Linger

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As businesses have scrambled to obtain compliance with the California Consumer Privacy Act (CCPA) in recent months, questions surrounding its constitutionality have arisen. As a broad, sometimes unclear state law that imposes...more

Pierce Atwood LLP

Maine’s New Internet Privacy Law: What You Need to Know

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Last week, Maine enacted an internet privacy law requiring broadband internet service providers (ISPs) to obtain a customer’s express, affirmative consent before using their personal information, including browsing history....more

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