Amid a Spate of Activity, COPPA Remains an FTC Enforcement Priority

By Bonnie Yeomans, Stephanie Kapinos & Kevin Milewski on May 20, 2019

Earlier this month, the FTC sent a letter to Wildec, LLC, the Ukraine-based maker of several mobile dating apps, alleging that the apps were collecting the personal information and location data of users under the age of 13 without first obtaining verifiable parental consent or otherwise complying with the Children’s Online Privacy Protection Act (COPPA). The letter pressed the operator to delete personal information on children (and thereafter comply with COPPA and obtain parental consent…

New Media and Technology Law Blog

Registrations, not Applications: Supreme Court Says Copyright Owners Must Wait to Sue

By Kevin Milewski on March 6, 2019

This Monday, the Supreme Court unanimously ruled in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 586 U.S. ____ (Mar. 4, 2019), that a copyright owner may commence an infringement suit only when the Copyright Office determines whether or not to register a copyright, as opposed to when the owner submits an application and fee for registration. The widely-followed case resolves a simple question, but has far-reaching practical implications for U.S. copyright litigation.…

Privacy Law Blog

Bills Introduced in California Legislature to Expand Scope of Breach Notification Law and Amend the CCPA

By Kristen J. Mathews, Stephanie Kapinos & Kevin Milewski on February 27, 2019

California already has some of the strongest data privacy laws in the United States, but within the past week state legislators, with the backing of the California Attorney General Xavier Becerra, have proposed two new bills that would strengthen California’s data privacy laws even more. One bill (SB 561) would amend key sections of the California Consumer Privacy Act (the “CCPA”), which we have previously blogged about when it was first enacted and…

New Media and Technology Law Blog

Fair Use in Flux: Second Circuit TVEyes Ruling May Have a Lasting Effect on Fair Use Analysis

By Kevin Milewski on January 28, 2019

Fair use can be one of the most difficult issues that copyright lawyers have to address due to decades of varying court rulings applying the multi-factor balancing test, particularly in the face of new technologies that use, modify, and aggregate data in ways not envisioned under the Copyright Act. The Second Circuit’s February 2018 fair use decision in the dispute between Fox News Network, LLC (“Fox”) and TVEyes, Inc. (“TVEyes”) added yet another wrinkle to…

Blockchain and the Law

First Punch: Floyd Mayweather and DJ Khaled Settle with SEC Over Unlawful Touting of ICOs

By Kevin Milewski on December 4, 2018

The SEC recently announced its settlement of charges against boxer Floyd Mayweather and producer DJ Khaled for their failure to disclose payments they received for promoting Initial Coin Offerings (ICOs) on their social media accounts. The federal securities laws contain an “anti-touting provision,” which regulates paid promotions of securities offerings. Specifically, Section 17(b) of the Securities Act of 1933 makes it unlawful for a person to “publish, give publicity to, or circulate any notice…or communication which, though…

New Media and Technology Law Blog

New York Attorney General Unveils Latest Ticket Bot Enforcement Actions against Ticket Vendors and Software Developer

By Kevin Milewski on June 28, 2017

With summer concerts and music festivals in full swing, many fans will be surprised to find $145 face value tickets reselling online for $3,000 to $11,000. On May 11, 2017, New York Attorney General Eric Schneiderman took the most recent step in dealing with this problem, and announced seven settlements in “ticket bot” enforcement actions, calling for settlement payments totaling $4.19 million. This development represents the latest step in Schneiderman’s longstanding and highly…

Kevin Milewski

Amid a Spate of Activity, COPPA Remains an FTC Enforcement Priority

Registrations, not Applications: Supreme Court Says Copyright Owners Must Wait to Sue

Bills Introduced in California Legislature to Expand Scope of Breach Notification Law and Amend the CCPA

Fair Use in Flux: Second Circuit TVEyes Ruling May Have a Lasting Effect on Fair Use Analysis

First Punch: Floyd Mayweather and DJ Khaled Settle with SEC Over Unlawful Touting of ICOs

New York Attorney General Unveils Latest Ticket Bot Enforcement Actions against Ticket Vendors and Software Developer

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