The Current Status of Privacy Laws Across the United States -
Unlike the General Data Protection Regulation (GDPR) in the European Union (EU), the United States does not have a nationwide comprehensive data privacy law....more
1/17/2024
/ 3D Printing ,
Algorithms ,
Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
COPPA ,
Cybersecurity ,
Data Brokers ,
Data Protection ,
Data Security ,
Facial Recognition Technology ,
Hackers ,
Healthcare ,
Legislative Agendas ,
Medical Devices ,
New Legislation ,
New Regulations ,
New York ,
Online Safety for Children ,
Personal Data ,
Privacy Laws ,
Public Schools ,
Ransomware ,
Regulatory Agenda ,
State and Local Government ,
State Privacy Laws ,
Technology
In this final edition of the year, we cover the following issues of import for educational institutions:
- CFPB scrutiny of college-sponsored financial products;
- Changes ahead for Title IV program participants and...more
12/20/2023
/ Biometric Information ,
College Admissions ,
Colleges ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Education ,
Educational Institutions ,
Gender Equity ,
Internal Communications ,
Loan Forgiveness ,
Privacy Laws ,
Race Discrimination ,
Student Athletes ,
Student Loans ,
Students ,
Teachers ,
Third-Party Service Provider ,
Title IV ,
Title IX ,
Universities
The Accreditation Overhaul for North Carolina (and Florida) Colleges -
Last month, North Carolina Governor Roy Cooper signed House Bill 8 (HB 8) into law. In addition to establishing a new computer science requirement for...more
11/8/2023
/ Accreditation ,
American Civil Liberties Union (ACLU) ,
Artificial Intelligence ,
Colleges ,
Cybersecurity ,
Data Protection ,
Data Security ,
Department of Education ,
Disability ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Electronic Monitoring ,
Financial Aid ,
First Amendment ,
Florida ,
Free Speech ,
Harassment ,
Information Technology ,
Name and Likeness ,
New Legislation ,
North Carolina ,
Online Safety for Children ,
Protests ,
Regulatory Agenda ,
Regulatory Requirements ,
Remote Working ,
Risk Management ,
Student Athletes ,
Students ,
Surveillance ,
Teachers ,
Technology ,
Universities
U.S. Department of Education Takes Action Against Five Schools for Disbursing Federal Student Aid to Students Enrolled in Unaccredited Programs -
“The settlement agreements include the payment of liabilities for all five...more
10/2/2023
/ Colleges ,
Corporate Transparency Act ,
Cybersecurity ,
Data Security ,
Department of Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Enforcement Actions ,
Federal Student Aid ,
Legislative Agendas ,
Personal Data ,
Research Funding ,
School Districts ,
Students ,
Tax Exempt Entities ,
Universities
Are Automakers Making Sufficient Efforts to Protect Customer Data?
With the ever-expanding Internet of Things, data privacy is a growing concern in today’s digital age. The automotive industry is no exception. The National...more
9/27/2023
/ Artificial Intelligence ,
Automotive Industry ,
Censorship ,
Consumer Privacy Rights ,
CRISPR ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data-Sharing ,
DNA ,
Educational Institutions ,
Hackers ,
Information Technology ,
Internet of Things ,
Life Sciences ,
Machine Learning ,
NHTSA ,
Personal Data ,
Popular ,
Regulatory Freeze ,
Regulatory Oversight ,
Risk Management ,
Social Media ,
Technology Sector
AI-Created Art isn’t Copyrightable, Judge Says in Ruling that Could Give Hollywood Studios Pause -
“A federal judge upheld a finding from the U.S. Copyright Office that a piece of art created by AI is not open to...more
9/5/2023
/ Artificial Intelligence ,
Big Data ,
Biometric Information ,
Copyright ,
Data Breach ,
Healthcare ,
Intellectual Property Protection ,
Life Sciences ,
Machine Learning ,
Nanotechnology ,
NASA ,
Outer Space ,
Personal Data ,
Tesla
You may be Entitled to Financial Compensation…for Your Data -
“Without all of our writings and photos that AI companies are using to train their models, they would have nothing to sell.”
