News & Analysis as of October 19, 2024

Privacy Laws

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The Children's Online Privacy Protection Act is a United States federal statute enacted in 1998 to protect children's privacy by regulating what personal information may be collected from children's online activity. The law applies to commercial websites and online services directed at children under thirteen years of age and regulates how personal information may be collected, stored or used. less -

CARU Settles With KidGeni AI Platform Over Alleged Privacy Violations

Sheppard Mullin Richter & Hampton LLP on 8/19/2024

The Children’s Advertising Review Unit recently settled with KidGeni – a generative art platform intended for children- for allegedly violating both CARU’s guidelines and COPPA. According to CARU, which is a self-regulatory...more

Deeper Dive: FTC in 2024 Continues Aggressive Privacy Path - But Don’t Forget About that Rulemaking

BakerHostetler on 8/2/2024

We have seen a dizzying amount of Federal Trade Commission (FTC or Agency) enforcement on the privacy front in 2024, with a heavy focus on the collection and sharing of health data, browsing and geolocation data, and...more

Empire State of Minding the Minors: New York Laws Aim To Ensure Children’s Privacy and Online Safety

Davis Wright Tremaine LLP on 6/27/2024

On June 7, 2024, the New York Legislature passed two bills to protect children online. The Stop Addictive Feeds Exploitation (SAFE) for Kids Act, S7694A, prohibits social media platforms from providing defined "addictive...more

Heightened Privacy Protections for Children in Virginia

Davis Wright Tremaine LLP on 6/3/2024

On May 17, 2024, Virginia Governor Glenn Youngkin signed SB 361/HB 707 amending the Virginia Consumer Data Protection Act ("VCDPA") to provide heightened protections to consumers under 18 years of age, not just those under...more

New Legislation Would Establish the First US National Comprehensive Privacy Law

K&L Gates LLP on 5/16/2024

On 7 April, US House Committee on Energy and Commerce (Energy and Commerce Committee) Chairwoman Cathy McMorris Rodgers (R-WA) and US Senate Committee on Commerce, Science, and Transportation (Commerce Committee) Chairwoman...more

Looking Down the Road: Data Privacy Priorities in 2024

Dorsey & Whitney LLP on 2/16/2024

2023 brought a surge of data privacy developments, with a large expansion of state comprehensive privacy laws, litigation of new claims based on older laws (e.g. wiretapping and VPPA cases), increased scrutiny on data...more

FTC Proposes Changes to COPPA Rule

Perkins Coie on 1/8/2024

The Federal Trade Commission (FTC) gave privacy lawyers a long-awaited Christmas gift on December 20, 2023: its notice of proposed rulemaking (NPRM) to amend the Children’s Online Privacy Protection Act (COPPA) Rule. The NPRM...more

Federal Legislation Seeks To Change Online Child Safety Reporting Obligations and Impose Content Safety Obligations

Perkins Coie on 10/26/2023

A significant number of federal legislative proposals that focus on online child safety have been introduced. If enacted, they would modify online providers’ obligations to remove and report child sexual exploitation (CSE)...more

Florida Digital Bill of Rights Signed Into Law

Davis Wright Tremaine LLP on 6/9/2023

The Florida Digital Bill of Rights (FDBR) was signed into law by Governor Ron DeSantis on June 6, 2023, making Florida the tenth state to enact a consumer data privacy law along with California, Virginia, Colorado,...more

FTC Takes Aggressive Swing at Tech Giant, Heightens Focus on Children’s Privacy, and Raises Additional Questions about FTC’s...

King & Spalding on 5/23/2023

On May 3, 2023, in an aggressive move that pushes the boundaries of its authority, the FTC proposed sweeping changes to Facebook parent Meta’s business practices after alleging that the company violated the commission’s 2012...more

FTC Seeks to Prohibit Meta's Monetization of Children's Data

Hinch Newman LLP on 5/5/2023

On May 3, 2023, the FTC announced that it is proposing a blanket prohibition preventing Facebook from monetizing youth data. The Commission alleges that the company violated the 2020 privacy order and now proposes new...more

Outside the Playground: California’s Child Privacy Act Sets Rules for Child’s Play

