Cal. Consumer Privacy Agency with Capitol in Background

New California Privacy Protection Agency releases draft regulations before June 8 meeting

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…

Draft Bi-Partisan Federal Privacy Bill Released

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…

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Ninth Circuit Again Holds Data Scraping From Public Websites Not Barred by CFAA

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…

Fashion Nova Pays $4.2M for Suppressing Negative Reviews

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…

California Extends Statute of Limitations for Revenge Porn

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%…

Apple, Google Give In To Putin, Remove Opposition Election App

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…

TX Governor Signs “All Hat, No Cattle” Social Media Law

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…

FTC Not Backing Down in Facebook Antitrust Lawsuit

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…

When the Hip Bone is Connected to Yelp: Health Care Providers and Addressing Online Reviews

(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.…

Former Congresswoman Katie Hill’s Revenge Porn Complaint Against Daily Mail, RedState.com Dismissed Under California Anti-SLAPP Law

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…

Bennet Kelley Featured in Middle Ground Segment on “Online Censorship”

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…