Legislative Developments

Democrats Release Their Own COVID-19 Privacy LegislationFollowing 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

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

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

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

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

The California Attorney General unveiled its data broker registry on Monday.  On or before January 31st, companies qualifying as a “data broker” based on the prior year’s activities are required to register their name and contact information with the Attorney General and may provide a statement concerning their data collection practices.  A

The year ended with a flurry of activity related to the FTC’s ability to obtain permanent injunctions and restitution under Section 13(b) of the FTC Act.  As we head into 2020, a level-set is in order.

To File or Not File is No Longer the Question

On December 19, 2019, the FTC filed a petition

In the 2010s, Kelley Drye’s Ad Law Access blog posted approximately 1500 entries. Below are the most popular by year. To give you a sense of beginning to end, the first post came one month after Apple announced the iPad and the last just days before the first all-female spacewalk by astronauts Christina Koch and