Why this is important: This...more
8/4/2023
/ Algorithms ,
Artificial Intelligence ,
Biotechnology ,
Bots ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Data Deletion ,
Data Privacy ,
Educational Institutions ,
FCC ,
Federal Trade Commission (FTC) ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Investment ,
Life Sciences ,
Online Platforms ,
PHI ,
Ransomware ,
Ripple ,
School Districts ,
Securities ,
Securities and Exchange Commission (SEC) ,
Technology Sector
Understanding the New Pregnant Workers Fairness Act and Full Scope of Pregnancy-Related Discrimination Laws for Schools -
On June 27, 2023, the Pregnant Workers Fairness Act went into effect. This new law requires covered...more
8/3/2023
/ Affirmative Action ,
Artificial Intelligence ,
Civil Rights Act ,
Colleges ,
Cyber Attacks ,
Cybersecurity ,
Department of Education ,
Duty to Accommodate ,
Educational Institutions ,
Employer Liability Issues ,
Hackers ,
Legislative Agendas ,
LGBTQ ,
Loan Forgiveness ,
New Legislation ,
Personal Information ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Regulatory Agenda ,
School Districts ,
Sports ,
Sports Injuries ,
Student Loans ,
Title IX ,
Undue Hardship ,
Universities
Supreme Court Blocks Use of Race in Harvard, UNC Admissions in Blow to Diversity Efforts -
"In one of its most closely watched cases this year, the court ruled along ideological lines that the way the schools approached race...more
7/5/2023
/ Affirmative Action ,
Alston v NCAA ,
Artificial Intelligence ,
Biden Administration ,
Borrowers ,
Bots ,
Civil Rights Act ,
College Admissions ,
College Athletes ,
Colleges ,
Compensation ,
COPPA ,
Department of Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
Facial Recognition Technology ,
FERPA ,
Florida ,
Fourteenth Amendment ,
IDEA ,
Mental Health ,
Multidistrict Litigation ,
Name and Likeness ,
NCAA ,
Privacy Laws ,
Race Discrimination ,
Repayment Options ,
SCOTUS ,
Social Media ,
SRO ,
Student Loans ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Technology ,
Title IX ,
Title VI ,
Title VII ,
Universities
Generative AI has Its Risks, but the Sky isn't Falling -
“The threat organizations face with GenAI is not new, but it could speed how quickly private data reaches a wider audience.”
Why this is important: Generative...more
7/3/2023
/ Artificial Intelligence ,
Authorship ,
Biometric Information Privacy Act ,
Bots ,
Consumer Privacy Rights ,
Copyright ,
Data Protection ,
Facial Recognition Technology ,
Intellectual Property Protection ,
Liability ,
Machine Learning ,
Music Industry ,
Policy Statement ,
Popular ,
Privacy Laws ,
School Districts ,
Technology Sector ,
The Copyright Act
Cyber Resilience Programs Falling Short on Preparing Workers for a Crisis-
“At two-thirds of organizations, there is a fear that almost all employees, 95%, will not understand how to recover following a cyberattack.”
...more
6/1/2023
/ Artificial Intelligence ,
Biotechnology ,
Bots ,
Colleges ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Educational Institutions ,
Employees ,
Enforcement Actions ,
Financial Services Industry ,
Healthcare ,
Investment ,
Popular ,
Ransomware ,
Research and Development ,
School Districts ,
Technology Sector ,
Telehealth ,
Universities
Summer is Coming: Are Youth Camps Part of Your Clery Compliance Program?
“Regarding compliance and safety, many institutions have youth protection policies that camps must follow.”
Why this is important: The Jeanne...more
5/24/2023
/ Artificial Intelligence ,
Colleges ,
Cybersecurity ,
Debt ,
Educational Institutions ,
Loan Forgiveness ,
New Legislation ,
Ransomware ,
School Districts ,
Sports ,
Student Loans ,
Students ,
Universities
ChatGPT’s Impact on Education and Student Data Privacy -
Data privacy professionals have characterized the data privacy risks associated with ChatGPT as a “nightmare.” In order to function, open artificial intelligence...more
5/1/2023
/ Alabama ,
Burden of Proof ,
Colleges ,
Commercial Litigation ,
Content Publishing ,
Defamation ,
First Amendment ,
Fox News ,
Free Speech ,
Human Trafficking ,
Libel ,
New Legislation ,
Permits ,
Political Speech ,
Public Forum ,
Public Use ,
Religious Accommodation ,
SCOTUS ,
Settlement ,
Students ,
Universities
Rodney Keister was challenging the University of Alabama’s grounds use policy, which requires individuals to obtain a permit before speaking publicly on campus. In his arguments, Keister asserted that the space he was using...more
5/1/2023
/ Alabama ,
Appeals ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Permits ,
Policies and Procedures ,
Public Forum ,
Public Use ,
SCOTUS ,
Universities
Tech Vendors and Cybersecurity – Are They Responsible?
