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…
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…
(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.…
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…
On this day in 1990, President George H.W. Bush signed the “Americans with Disabilities Act” (Public Law 101-336) and it is one of his enduring legacies. The bill had been introduced by Senator Tom Harkin who delivered his floor speech on the bill in sign language so that his deaf brother would understand. That year…
For those of you keeping score at home, it is Max Schrems 2, Facebook 0. On July 16, 2020, thirty-three-year-old Austrian lawyer and privacy advocate, Max Schrems beat Facebook in the European Court of Justice . . . again. In Schrems I in 2015, the ECJ invalidated the US-EU Safe Harbor framework, and last week…
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…
The number of electronic device searches at U.S. ports of entry has increased significantly. Last year, Customs and Border Control (CBP) conducted more than 33,000 searches, almost four times the number from just three years prior. In a recent case that gained national attention, an immigration officer at Boston Logan Airport reportedly searched an incoming Harvard freshman’s cell phone…
After California passed the landmark Consumer Privacy Act, tech executives began looking to Washington for a federal solution that might preempt the California law before it went into effect on January 1, 2020. Yet only recently have we seen any concerted push for action in Washington. In September, the Internet Association, the leading Washington lobby…
While there was great anticipation that a number of states would adopt privacy measures in 2019 following California’s passage of the Consumer Privacy Act, the only states to act were Maine and Nevada. Maine enacted privacy standards for internet service providers. Nevada amended privacy laws to allow consumers to restrict the sale of their information.…
In October 2016, the Federal Communications Commission in a 3-2 party-line vote adopted privacy rules for internet service providers. The rules imposed an opt-out standard, except for financial information, health information, precise geolocation information (as from your phone GPS), social security numbers, information relating to children, web browsing history, app usage history, and the content…
An Update on NIST Privacy and Cyber Security Frameworks with Naomi Lefkovitz Senior Privacy Policy Advisor, Program Manager, Privacy Engineering National Institute of Standards and Technology, U.S. Department of Commerce Wednesday, April 10th at Noon Pacific Time Dial-in number 855-520-7605 / Passcode 1211276419# #CLATIPCall Agenda Part 1: Introduction Welcome/Introductions New Chatroom Feature – introduce yourself, comment or ask…
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,…
Cyber Report 