New Media and Technology Law Blog

Latest from New Media and Technology Law Blog

January 17, 2020

In an interview with the editorial board of the New York Times, published today, former Vice President Joe Biden advocated for repeal of Section 230 of the Communications Decency Act (CDA). As readers of this blog may know, the CDA offers service providers protections that underpin the hosting of much of the user-generated content (both good and bad) on the web and social media. The CDA expressly treats online providers that host or “publish” third…

New Media and Technology Law Blog

In Outlining Its 2020 Examination Priorities, SEC Expresses Interest in Alternative Data and Cybersecurity Risks

By Jeffrey Neuburger

January 15, 2020

On January 7, 2019, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) announced its 2020 examination priorities. In doing so, OCIE identified certain areas of technology-related concern, and in particular, on the issue of alternative data and cybersecurity. [For a more detailed review of OCIE’s exam priorities, see the Client Alert posted on our firm’s website]. Alternative Data: For the first time, OCIE has publicly listed alternative data as an…

New Media and Technology Law Blog

White House Releases Proposed Guidance for the Regulation of AI

By Jeffrey Neuburger

January 8, 2020

On January 7, 2019, the federal Office of Management and Budget (OMB) released a draft of a memorandum setting forth guidance to assist federal agencies in developing regulatory and non-regulatory approaches regarding artificial intelligence (AI). This draft guidance will be available for public comment for sixty days, after which it will be finalized and issued to federal agencies. According to the draft, the guidance was developed with the intent to reduce barriers to innovation…

New Media and Technology Law Blog

Reflections on 2019 in Technology Law, and a Peek into 2020

By Jeffrey Neuburger

December 23, 2019

It is that time of year when we look back to see what tech-law issues took up most of our time this year and look ahead to see what the emerging issues are for 2020. Data: The Issues of the Year Data presented a wide variety of challenging legal issues in 2019. Data is solidly entrenched as a key asset in our economy, and as a result, the issues around it demanded a significant level…

New Media and Technology Law Blog

Online Willful Infringement Standard Clarified: Zazzle Jury Award Reinstated

By Jeffrey Neuburger

December 10, 2019

Recently, the Ninth Circuit reinstated a $460,000 jury verdict against print-on-demand site Zazzle, Inc. (“Zazzle”) for willful copyright infringement, putting a final stamp (perhaps) on a long-running dispute that explored important DMCA safe harbor issues for online print-on-demand services. (Greg Young Publishing, Inc. v. Zazzle, Inc., No. 18-55522 (9th Cir. Nov. 20, 2019) (unpublished). The appeals court found that Zazzle’s anti-infringement oversight mechanisms were insufficient during the period of infringement when a number…

New Media and Technology Law Blog

Retailer Reminder: FTC Releases Guidance for Social Media Influencers

By Jeffrey Neuburger

December 4, 2019

With the online shopping season in full swing, the FTC decided that online retailers might benefit from a reminder as to the dos and don’ts for social media influencers. Thus, the FTC released a new guide, “Disclosures 101 for Social Media Influencers,” that reiterates its position about the responsibility of “influencers” to disclose “material” connections with brands when endorsing products in online posts. Beyond this new guide, which is written in an easy-to-read…

New Media and Technology Law Blog

DOJ Seeking to End Movie Studio and Theater Antitrust Decrees amidst Streaming Competition

By Kevin Milewski

November 25, 2019

For the film and media distribution industries, this year has been action-packed. Production budgets are skyrocketing and new digital services have been announced or are launching with each passing month. The streaming wars are upon us. Moreover, the FCC recently voted to treat streaming services as “effective competition” to traditional cable providers (or MVPDs), thereby triggering basic cable rate de-regulation in parts of Hawaii and Massachusetts. The distribution landscape took yet another unexpected legal twist…

New Media and Technology Law Blog

Circuit Court Denies LinkedIn’s Petition for En Banc Review of hiQ Scraping Decision

By Jeffrey Neuburger

November 11, 2019

Last month, LinkedIn Corp. (“LinkedIn”) filed a petition for rehearing en banc of the Ninth Circuit’s blockbuster decision in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783 (9th Cir. Sept. 9, 2019). The crucial question before the original panel concerned the scope of Computer Fraud and Abuse Act (CFAA) liability to unwanted web scraping of publicly available social media profile data and whether once hiQ Labs, Inc. (“hiQ”), a data analytics firm, received LinkedIn’s cease-and-desist…

New Media and Technology Law Blog

Warrantless Retrieval of Electronic Automobile Data Held to Be Unreasonable Search – Ruling Points to Private Nature of Digital Data Collected in Today’s World

By Jeffrey Neuburger

October 21, 2019

The Georgia Supreme Court ruled that the retrieval of electronic automobile data from an electronic data recording device (e.g., airbag control modules) without a warrant at the scene of a fatal collision was a search and seizure that implicates the Fourth Amendment, regardless of any reasonable expectations of privacy. (Mobley v. State, No. S18G1546 (Ga. Oct. 21, 2019)). The Court went on to hold that such retrieval of data was an unreasonable search…

New Media and Technology Law Blog

LinkedIn Petitions Circuit Court for En Banc Review of hiQ Scraping Decision

By Jeffrey Neuburger

October 14, 2019

On October 11, 2019, LinkedIn Corp. (“LinkedIn”) filed a petition for rehearing en banc of the Ninth Circuit’s blockbuster decision in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783 (9th Cir. Sept. 9, 2019). The crucial question before the original panel concerned the scope of Computer Fraud and Abuse Act (CFAA) liability to unwanted web scraping of publicly available social media profile data and whether once hiQ Labs, Inc. (“hiQ”), a data analytics firm,…

New Media and Technology Law Blog

Blog Authors

Repeal of CDA Section 230?

In Outlining Its 2020 Examination Priorities, SEC Expresses Interest in Alternative Data and Cybersecurity Risks

White House Releases Proposed Guidance for the Regulation of AI

Reflections on 2019 in Technology Law, and a Peek into 2020

Online Willful Infringement Standard Clarified: Zazzle Jury Award Reinstated

Retailer Reminder: FTC Releases Guidance for Social Media Influencers

DOJ Seeking to End Movie Studio and Theater Antitrust Decrees amidst Streaming Competition

Circuit Court Denies LinkedIn’s Petition for En Banc Review of hiQ Scraping Decision

Warrantless Retrieval of Electronic Automobile Data Held to Be Unreasonable Search – Ruling Points to Private Nature of Digital Data Collected in Today’s World

LinkedIn Petitions Circuit Court for En Banc Review of hiQ Scraping Decision

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