It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you...more
4/25/2023
/ Algorithms ,
Archived Data ,
Artificial Intelligence ,
Burden of Proof ,
Commercial Litigation ,
Content Publishing ,
Contract Terms ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Retention ,
Data Security ,
Data Storage ,
Defamation ,
Educational Institutions ,
Electronic Communications ,
Electronically Stored Information ,
Fox News ,
Free Speech ,
Indemnification Clauses ,
Indemnity ,
Libel ,
Machine Learning ,
News Stories ,
Personal Information ,
Political Speech ,
Popular ,
Risk Management ,
Robots ,
School Districts ,
Settlement ,
Social Media ,
Software ,
Software Developers ,
Students ,
Technology Sector ,
Vendor Contacts ,
Vendors
Amazon Sued for Not Telling New York Store Customers about Tracking Biometrics -
“Thanks to a 2021 law, New York is the only major American city to require businesses to post signs letting customers know they’re tracking...more
4/3/2023
/ 3D Printing ,
Authorship ,
Biometric Information ,
Biometric Information Privacy Act ,
Biotechnology ,
Chief Information Security Officer (CISO) ,
Class Action ,
Cryptocurrency ,
Cyber Attacks ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Security ,
Disclosure Requirements ,
Divorce ,
DNA ,
Email ,
Employer Liability Issues ,
Facial Recognition Technology ,
Fingerprints ,
Human Embryos ,
Incident Response Plans ,
Life Sciences ,
Medical Devices ,
Non-Fungible Tokens (NFTs) ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Securities and Exchange Commission (SEC) ,
State and Local Government ,
Technology Sector
Department of Education’s New Guidance on Personal Liability Requirements Leaves Uncertainty for Institutions -
On March 1, 2023, the U.S. Department of Education (“DOE”) released guidance related to the instances in which...more
3/24/2023
/ Colleges ,
Department of Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Florida ,
Gun Laws ,
Gun Permits ,
Loan Forgiveness ,
New Guidance ,
New Legislation ,
Pennsylvania ,
Personal Liability ,
Proposed Legislation ,
State Legislatures ,
Student Loans ,
Title IV ,
Universities ,
Virginia
Nearly 106,000 Americans are currently on waiting lists for donor organs and 17 die each day while waiting. The holy grail for rising to meet this demand and end this suffering will be the ability to “print” the organs,...more
As consumer data collection continues to rise in the United States and around the world, aggregated health data is becoming a more common product bought and sold by data brokers. While worrying on its own, even more...more
While a recent Pennsylvania ruling issued In February 2023 has been hailed as a victory for the underfunded school districts in the state, it could be a long road ahead before meaningful change makes its way to the students,...more
Illinois Supreme Court Allows Massive Damages in Biometric Privacy Cases -
“The case involves Ohio-based fast-food company White Castle.”
Why this is important: Illinois has the strictest biometric privacy law in the...more
3/2/2023
/ Acquisitions ,
Biometric Information ,
Biometric Information Privacy Act ,
CEOs ,
Corporate Governance ,
Cryptocurrency ,
Data Collection ,
Data Privacy ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
IL Supreme Court ,
Mental Health ,
Popular ,
Privacy Laws ,
Risk Assessment ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
Technology Sector ,
TikTok ,
Universities
As a new wave of book banning appears to be to be sweeping the nation, public school libraries are relying on a 1982 plurality opinion for guidance and coming up with more questions than answers. Pico, in which the United...more
Win in Court doesn’t Assure More Pennsylvania School Funding -
“Pennsylvania is the latest state where the public school funding system was found to be unconstitutional, but the experience in other states suggests there’s...more
3/2/2023
/ Colleges ,
Cybersecurity ,
Department of Labor (DOL) ,
Disabilities ,
Educational Institutions ,
Exemptions ,
First Amendment ,
Funding ,
Lactation Accommodation ,
Libraries ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Public Schools ,
Religious Schools ,
School Districts ,
State and Local Government ,
State Funding ,
Students ,
Third-Party Service Provider ,
TikTok ,
Title IX
Welcome to our 7th and final edition of The Academic Advisor for 2022 - our e-newsletter focused on education law insights.
In this issue, we discuss the academic strike occurring at the University of California and how...more
1/4/2023
/ Biden Administration ,
Colleges ,
Cyber Attacks ,
Cybersecurity ,
Debt ,
Educational Institutions ,
LGBTQ ,
Loan Forgiveness ,
Policies and Procedures ,
Popular ,
Proposed Legislation ,
Sexual Assault ,
Sexual Harassment ,
Strike ,
Student Loans ,
Threat Management ,
Title IX ,
Unions ,
Universities
North Carolina Power Outage Points to Homeland Security Long-Documented Threats to US Power Grid -
“Moore County blackouts serve as reminder that nation’s electricity infrastructure could be vulnerable targets for domestic...more
12/16/2022
/ Advertising ,
Banking Sector ,
Chapter 11 ,
Class Action ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Cuba ,
Cybersecurity ,
Data Collection ,
Debt Collection ,
Department of Homeland Security (DHS) ,
Electricity ,
FDIC ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Infrastructure ,
Non-Bank Lenders ,
OCR ,
Phishing Scams ,
Power Grid ,
Privacy Laws ,
Ransomware ,
Regulatory Agenda ,
State and Local Government ,
Technology Sector ,
Terrorist Threats ,
Text Messages ,
Threat Management ,
Tracking Systems ,
Unsolicited Advertisements