Presenting at IP and the Internet on the FTC and Online Reviews
Cyber Report
by Admin
6M ago
On Wednesday, July 27, I will be presenting at the California Lawyers Association IP Section’s conference on IP and the Internet, on the topic of the FTC and Online Reviews. Participation is virtual. 2022 IP AND THE INTERNET JULY 27 @ 9:00 AM – 5:00 PM Schedule Link Registration Link ..read more
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American Airlines Data Scraping Case Survives Motion to Dismiss
Cyber Report
by Admin
6M ago
In April, the 9th Circuit again affirmed that scraping data from a public website did not by itself constitute a violation of the Computer Fraud and Abuse Act (“CFAA”). HiQ Labs, Inc. v. LinkedIn Corporation, Case No. No. 17-16783 (9th Cir. April 18, 2022). See Ninth Circuit Again Holds Data Scraping From Public Websites Not Barred by CFAA. Consistent with this decision, in May the Justice Department announced that it will not bring “exceeds authorized access” cases based on the theory that a defendant’s authorization to access a particular file, database, folder, or user account was conditio ..read more
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Copyright Claims Board Begins Accepting Cases
Cyber Report
by Admin
6M ago
In December 2020, Congress passed the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act), which directed the Copyright Office to establish the Copyright Claims Board (CCB). As explained by the Copyright Office, the CCB is a three-member tribunal within the Office that provides an “efficient and user-friendly option to resolve certain copyright disputes that involve up to $30,000 (called “small claims”).” It started taking cases in June. Given that a defendant may opt-out, it is unclear what impact this new court will have. Key features of the CCB are: User-friendly ..read more
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New California Privacy Protection Agency releases draft regulations before June 8 meeting
Cyber Report
by Admin
8M ago
In November 2020, California voters passed Proposition 24, the California Privacy Rights Act (“Prop 24”). The CPRA amends and extends the California Consumer Privacy Act of 2018 (“CCPA”). To implement the law, the CPRA established the California Privacy Protection Agency (“Agency”) and vested it with the full administrative power, authority and jurisdiction to implement and enforce the California Consumer Privacy Act of 2018. The Agency’s responsibilities include updating existing regulations and adopting new regulations. On April 21, 2022, rulemaking authority under the CCPA transferred to th ..read more
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Draft Bi-Partisan Federal Privacy Bill Released
Cyber Report
by Admin
8M ago
House Energy & Commerce Committee Chairman Frank Pallone (D-NJ), along with Rep. Cathy McMorris Rodgers (R-WA) the ranking Republican on the Committee, and Senator Roger Wicker (R-MS) who is the ranking Republican on the Senate Commerce Committee, released a discussion draft of the American Data Privacy and Protection Act which is a comprehensive national data privacy and data security legislative framework. The draft legislation is the first comprehensive privacy proposal to gain bipartisan, bicameral support. The summary and section by section analysis are below and the draft bill is ava ..read more
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FTC To Revisit Dot Com Disclosures
Cyber Report
by Admin
8M ago
The Federal Trade Commission’s Dot Com Disclosure guidelines, first issued in 2000 and updated in March 2013, have explained how to make consumer disclaimers on various digital platforms. The FTC has just announced that it is seeking to modernize the guidelines and its press release says it all – FTC Looks to Modernize Its Guidance on Preventing Digital Deception: As Companies Wrongly Invoke the Guide to Justify Deception, Agency Seeks Public Input on Possible Revisions Around Dark Patterns and Other Deceptive Tactics. “We know that some companies are wrongly citing our current guides to just ..read more
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Ninth Circuit Again Holds Data Scraping From Public Websites Not Barred by CFAA
Cyber Report
by Admin
10M ago
In 2017, the federal district court for the Northern District of California enjoined LinkedIn from blocking workplace analytics company hiQ from its site, finding that data scraping from public-facing websites did not violate the Computer Fraud and Abuse Act (“CFAA”). LinkedIn appealed and in 2020 the Ninth Circuit affirmed: [The CFAA’s] prohibition on accessing a computer “without authorization” is violated when a person circumvents a computer’s generally applicable rules regarding access permissions, such as username and password requirements, to gain access to a compute ..read more
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FTC Files Action Over TurboTax “Free” Claims
Cyber Report
by Admin
10M ago
When the Federal Trade Commission (FTC) actually has guidelines concerning the use of a particular word, that would suggest caution in using that word. In this case, the word is “Free” and the FTC has guidelines concerning its usage which boils down to one sentence – “free” should mean “free”. Anyone watching this year’s exciting NCAA basketball tournament likely saw one of the many TurboTax ads that claimed that “TurboTax Free is free. Free, free free free.” TurboTax Ads Cited by FTC The disclaimer, however, explained that it really was not free: This year, consumers whose adjusted gross inc ..read more
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Fashion Nova Pays $4.2M for Suppressing Negative Reviews
Cyber Report
by Admin
10M ago
Fashion Nova, an online fashion retailer, agreed to pay $4.2 million as part of a consent decree with the Federal Trade Commission (“FTC”) in which it will be prohibited from suppressing customer reviews of its products. The FTC alleged in a complaint that Fashion Nova misrepresented that the product reviews on its website reflected the views of all purchasers who submitted reviews, when in fact it suppressed reviews with ratings lower than four stars out of five. This is the FTC’s first case involving a company’s efforts to conceal negative customer reviews. Samuel Levine, Director ..read more
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California Extends Statute of Limitations for Revenge Porn
Cyber Report
by Admin
10M ago
In 2013, California became one of the first states to outlaw revenge porn (also known as cyber exploitation or digital rape) in enacting Penal Code § 647(j)(4). Shortly thereafter, the Cyber Civil Rights Initiative published a study finding that: (i) 93% of victims suffered significant emotional distress as a result of their victimization; (ii) 82% said they suffered significant impairment in social, occupational, or other important areas of functioning due to being a victim; (iii) 51% had suicidal thoughts; and (iv) 49% stated they had been stalked or harassed online by users who saw their ma ..read more
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