The Vita cases The Massachusetts Supreme Judicial Court (SJC) recently addressed whether the term “communications” in Massachusetts’ 1968 Wiretap Act (MWA) includes when a patient interacts with a hospital’s website and determined that such interactions did not qualify for protection
Cybersecurity Bits and Bytes
Cybersecurity Bits and Bytes, published by Thompson Coburn, focuses on legal developments and issues related to cybersecurity and data privacy. The blog covers topics such as wiretapping litigation involving modern tracking technologies, regulatory updates on consumer privacy laws, and the intersection of technology and legal compliance. It also addresses emerging challenges in areas like biometric privacy, artificial intelligence regulation, and federal versus state authority in privacy enforcement. The content is aimed at legal professionals and businesses navigating the evolving landscape of cybersecurity law and policy.
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Supreme Court Will Again Consider Agency Authority in a TCPA Case
On October 8, 2024, the Supreme Court granted certiorari inMcLaughlin Chiropractic Associates, Inc. v. McKesson Corporation and McKesson Technologies, Inc., (No. 23-1226) to address whether the Hobbs Act requires district courts to follow the FCC’s interpretation that the…
California's Journey to Regulate Technology: September 2024 Legislative Update
Veto for the California Consumer Privacy Act of 2018: opt-out preference signalOn September 20, 2024, California Governor Gavin Newsom vetoed a proposed law (Assembly Bill 3048) that would have strengthened protections under the California Consumer Privacy Act (CCPA) by requiring…
Fifteen Attorneys General Ask Congress Not to Replace State Privacy Laws With Federal Law
In a May 8, 2024, letter signed by the attorneys general of 14 other states, California Attorney General Rob Bonta urged Congress not to pass a version of the American Privacy Rights Act (APRA) that would preempt state consumer privacy…
BIPA Update: Illinois Is One Step Closer to Amending How Damages Accrue under BIPA!
The Illinois Senate recently passed legislation by a 46-13 vote that would significantly amend the Illinois Biometric Information Privacy Act (“BIPA”).[1] Senate Bill 2979 (“SB2979’),
which Senate President Pro Tempore William Cunningham introduced, includes a significant benefit to corporations,…
BIPA Update: Another Amendment Attempt for Illinois Privacy Law
In the Illinois Senate, a recently proposed Biometric Information Privacy Act (BIPA) amendment seeks to change how BIPA claims accrue, limiting the amount of damages available in instances where there are multiple violations.The Cothron decision, which held that BIPA claims…
California AG Announces Second Settlement Under the California Consumer Privacy Act
California Attorney General Rob Bonta announced a settlement between the State of California and DoorDash on February 21, 2024, regarding allegations that DoorDash violated the California Consumer Privacy Act (CCPA) and the California Online Privacy Protection Act (CalOPPA) by selling…
California Chamber Seeks State Supreme Court Review of Privacy Act Enforcement
The California Chamber of Commerce filed a petition to the California Supreme Court on February 20, 2024, seeking review of a February 9, 2024 appellate decision that paved the way for the state’s privacy enforcement agency, the California Privacy Protection
…
NY Department of Financial Services Updates Regulations on Cybersecurity
The New York Department of Financial Services (NYDFS) finalized amendments to its cybersecurity regulations on November 1, 2023, marking a significant update in the state’s approach to cyber threats. The process involved multiple stages, starting with a pre-proposal in July…
FTC Issues Final Rule on New Breach Notice Requirement for Non-Bank Financial Institutions
On October 27, 2023, the Federal Trade Commission (FTC) announced a significant amendment to the agency’s Safeguards Rule under the Gramm-Leach-Bliley Act (GLBA). This amendment, reflecting an increasingly strident stance by the FTC on cybersecurity topics, mandates that non-banking financial…