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…

ILC Quoted on Legal Questions Raised by AI-Generated Fake Porn

Last week, the firm was quoted in a Bustle story, entitled A Fake Porn App Lets People Put Celebrities’ Faces In Videos & Here’s Why It’s So Dangerous.  The article discussed the legal implications of a new phenomenon revealed in a recent Motherboard’s article of new applications using artificial intelligence for face-swapping celebrity faces onto porn performers’…

Got Privacy? Cali is Watching, Especially for Mobile Apps

Under the California Online Privacy Protection Act (Bus. & Prof. Code §§ 22575-22579), websites or online services collecting personally identifiable information from California consumers shall “conspicuously post its privacy policy”.  There are a number of requirements of such a policy, including that it addresses how its responds to Web browser “do not track” signals. While…

Lawsuit Claims Colts App Eavesdropped on Users

A class action lawsuit has been filed claiming that the Indianapolis Colts mobile app “systematically and surreptitiously intercepting consumers’ oral communications.”  “With the microphone activated, the app listens to and records all audio within range — including consumer conversations.” The app was designed by Yinzcam Inc. and has the functionality to direct fans in the stadium to…

FTC Nabs InMobi for Secret Geo Tracking

InMobi, the mobile ad platform that Fast Company recently ranked as 15th among The World’s Most Innovative Companies, has a new trophy – an FTC Consent decree and a $4 million civil penalty (all but $950,000 was suspended). According to the Federal Trade Commission complaint, even if a consumer had denied access to the location API on their…

FTC Going Strong at 100 with Major Internet Enforcement Actions

This week the Federal Trade Commission will have a banquet and symposium celebrating its 100th anniversary (with more than 20 past and current FTC officials).  The FTC Act, which gave the agency the power to regulate “unfair methods of competition in or affecting commerce and unfair or deceptive acts or practices in or affecting commerce,”…

CLBR Today – Robert Ellis Smith Addresses Mobile App Privacy

ROBERT ELLIS SMITH RETURNS TO CLBR TO DISCUSS PRIVACY AND MOBILE APPS With California Attorney General Kamala Harris’ enforcement action filed against Delta for its lack of privacy policy for its mobile app and the FTC indicating that it is investigating mobile compliance with children’s privacy protections, mobile privacy has become the hot domestic internet…

Privacy Enforcement: Cal AG Moves on Mobile Apps, MD Beefs Up Privacy Enforcement

California AG Makes Privacy Recommendation for Mobile Apps California Attorney General Kamala Harris released a report “Privacy on the Go: Recommendations for the Mobile Ecosystem,” urging mobile app developers to adopt fair privacy practices such as (i) avoiding collecting personally identifiable data not needed for app’s basic functionality, (ii) make the app’s privacy policy accessible…

Sacramento Watch: Social Snooping and Mobile Privacy

Governor Brown Signs Social Media Snooping Law California Governor Brown signed Assembly Bill 1844 (Campos) and Senate Bill 1349 (Yee) which prohibit prohibit universities and employers from requiring that applicants give up their email or social media account passwords. “The Golden State is pioneering the social media revolution and these laws will protect all Californians from…