One month after the February 22, 2024, announcement of enforcement actions against data brokers X-Mode and InMarket Media, the Federal Trade Commission (FTC) announced a complaint and proposed consent order requiring software security company Avast Limited and two subsidiaries,
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Kids Online Safety Act Gains Momentum in the Senate
Last month, Senators Richard Blumenthal (D-Conn.) and Marsha Blackburn (R-Tenn.) reintroduced the Kids Online Safety Act (KOSA), initially introduced last term, noting that the bill now has 62 cosponsors, bipartisan support, and is poised to pass in the Senate.
KOSA…
The Next Wave of Privacy Litigation: The Illinois Genetic Information Privacy Act
Enacted in 1998, Illinois’ Genetic Information Privacy Act (GIPA) governs the confidentiality and use of genetic testing and genetic information by employers and insurers. The statute was designed to prevent employers and insurers from using genetic testing and information as a means…
FTC Proposes Rule Addressing Use of AI To Impersonate Individuals
The Federal Trade Commission issued a supplemental notice of proposed rulemaking on February 15, 2024, in which it recommended a trade regulation rule that would (1) impose liability on businesses who provide goods or services (including artificial intelligence technology) with…
CCPA Enforcement Surprise: Regulations Effective Immediately
On Friday, February 9, as the country collectively packed up and prepared to head home for Super Bowl weekend, the Third Appellate District of the California Appellate Court issued an Order granting the California Privacy Protection Agency the ability to…
FCC Declares AI-Generated Robocalls Unlawful
Artificial Intelligence-generated robocalls may trick some consumers into thinking they are being called by a human being, but the Federal Communications Commission clarified in a recent AI Declaratory Ruling that it will not be fooled. Moving forward, all AI-generated robocalls will be…
Two New States Enter the Privacy Fray
Building off of the momentum from last year’s torrent of new comprehensive state privacy laws, 2024 has begun with a bang as two more states have now entered the picture. On January 16, 2024, New Jersey became the latest state…
FTC Brings First Standalone Section 5 Unfairness Claims for Unreasonable Data Retention and Inaccurate Breach Notice
On February 1, 2024, the Federal Trade Commission announced a complaint and proposed consent order against Blackbaud, Inc. concerning a 2020 data security incident that included a ransomware demand and payment. According to the FTC’s complaint, Blackbaud’s allegedly unfair and…
Online Safety Risk Assessments Have Arrived: Five Steps for Building a Globally Adaptable Process
Safety risk assessments are becoming a preferred regulatory tool around the world. Online safety laws in Australia, Ireland, the United Kingdom, and the United States will require a range of providers to evaluate the safety and user-generated content risks associated…
California Announces Sweep on Streaming Services and More Enforcement To Come
California Attorney General Rob Bonta announced an investigatory sweep into popular streaming apps and devices, timed to coincide with Data Privacy Day on January 28. The California Attorney General’s Office explained that it is sending letters to such streaming services…