Supplementing SCCs to Solve Surveillance Shortfalls

Supplementing SCCs to Solve Surveillance Shortfalls

This article was originally published in the IAPP Daily Dashboard on August 19, 2020. By invalidating the EU-U.S. Privacy Shield but not rejecting wholesale the use of standard contractual clauses to transfer data to the U.S., the Court of Justice of the European Union in “Schrems II” left open the ... Read More
Three Republican Senators Proposed Anti-Encryption Bill Endorsed by DOJ

Three Republican Senators Proposed Anti-Encryption Bill Endorsed by DOJ

On June 23, 2020, Senators Lindsay Graham, Tom Cotton, and Marsha Blackburn introduced the Lawful Access to Encrypted Data Act, one of the most expansive anti-encryption bills in recent history. The Bill would amend federal surveillance laws to require large tech companies to decrypt data at rest or in motion ... Read More
First Circuit Carpenter

First Circuit Rejects Attempt to Extend Carpenter to Public Surveillance Cameras

In United States v. Moore-Bush, the First Circuit recently reversed a Massachusetts District Court decision finding that the Fourth Amendment prohibited sustained video surveillance conducted using a pole-mounted camera in a public space. The Court held that the district court misapplied the Supreme Court’s decision in Carpenter v. United States, ... Read More
DOJ Section 230

Section 230 Update: DOJ, Sen. Hawley Propose Limiting Online Platforms’ Protections

On June 17, 2020, in a 28-page report released on the topic of online platform liability, the U.S. Department of Justice proposed four material modifications of Section 230 of the CDA: Narrowing Section 230’s applicability where the platform is viewed as a bad actor Removing Section 230 protection against the ... Read More
Ninth Circuit Rules that Scraping a Public Website is Likely Not a CFAA Violation

Ninth Circuit Rules that Scraping a Public Website is Likely Not a CFAA Violation

In the highly-anticipated decision in the hiQ Labs v. LinkedIn case, the Ninth Circuit upheld the preliminary injunction against LinkedIn, prohibiting it from barring hiQ’s scraping of public profiles from its site. In so doing, the court held that the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (“CFAA”) ... Read More
ZwillGen’s FTC Team on the Meaning of the FTC Facebook Settlement

ZwillGen’s FTC Team on the Meaning of the FTC Facebook Settlement

Following a yearlong investigation triggered in part by the Cambridge Analytica incident, the Federal Trade Commission (FTC) has announced a much anticipated settlement with Facebook, Inc. The Commission determined that the company violated its existing 2012 FTC Order by “deceiving users about their ability to control the privacy of their ... Read More
Tricky Topics in CCPA Compliance

Tricky Topics in CCPA Compliance

At the time of the writing of this article, the final language of the California Consumer Privacy Act (“CCPA”) is yet to be determined. Nevertheless, given the effective date of the statute, as well as the requirement to provide California consumers with access to their personal information (“Personal Information” as ... Read More