DarrowEverett LLP on 3/6/2023

In his State of the Union address on February 7, 2023, President Biden affirmed his position on consumer data privacy protections and specifically his focus on strengthening protections for children. With several state data...more

[Webcast Transcript] The State of US Privacy Law: What to Expect in 2023 and Beyond

HaystackID on 10/12/2022

Editor’s Note: On September 29, 2022, HaystackID shared an educational webcast on the topic of US privacy law. As privacy continues to move to the forefront of not only information consideration but of business concern for...more

Children’s App Settles with CARU Over COPPA and Guideline Violation Allegations

Sheppard Mullin Richter & Hampton LLP on 8/25/2022

Firefly Games agreed to take corrective action in response to the Children’s Advertising Review Unit’s allegations that the company had violated COPPA by inaccurately (and confusingly) explaining its privacy practices. The...more

U.S. Children’s Privacy Law Update

Husch Blackwell LLP on 5/25/2022

Keypoint: Last week, the FTC signaled an increased focus on COPPA enforcement, targeting education technology companies while California and federal lawmakers consider enacting new laws to regulate the processing of...more

2022 Legal Guide to Privacy and Data Security

Lathrop GPM on 1/19/2022

Facial recognition technology, drones the size of a butterfly, secure microchips replacing magnetic stripes on credit cards, sensors the size of a grain of sand swallowed by patients that transmit data directly to the...more

The ICO Age-Appropriate Design Code of Practice: Steps to Take in 2021 To Protect Children’s Privacy

Fenwick & West LLP on 2/5/2021

The United Kingdom’s Information Commissioner’s Office (ICO) finalized a new Code of Practice (the Code) in September 2020, which applies to most companies that offer online services to or otherwise collect personal data from...more

CCPA Enforcement — Ready, Set, Sue!

McCarter & English, LLP on 6/23/2020

At long last, after several drafts, the Office of the Attorney General of California submitted the final draft of its regulations regarding the California Consumer Privacy Act (“CCPA”) to the California Office of...more

Congressional Privacy Action – Part 2: The House

Mintz - Privacy & Cybersecurity Viewpoints on 1/30/2020

The House Bill. The House is taking a different approach to drafting a federal privacy bill. On December 18, Democratic and Republican staff for the House Energy & Commerce Committee released a bipartisan staff draft for...more

Interactive Counsel Newsletter: Privacy Report: FBI Issues Updated Ransomware Guidance

ArentFox Schiff on 11/21/2019

FBI Issues Updated Ransomware Guidance - A recent report from New Zealand-based cybersecurity firm Emsisoft has revealed the extent to which ransomware is being used in cyberattacks in the United States. The first 9 months...more

Up for Interpretation: Proposed CCPA AG Regulations Open for Public Comment

Orrick, Herrington & Sutcliffe LLP on 10/16/2019

On October 10, 2019, the California Attorney General added to the complexity of the California Consumer Privacy Act of 2018 (“CCPA”) by releasing long-awaited proposed regulations that provide guidance on various elements of...more

California AG Releases Proposed CCPA Regulations

Hogan Lovells on 10/14/2019

On October 10, California Attorney General Xavier Becerra (CA AG) released proposed regulations to implement certain provisions of the California Consumer Privacy Act (CCPA). The CA AG also released a Notice of Proposed...more

California AG Releases Proposed CCPA Implementing Regulations

Troutman Pepper on 10/14/2019

On October 10, the California Attorney General released highly anticipated proposed regulations implementing the California Consumer Privacy Act (CCPA). The CCPA, which takes effect on January 1, 2020, provides California...more

Countdown to CCPA #3: Updating your Privacy Policy

Pillsbury Winthrop Shaw Pittman LLP on 7/8/2019

To comply with CCPA, all businesses must update their privacy policies accordingly. New California rights and how to exercise them must be disclosed....more

Hello, Dolly: What You Need to Know About Connected Smart Toys and Privacy

Wilson Sonsini Goodrich & Rosati on 9/11/2017

As connected devices become ubiquitous, it comes as no surprise that interactive toys that connect to the internet are more popular than ever. At the same time, regulators have taken note of the privacy and security concerns...more

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