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…
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%…
It has not been the practice on this blog to endorse candidates or even political views, with a few exceptions as to attempts at internet regulation that may be misguided. We make an exception on this page (i) because it involves a State Senate district in the heart of Silicon Valley in the California State…
In 2018, the California Supreme Court’s Dynamex decision redefined the definition of employee v. independent contractor through an “ABC test” followed by many states, a year later California Governor Newsom signed AB 5 which codified the Dynamex decision with certain exceptions. Under AB 5, a worker is an employee and not an independent contractor unless the hiring entity demonstrates that all…
It has been said repeatedly that this may be the most important election the country has faced in modern times. I do not dispute that. This blog post, however, is to explain how important some of the down ballot races can be – in particular the races for Superior Court Judges. These races potentially may…
Internet Law Center founder Bennet Kelley joined Santa Clara University Law School Professor Eric Goldman and over 50 other privacy professionals to oppose Proposition 24, the 52-page Consumer Personal Information Law and Agency Initiative. We are privacy professionals or other privacy experts. Proposition 24, the California Privacy Rights Act (CPRA), will benefit us financially because…
Episodes 8 and 9 for Internet Traffic Kings have dropped. Episode 8 features Oliver Kenyon who built the world’s largest affiliate community online and now runs LandingPageGuys.com. He shares his Top 5 Tips for New Marketers and uncovers his coveted internal blueprint. The ultimate checklist of conversions principles! You do NOT want to miss this…
With the regulations for the California Consumer Privacy Act (CaCPA) still yet to be finalized, a new sweeping amendment is likely to be on the November ballot. Mactaggart Returns In 2017, San Francisco Bay area housing developer Alastair Mactaggart launched Californians for Consumer Privacy and qualified the CaCPA for the November 2018 ballot. As drafted,…
In 2018, the California Supreme Court’s Dynamex decision redefined the definition of employee v. independent contractor through an “ABC test” followed by many states. Last September, California Governor Newsom signed AB-5 which codified the Dynamex decision and went into effect on January 1, 2020. The titans of the “Gig Economy” have fought AB-5 throughout the process and have…
The California Consumer Privacy Act (CaCPA), which was signed by then-Governor Jerry Brown on September 23, 2018, contains three key dates relating to compliance and enforcement. The first is the effective date – January 1, 2020. CaCPA created a separate date for when enforcement could begin by the Attorney General which was “six months after…
While the California Consumer Privacy Act (CaCPA) took effect on January 1, 2020, the law prohibits Attorney General Becerra from bringing any enforcement action until the earlier of six months after publication of final regulations by the Attorney General or July 1, 2020. Since regulations have yet to be finalized, that means a July 1st…
Wednesday, December 11th at Noon Pacific Time Dial-in number 855-520-7605 / Passcode 1211276419# This fall I termed out as Chair of the Technology, Internet and Privacy (“TIP”) Working Group of the California Lawyer’s Association’s IP Section and as a member of the IP Section Executive Committee. I currently am co-chair of the CLA’s Business Law…
In 2019, the nation’s first registry of data brokers went online after Vermont’s data broker registry went into effect. In October, California followed suit when Governor Newsom signed AB 1202 – the Data Broker Registration Act. In enacting the bill, the legislature explained: Companies regularly and systematically collect, analyze, share, and sell the personal information…
In 2018, the California Supreme Court’s Dynamex decision redefined the definition of employee v. independent contractor through an “ABC test” followed by many states. On September 18th, California Governor Newsom signed AB 5 which codified the Dynamex decision with certain exceptions. Embracing the Dynamex ABC Test Under AB 5, a worker is an employee and…
Cyber Report 