On November 4, 2022, a California district court took up the parties cross-motions for summary judgment in the long-running scraping litigation involving social media site LinkedIn Corp.’s (“LinkedIn”) challenge to data analytics firm hiQ Labs, Inc.’s (“hiQ”) scraping of LinkedIn
New Media and Technology Law Blog
The New Media and Technology Law Blog, published by Proskauer Rose LLP, focuses on legal issues at the intersection of technology, media, and emerging digital trends. It covers topics such as data licensing and restrictions, artificial intelligence and generative AI implications, privacy and cybersecurity regulations, online platform liability, electronic contracting and enforceability of website terms, and evolving state and federal data privacy laws. The blog also discusses recent court decisions affecting technology law, including interpretations of statutes like the Computer Fraud and Abuse Act and the Communications Decency Act. It serves as a resource for understanding how legal frameworks adapt to innovations in technology and digital media.
Latest from New Media and Technology Law Blog - Page 6
District Court Decision Brings New Life to CFAA to Combat Unwanted Scraping
On October 24, 2022, a Delaware district court held that certain claims under the Computer Fraud and Abuse Act (CFAA) relating to the controversial practice of web scraping were sufficient to survive the defendant’s motion to dismiss. (Ryanair DAC…
Amazon’s Recent Acquisitions Highlight the Value of Consumer Data (and the Evolving Privacy Issues)
Roughly two weeks apart, on July 21, 2022 and August 5, 2022, respectively, Amazon made headlines for agreeing to acquire One Medical, “a human-centered and technology-powered primary care organization,” for approximately $3.9 billion and iRobot, a global consumer…
Important CDA Section 230 Case Lands in Supreme Court: Level of Protection Afforded Modern Online Platforms at Stake
Since the passage of Section 230 of the Communication Decency Act (“CDA”), the majority of federal circuits have interpreted the CDA to establish broad federal immunity to causes of action that would treat service providers as publishers of content provided…
App Store Protected by CDA Immunity (and Limitation of Liability) for Losses from Fraudulent Crypto Wallet App
In a recent ruling, a California district court held that Apple, as operator of that App Store, was protected from liability for losses resulting from that type of fraudulent activity. (Diep v. Apple Inc., No. 21-10063 (N.D. Cal.…
FTC Sues Data Provider over the Collection and Sale of Geolocation Data
Businesses That Use Consumer Data or Data Products (Everyone?) Take Heed: FTC Moves Ahead with Rulemaking Process on “Commercial Surveillance” Practices
On August 11, 2022, the Federal Trade Commission (FTC) issued an Advance Notice of Proposed Rulemaking (ANPR) and announced it was exploring a rulemaking process to “crack down on harmful commercial surveillance” and lax data security. The agency defines commercial…
FTC Blog Post Highlights Regulatory Focus on Collection of Location and Health Data
On July 11, 2022, the Federal Trade Commission (FTC) published “Location, health, and other sensitive information: FTC committed to fully enforcing the law against illegal use and sharing of highly sensitive data,” on its Business Blog. The blog…
Unmasking Anonymous Copyright Infringers: Where the DMCA, First Amendment, and Fair Use Meet
Can internet service providers necessarily be compelled to unmask anonymous copyright infringers? In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the Northern District of California said, in this one particular instance,…
Senator Warren Introduces Bill to Ban the Sale of Location and Health Data
On June 15, 2022, Senator Elizabeth Warren introduced a bill, cosponsored by a host of other Democratic and independent Senators, the “Health and Location Data Protection Act of 2022,” which, subject to a few exceptions, would, among other…