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…

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…

Fed Court: Reasonable Suspicion Required for Search of Electronic Devices at Border

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…

Privacy Debate Shifts To Washington, As Senior Silicon Valley Congresswomen Introduce Online Privacy Act

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…

Maine Enacts ISP Privacy Legislation

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…

CLA/TIP Monthly Call: An Update on NIST Privacy and Cyber Security Frameworks

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…

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,…

Cal AG Offers Legislation Making CaCPA More Onerous and Expand Private Right of Action

Cal AG Offers Legislation Making CaCPA More Onerous On Monday, California Attorney General Xavier Becerra and Senator Hannah-Beth Jackson today unveiled  Senate Bill 561 to amend the California Consumer Privacy Act (CaCPA) passed last year in three critical respects as described in their joint press release: (1) Removes the Attorney General’s requirement to provide 30-day…

Groups Call for Civil Rights Considerations in Privacy Legislation

As Congress gets set to begin hearings on privacy legislation, a coalition of civil rights and civil liberties groups released a letter to House and Senate Committee leaders with jurisdiction over privacy legislation “to ensure that civil rights retain a fundamental place in the ongoing online privacy debate, hearings, and legislation in your committees.” “Civil…

CaCPA as Amended: A Dozen Things to Know

(1) The Law Was Passed in Seven Days In May 2017, AB 375 (California Consumer Privacy Act of 2018) (“CaCPA”) passed the Assembly only to be placed on inactive status in September 2017. In the interim, San Francisco Bay area housing developer Alastair Mactaggart launched Californians for Consumer Privacy and qualified the CaCPA for the November 2018 ballot. …