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The Video Privacy Protection Act (“VPPA”), a federal statute enacted in 1988, is gaining new relevance in recent years as plaintiffs bring lawsuits with the goal of enforcing online privacy rights. 2024 saw a continuation of...more
It is hard to believe that we are starting the 25th year of the 21st century. The rapid evolution that technology, privacy and data security have undergone these last 25 years is mindbending. Yet, as we enter 2025, it still...more
Perhaps no use case better exemplifies the rapidly evolving privacy law landscape in the US than the legal framework surrounding companies’ use of cookies, pixels, and other web trackers. The 119th Congress brings new...more
To paraphrase Animal Farm, all pixels are not created equal, but some pixels are more privacy invasive than others. Here are some recent points I made during a presentation to some of my firm’s litigators:...more
In a long-awaited decision affecting the scope of privacy protections in Massachusetts, on October 24, 2024, the Massachusetts Supreme Judicial Court (“SJC”) held that collecting and transmitting user browsing activities,...more
The Federal Trade Commission (FTC) reiterated its long-held view that hashing or pseudonymizing identifiers does not render data anonymous, in a post to its Technology Blog on July 24, 2024....more
Keypoint: Two California state court decisions have addressed motions to dismiss claims under the novel “pen registry” and “tap and trace” theories, but reached different outcomes after finding different policy considerations...more
CYBERSECURITY - City of Pensacola Services Disrupted by Cyber-Attack - Adding to the list of many other municipalities, the city of Pensacola, Florida, was hit with a cyber-attack last weekend that affected services to...more
New state privacy laws regulating health data impose significant obligations and heightened risks. In addition to existing laws in California, Colorado and other states, Washington State’s My Health My Data Act and Nevada’s...more
Anyone following trends in consumer class action litigation will know that consumer privacy was a primary focus of the plaintiff’s bar in 2023. And there are no signs this uptick in consumer privacy claims is slowing any time...more
In 1988, Congress enacted the Video Protection Privacy Act (“VPPA”) in response to the confirmation hearing of Judge Robert Bork, where his video rental history was disclosed during his Supreme Court confirmation hearing....more
The Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services' Office for Civil Rights (OCR) recently published a warning letter that they jointly sent to more than 130 hospital systems and...more
North Carolina Power Outage Points to Homeland Security Long-Documented Threats to US Power Grid - “Moore County blackouts serve as reminder that nation’s electricity infrastructure could be vulnerable targets for domestic...more
The Digital Advertising Accountability Program, which enforces privacy principles for digital advertising, issued a compliance warning to advertisers regarding device fingerprinting. This warning is worth keeping in mind,...more
Your personal information is threatened by more pernicious tools and attacks each year. While this blog often describes poorly written privacy laws stifling business and dangerous bureaucratic overreach by privacy...more