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
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 7
Three Questions Brands Must Ask about Trademarks and the Metaverse
Web 3.0 and the promise of the metaverse has generated excitement about new markets for businesses large and small. But as with any technological frontier, legal uncertainties cause new risks to emerge alongside the opportunities. One area currently full of…
DOJ Revises Policy for CFAA Prosecution to Reflect Developments in Web Scraping and Other Matters
On May 19, 2022, the Department of Justice (DOJ) announced that it had revised its policy regarding prosecution under the federal anti-hacking statute, the Computer Fraud and Abuse Act (CFAA). Since the DOJ last made changes to its CFAA policy…
Taking Cue from the Supreme Court’s Van Buren Decision, Ninth Circuit Releases New Opinion Holding Scraping of Publicly Available Website Data Falls Outside of CFAA
On remand from the U.S. Supreme Court, the Ninth Circuit earlier this week again affirmed the lower court’s order preliminarily enjoining LinkedIn Corp. (“LinkedIn”) from blocking data analytics company hiQ Labs, Inc.’s (“hiQ”) access to publicly available LinkedIn member…
President Biden Signs Executive Order Detailing National Policy Objectives for Digital Assets
On March 9, 2022, the President issued an Executive Order (the “E.O.”) that articulates a high-level, wide-ranging national strategy for regulating and fostering innovation in the burgeoning digital assets space. The strategy is intended to encourage innovation yet still provide…
In the Coming ‘Metaverse’, There May Be Excitement but There Certainly Will Be Legal Issues
The concept of the “metaverse” has garnered much press coverage of late, addressing such topics as the new appetite for metaverse investment opportunities, a recent virtual land boom, or just the promise of it all, where “…
GPL Open Source Litigation Could Open the Door to Other Suits
In today’s digital age, the question isn’t whether there is open source software being used in a company’s products, but how it is being used and what license governs its use. Open source is ubiquitous. Despite its widespread use over…
English High Court Clarifies Appropriate Causes of Action in Data Claim Where Defendant Was a Victim of Third-Party Cyber-Attack
In the recent and significant Warren v DSG Retail Ltd [2021] EWHC 2168 (QB) decision the High Court in England clarified the limited circumstances in which claims for breach of confidence, misuse of private information and the tort of negligence might…
Southwest Airlines Wins Injunction Barring Travel Site from Scraping
UPDATE: On December 23, 2021, the parties reached a settlement, as Southwest filed an unopposed motion for entry of final judgment and a permanent injunction containing the same restrictions as the temporary injunction issued in September. Under the proposed permanent…
SEC Brings First Enforcement Action Against Alternative Data Provider
On September 14, 2021, the Securities and Exchange Commission (“SEC”) filed a settled securities fraud action against App Annie Inc., one of the largest sellers of market data on how apps on mobile devices are performing, and its co-founder and…