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%…

Prop 22 Backgrounder

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…

ILC Joins Over 50 Privacy Professionals Opposing Flawed Prop 24 (Consumer Personal Information Law and Agency Initiative)

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…

Internet Traffic Kings Episode 9 with Neil Patel

Internet Traffic Kings #8-9 with Oliver Kenyon and Neil Patel

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…

California Privacy Rights Act

California’s Next Privacy Battle

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,…

Attorney General AB5 Lawsuit Summary

Cal. AG Files Enforcement Action Against Uber and Lyft under AB-5

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…

AG Becerra with Mask

AG Won’t Postpone CaCPA Enforcement Date Due to COVID-19, Unfinished Regs

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…

California Senate

CLA/TIP Monthly Call – Sacramento Update

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…

California Follows Vermont Lead in Establishing Data Broker Registry

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…

California Legislators

CLA Legislative Day: CaCPA Is a Top Issue for Sacramento Judiciary Committees

At the California Lawyers Association’s debut Legislative Day, members were able to meet with (i) Senator Hannah-Beth Jackson, Chair, Senate Judiciary Committee; (ii) Senator Andreas Borgeas, Vice-Chair, Senate Judiciary Committee; (iii) Assembly Member Mark Stone, Chair, Assembly Judiciary Committee; (iv) Assembly Member Ash Kalra, Member, Assembly Judiciary Committee; (v) Che Salinas, Chief Deputy Legislative Affairs Secretary for Operations,…