Continuing its intense focus on internet platforms’ role in political debate and the liability protections they receive under the Communications Decency Act (CDA), 47 U.S.C. § 230, the Trump Administration this week submitted a legislative proposal that would substantially limit platforms’ Section 230 immunity. The Administration’s legislative proposal joins several other bills that take aim
Senate Commerce Committee Republicans Include 13(b) Fix in New Privacy Legislation
Late last week, Senate Commerce Committee Chairman Roger Wicker (R-MS), along with Senators John Thune (R-SD), Deb Fischer (R-NE), and Marsha Blackburn (R-TN), introduced S. 4626, the Setting an American Framework to Ensure Data Access, Transparency, and Accountability (SAFE DATA) Act. The comprehensive privacy bill was years in the making and follows a discussion draft
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Selling Online: How to Avoid Flattening the Curve of an Uptick in Website Traffic
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COVID-19 has increased the already dizzying amount of online sales, making the applicable marketing requirements increasingly important. These rules affect not just how companies advertise and promote products and services online, but also how they
Executive Order Strikes at Section 230, But Legal Impact Likely to be Limited
In previous posts, we’ve written about Section 230 of the Communications Decency Act. Like it or hate it, Section 230 has become integral to the internet, and it’s no exaggeration to say that social media probably couldn’t work without it.
As a refresher, Section 230 generally states that an online platform can’t be held
Democrats Release Their Own COVID-19 Privacy Legislation
Following the Republican-sponsored COVID-19 Consumer Data Protection Act of 2019, Democratic legislators recently introduced the Public Health Emergency Privacy Act. Senators Richard Blumenthal and Mark Warner of Connecticut and Virginia, respectively, and a group of Democratic Representatives, including Jan Schakowsky of Illinois and Anna Eshoo of California, introduced the measure.
While both measures
Senate Republicans Release COVID-19 Privacy Bill
In light of concerns associated with attempts to use personal data to track the spread of COVID-19, a group of Republican Senators, led by Mississippi Senator Roger Wicker, introduced the COVID-19 Consumer Data Protection Act of 2020 today.
The bill imposes specific requirements on entities seeking to process precise geolocation data, proximity data, persistent
Briefing with the State Enforcers: From the ABA Virtual Antitrust Spring Meeting
Bill MacLeod and other panelists representing antitrust and consumer protection bureaus from across the country discussed recent enforcement activities and the ongoing missions of state enforcement agencies during the American Bar Association’s Antitrust Section Virtual Spring Meeting.
Watch the replay here.
Ad Law Access Podcast: Automatic Renewal Plans
As we have discussed here on Ad Law Access, subscription plans that automatically renew at the end of a term have become more popular with companies and they’re also getting more scrutiny from regulators. On the latest episode of the Ad Law Access Podcast, partner Gonzalo Mon provides an update on some of
Manufacturing “Smart” Devices? NIST Security Has Recommendations
Regulatory interest in Internet of Things (“IoT”) devices is growing, partly in response to concerns about device security. In January, for example, California’s IoT Law (SB 327) went into effect. This law requires manufacturers of IoT devices to equip the devices with reasonable security features appropriate to the nature and function of the
The Boundaries of the FTC’s Section 13(b) Authority: 24 State AGs Weigh In
On January 30th, 24 State Attorneys General*, led by Kwame Raoul (D) of Illinois, submitted an amici curiae brief in support of the Federal Trade Commission’s position in FTC v. Credit Bureau Center LLC.
These State AGs are in agreement with the FTC, which has argued that the district court’s authority to