In April, the 9th Circuit again affirmed that scraping data from a public website did not by itself constitute a violation of the Computer Fraud and Abuse Act (“CFAA”). HiQ Labs, Inc. v. LinkedIn Corporation, Case No. No. 17-16783 (9th Cir. April 18, 2022). See Ninth Circuit Again Holds Data Scraping From Public Websites Not…
In November 2020, California voters passed Proposition 24, the California Privacy Rights Act (“Prop 24”). The CPRA amends and extends the California Consumer Privacy Act of 2018 (“CCPA”). To implement the law, the CPRA established the California Privacy Protection Agency (“Agency”) and vested it with the full administrative power, authority and jurisdiction to implement and…
Cal Consumer Privacy Act / Data Brokers / FTC / Legislation Watch / Online Privacy / Pending Legislation / Privacy
House Energy & Commerce Committee Chairman Frank Pallone (D-NJ), along with Rep. Cathy McMorris Rodgers (R-WA) the ranking Republican on the Committee, and Senator Roger Wicker (R-MS) who is the ranking Republican on the Senate Commerce Committee, released a discussion draft of the American Data Privacy and Protection Act which is a comprehensive national data…
The Federal Trade Commission’s Dot Com Disclosure guidelines, first issued in 2000 and updated in March 2013, have explained how to make consumer disclaimers on various digital platforms. The FTC has just announced that it is seeking to modernize the guidelines and its press release says it all – FTC Looks to Modernize Its Guidance…
In 2017, the federal district court for the Northern District of California enjoined LinkedIn from blocking workplace analytics company hiQ from its site, finding that data scraping from public-facing websites did not violate the Computer Fraud and Abuse Act (“CFAA”). LinkedIn appealed and in 2020 the Ninth Circuit affirmed: [The CFAA’s] prohibition on accessing a…
On Wednesday, July 27, I will be presenting at the California Lawyers Association IP Section’s conference on IP and the Internet, on the topic of the FTC and Online Reviews. Participation is virtual. 2022 IP AND THE INTERNET JULY 27 @ 9:00 AM – 5:00 PM Schedule Link Registration Link See also:
In December 2020, Congress passed the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act), which directed the Copyright Office to establish the Copyright Claims Board (CCB). As explained by the Copyright Office, the CCB is a three-member tribunal within the Office that provides an “efficient and user-friendly option to resolve certain copyright disputes that…
Last year there were a number of reports of how women, women politicians, and women journalists were disproportionately targeted for abuse on online platforms such as Twitter, Facebook, and Instagram. See LA Times, The Hill Highlight Online Abuse of Women Politicians and Journalists. One of those reports was a Wilson Center report entitled Malign Creativity:…
When the Federal Trade Commission (FTC) actually has guidelines concerning the use of a particular word, that would suggest caution in using that word. In this case, the word is “Free” and the FTC has guidelines concerning its usage which boils down to one sentence – “free” should mean “free”. Anyone watching this year’s exciting…
Fashion Nova, an online fashion retailer, agreed to pay $4.2 million as part of a consent decree with the Federal Trade Commission (“FTC”) in which it will be prohibited from suppressing customer reviews of its products. The FTC alleged in a complaint that Fashion Nova misrepresented that the product reviews on its website reflected the views of…
In 2013, California became one of the first states to outlaw revenge porn (also known as cyber exploitation or digital rape) in enacting Penal Code § 647(j)(4). Shortly thereafter, the Cyber Civil Rights Initiative published a study finding that: (i) 93% of victims suffered significant emotional distress as a result of their victimization; (ii) 82%…
In August 2020, Alexei Navalny, the jailed Russian opposition leader and anti-corruption activist whom the Wall Street Journal calls “the man Vladimir Putin fears most”, was medically evacuated to Berlin after being poisoned by a nerve agent that was linked to Russia’s Federal Security Service. He returned to Russia in January 2021 and was arrested…
Claiming there is “a dangerous movement by social media companies to silence conservative viewpoints and ideas,” Texas Governor Jim Abbott (R) signed H.B. 20 (An Act relating to censorship of or certain other interference with digital expression, including expression on social media platforms or through electronic mail messages). The Act is strictly an act of…
In December 2020, the Trump Federal Trade Commission filed an antitrust complaint (Case No. 1:20-cv-03590, D.D.C.) against Facebook which came [f]ollowing a lengthy investigation in cooperation with a coalition of attorneys general of 46 states, the District of Columbia, and Guam, the complaint alleges that Facebook has engaged in a systematic strategy—including its 2012 acquisition…
(Republished on ReviewInc blog) Health care providers, like any other business, must navigate the challenges presented by their online reputation in the form of healthcare reviews. Reviews on sites like HealthGrades, RateMDs, Vitals, and Yelp can have a big impact on a provider’s bottom line, especially for smaller providers, as ninety percent (90%) of consumers use online reviews to evaluate providers.…
On May 24, 2021, Florida Governor Ron DeSantis signed Senate Bill 7072 (An act relating to social media platforms) under which (as described by Gov. DeSantis): Floridians treated unfairly by Big Tech platforms will have the right to sue companies that violate this law — and win monetary damages. This reform safeguards the rights of every…
In November 2018, Democrat Katie Hill won a Congressional seat representing a northern Los Angeles exurb that had been held by Republicans since 1993. Once in Washington, she was a rising star in the party and one of two freshman Representatives chosen for the Democratic Caucus. On October 18, 2019, RedState, a conservative political blog…
I recently participated in Jubilee Media’s Middle Ground segment entitled “Who is Censored More? Liberals vs Conservatives.” It was a fun experience and the debate was interesting, as we talked about content moderation, combating abuse, hate and disinformation online over 90-minutes. The thirty-minute segment was posted on Sunday and, unfortunately, much of what I had…
The Los Angeles Times put together an interesting profile on how women politicians, such as Vice President Kamala Harris and others are targets for online abuse. A Wilson Center study, Malign Creativity: How Gender, Sex, and Lies are Weaponized Against Women Online, found that Harris was the overwhelming target for much of this abuse and…
Today the Santa Ana Police Department had the following announcement on the arrest of serial revenge porn suspect Dillon Nguyen (23) of Westminster who distributed “intimate images and videos involving his ex-girlfriends online after they broke-up”. The Internet Law Center represents one of Nguyen’s victims and applauds the Santa Ana Police Department (SAPD) and the…
Cyber Report 