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November 2022 AFS Privacy Report: FTC Is Tracking Twitter Developments With “Deep Concern”

FTC Is Tracking Twitter Developments With “Deep Concern” - Elon Musk’s recent purchase of Twitter has led to numerous resignations in the security department. Most recently, Twitter’s chief information security officer,...more

Privacy Report- California Exemptions for B2B and Employee Data Set To Expire

California Exemptions for B2B and Employee Data Set To Expire - With August 31 marking the last day of the legislative session, the California legislature’s failure to extend business-to-business and employee data exemptions...more

Timing Is Everything: Ninth Circuit Addresses Chatbot Consent Requirements

According to a recent unpublished Ninth Circuit ruling, failure to obtain consent prior to using recording technologies is not sufficient for purposes of the California Invasion of Privacy Act (CIPA). This ruling is notable...more

Privacy Report: FTC Publishes Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security

FTC Publishes Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security - Concerned that companies use secret surveillance practices to collect “vast troves” of consumer information, the Federal...more

Are You Ready for 2023? New Privacy Laws To Take Effect Next Year

Five new state omnibus privacy laws have been passed and will go into effect in 2023. Organizations should review their privacy practices and prepare for compliance with these new privacy laws....more

Life After Dobbs: FTC Now Plans to “Vigorously Enforce the Law” Against Illegal Use and Sharing of Highly Sensitive Data

The Federal Trade Commission (FTC) recently announced plans to crack down on the illegal use and sharing of sensitive data in response to the recent Supreme Court decision in Dobbs v. Jackson Women’s Health Organization...more

FTC Takes First Actions Under New Made in USA Labeling Rule, Fining Battery Companies for Violations

The Federal Trade Commission (FTC) recently cracked down on Lithionics Battery, LLC, and Lions Not Sheep Products, LLC, for violating the FTC’s Made in USA Labeling Rule. These are some of the first enforcement actions after...more

Privacy Report

CPPA Amends Draft CPRA Regulations & Announces Public Comment Dates - The California Privacy Protection Agency (CPPA) has announced amendments to the California Privacy Rights Act proposed regulations, which primarily...more

FTC Issues $150 Million Fine For Targeting Ads Based on Users’ Account Security Information

The Federal Trade Commission (FTC) and Department of Justice (DOJ) recently ordered Twitter to pay $150 million for violating a 2011 FTC order that prohibited the company from misrepresenting its privacy and data security...more

FTC Issues Policy Statement Emphasizing to the Ed Tech Industry That Children Shouldn’t Have To Surrender Their Privacy Rights To...

As technology becomes increasingly a part of student learning, education technology (ed tech) companies, parents, and educators should stay abreast of children’s privacy rights under the Children’s Online Privacy Protection...more

Virginia Finalizes CDPA Text With the Addition of Three Amendment Bills

Connecticut Passes the Fifth US State Consumer Privacy Law - The Connecticut governor has formally signed and passed An Act Concerning Personal Data Privacy and Online Monitoring (CPDA), making this law the fifth US state...more

DOJ (Finally) Releases Website ADA Accessibility Guidance – But Still No Clear Rules

Over half a decade after the industry developed its own standards in light of a lack of meaningful guidance from regulators, the Department of Justice recently issued a guidance document on compliance with the Americans with...more

Privacy Shield 2.0 On The Horizon

The European Union (EU) and the United States (US) government have now reached an agreement in principle for a “Privacy Shield 2.0” to replace the original Privacy Shield Framework that was invalidated under the Schrems II...more

Artificial Intelligence: NIST Risk Management Framework and Guidance Addressing Bias in AI

As more and more companies are developing and/or utilizing artificial intelligence (AI), it is important to consider risk management and best practices to address issues like bias in AI. The National Institute of Standards...more

FTC Fines Fashion Company $4.2 Million for Blocking Negative Customer Reviews

In a first-of-its-kind case, the Federal Trade Commission required Fashion Nova to pay $4.2 Million for blocking negative customer reviews in violation of the FTC Act. Shortly after, the agency released new guidance for...more

New York State Fashion Act Would Put Fashion Industry Under the Spotlight

The New York State Fashion Sustainability and Social Accountability Act (S7428/ A8352) (Fashion Act) would require fashion retailers and manufacturers doing business in New York State to comply with stringent supply chain...more

Golden State Killer, Genetic Data, and Now GIPA: California's Genetic Information Privacy Act Takes Effect 

Effective January 1, 2022, California Senate Bill 41, the Genetic Information Privacy Act (GIPA), imposes requirements on the collection, use, and disclosure of genetic data collected or derived from direct-to-consumer...more

Updated DMCA Exemptions Are a Win for the Automotive Industry. Could Higher Education Be Next?

The Digital Millennium Copyright Act (the DMCA) governs the protection of copyrighted material in the digital environment. Among other things, the DMCA criminalizes circumvention of digital rights management tools that...more

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