The Ninth Circuit Court of Appeals has joined the Third and Eleventh Circuits in ruling that any disclosure of an individual’s online viewing history along with their personally identifiable information confers standing to bring a suit for violation of the
Data Law Insights
Legal insights on navigating privacy, data protection, cybersecurity, information governance, and e-discovery
Data Law Insights, published by Crowell & Moring LLP, focuses on legal issues surrounding data privacy, cybersecurity, and technology law. The blog covers topics such as compliance with privacy statutes like the California Invasion of Privacy Act (CIPA), interpretation of privacy laws in the context of new technologies, and liability risks for companies operating websites and digital services. It also addresses regulatory developments including the EU's NIS2 Directive on cybersecurity obligations for essential and important entities, and the implications for businesses operating across jurisdictions. The blog provides analysis on managing legal risks related to data collection, consent, and information security in evolving technological landscapes.
Latest from Data Law Insights - Page 13
Can You Copyright Infringe Anonymously? Revisited.
On November 28, 2017, the Sixth Circuit, in a 2:1 decision, ruled on the anonymous copyright infringement case we discussed back in April. The central issue in the case involved whether an adjudicated copyright infringer can remain anonymous. A…
Law Firm Data Security Seminar
Please join us for a seminar on December 5 in Washington, D.C. or December 6 in New York City on “Law Firm Data Security”. Our very own Partner Evan Wolff will be presenting alongside RSA’s Doug Howard and Niloofar Howe.…
Report on the Autonomous Vehicle Safety Regulation World Congress 2017
The big takeaways from The Autonomous Vehicle Safety Regulation World Congress centered on the importance of a federal scheme for AV regulation and the reality of the states’ interest in traditional issues such as traffic enforcement, product liability, and insurance…
Join Us for a Webinar – Tuesday, October 10, 2017 12:00 – 1:00 PM ET
It’s been said that “A lie gets halfway around the world before the truth can even pull its boots on.” In today’s world of online commentary and social media, this is truer than ever.
In the cyber-world, you or your…
DOJ Asks Supreme Court to Resolve Split over Its Ability to Compel Foreign Records
U.S.-based technology companies and courts across the country have disagreed over the extraterritorial application of the Stored Communications Act in allowing U.S. law enforcement to enforce warrants to reach data stored overseas. Some courts have treated the data stored overseas…
D.C. Circuit: Alleged theft of healthcare subscriber information satisfies Article III harm standard under Spokeo
The U.S. Court of Appeals for the D.C. Circuit has now weighed in on whether plaintiffs can bring a putative class action arising from an alleged data breach in lieu of allegations of actual misuse of compromised data. Emphasizing the…
New Jersey Restricts Retailers’ Collection and Use of Customer Information
On July 21, 2017, Governor Chris Christie signed the Personal Information Privacy and Protection Act (S-1913) (the “Act”) into law, further enhancing the protections afforded to consumers who make retail credit card purchases in New Jersey. As technology…
FBI and FTC on Privacy Risks Stemming from “Smart” Toys
Earlier this month, the Federal Bureau of Investigation (FBI) issued a public comment about privacy, cybersecurity, and safety risks associated with internet-connected toys. The FBI’s comment builds on the Federal Trade Commission’s recent amendment to the Children’s Online Privacy Protection…
Recent IoT Device Cases
“There are many ways to surveil each other now, unfortunately,” including “microwaves that turn into cameras, et cetera. So we know that that is just a fact of modern life.” Kellyanne Conway, March 12, 2017 Interview with New Jersey’s The…