News & Analysis as of

Data Privacy First Amendment

Wilson Sonsini Goodrich & Rosati

CPPA Board Grapples with Public Concerns: Key Updates on Upcoming AI, Risk Assessment, and Cybersecurity Regulations

On April 4, 2025, the California Privacy Protection Agency (CPPA) Board met to discuss the latest draft California Consumer Privacy Act (CCPA) regulations related to cybersecurity audits, risk assessments, automated...more

Morrison & Foerster LLP - Social Media

Social Links: TikTok Tussles, Teen Privacy Push, and the Thumbs-Up That Sealed the Deal

If you want the perfect illustration of the high-stakes world of tech acquisition, look no further than the mad scramble for TikTok. Alexis Ohanian, Reddit’s wunderkind co-founder, has joined Frank McCourt’s Project Liberty...more

Alston & Bird

Court Enjoins Enforcement of California Age-Appropriate Design Code Act

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On March 13, 2025, the U.S. District Court for the Northern District of California granted a preliminary injunction preventing the California Attorney General (AG) from enforcing the California Age-Appropriate Design Code Act...more

Morrison & Foerster LLP - Social Media

Utah’s New App Store Age Verification Law: What S.B. 142 Means for Kids, Parents, and Tech

A groundbreaking law in Utah is poised to shake up how minors access apps. Earlier this month, Utah’s state legislature passed S.B. 142 (App Store Accountability Act), which requires major app store providers to verify users’...more

Venable LLP

Laws Regulating Minors' Access to Social Media Face First Amendment Scrutiny in the Courts

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Last month, the United States District Court for the Western District of Texas enjoined parts of the state's Securing Children Online Through Parental Empowerment (SCOPE) Act, a law requiring certain digital service providers...more

Sheppard Mullin Richter & Hampton LLP

California’s Kids’ Social Media Law Wrangling Continues, and Maryland Too!

The Ninth Circuit continued the pause on California’s SB 976 (Protecting Our Kids from Social Media Addiction Act) as of late January 2025. The law was signed by Governor Newsom in September 2024, and challenged by NetChoice...more

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

Troutman Pepper Locke

Third Circuit Denies Class Certification But Upholds TCPA’s Restrictions on Unsolicited Fax Advertisements

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Last week, the U.S. Court of Appeals for the Third Circuit issued an opinion denying class certification in a case under the Telephone Consumer Protection Act (TCPA) finding common issues did not predominate the individual...more

Nelson Mullins Riley & Scarborough LLP

The TikTok Ban Saga: SCOTUS, Trump’s Executive Order, and the Implications for Digital Marketing and Emerging Platforms

From expedited Constitutional challenges to an exodus of self-proclaimed “TikTok Refugees” to new foreign-owned social media platforms, the past week leading up to the Jan. 19, 2025, deadline for the TikTok Ban has been a...more

Holland & Knight LLP

U.S. Supreme Court Upholds TikTok Sale-or-Ban Law

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In a much-anticipated decision, the U.S. Supreme Court on Jan. 17, 2025, rejected TikTok's appeal and upheld the Protecting Americans from Foreign Adversary Controlled Applications Act (Act). The act, which was signed into...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

WilmerHale

Missouri Attorney General Promulgates Algorithmic Freedom Regulation

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On January 16th, Missouri Attorney General Andrew Bailey announced that he plans to issue a regulation that requires social media platforms to “offer algorithmic choice” to users....more

Epstein Becker & Green

TikTok, the Clock Won’t Stop, and Cases Involving Court Jurisdiction Narrowly Focused - SCOTUS Today

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As the snow has fallen on Washington, DC’s First Street over the past few days, the Supreme Court has begun to issue opinions in the current term....more

Snell & Wilmer

Ninth Circuit Upholds Oregon's Ban on Unannounced Audio Recordings, Rejects First Amendment Challenge

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The U.S. Court of Appeals for the Ninth Circuit has affirmed the dismissal of a lawsuit brought by Project Veritas, a conservative activist group that engages in undercover journalism, challenging the constitutionality of an...more

DarrowEverett LLP

Vibe Check on TikTok: Legal Changes May Force App to Take the L

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The future of TikTok is on the table in the United States. As has been widely covered, in April 2024, Congress passed the Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”), which...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

Wyrick Robbins Yates & Ponton LLP

Nothing But NetChoice: Federal Court Blocks Enforcement of California Age-Appropriate Design Code

A federal court in the Northern District of California recently granted a preliminary injunction in NetChoice v. Bonta that enjoins enforcement of the California Age-Appropriate Design Code (“Code”), which would have taken...more

Husch Blackwell LLP

Court Enjoins California Age-Appropriate Design Code Act

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Keypoint: A California federal district court granted NetChoice’s motion for preliminary injunction, finding that the California Age-Appropriate Design Code Act likely violates the First Amendment. On September 18, 2023, the...more

BCLP

California’s Expansive New Children’s Online Privacy Law Faces First Amendment Challenge

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The protection of children's online privacy has emerged as one of the most important data privacy issues in the United States. With the existing U.S. framework for protecting children's online privacy widely criticized as...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

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

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - December 2020

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CYBERSECURITY - Cyber Exposures Rise During Pandemic - Although it is logical that cyber-attacks have risen during the pandemic, and there is anecdotal evidence that it is occurring, including our own experience, an...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #258 – Misinformation on Social Media

The misinformation on social media about the election results (and other topics) is rampant. Social media companies like Twitter and Facebook are struggling with the balance between the First Amendment right to free speech...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - July 2020

In this month's edition, we examine the Court of Justice of the European Union's decision invalidating the EU-U.S. Privacy Shield framework, as well as the U.S. government's response to the decision. We also examine two...more

Harris Beach Murtha PLLC

Telemarketing Legislation, Litigation Remain Hot-Button Issues for Legislature and Courts

The legislation and litigation regarding unwanted calls remain alive and well and show no signs of ending anytime soon. With recent statutes enacted by the federal and New York State legislatures, telemarketing and debt...more

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