Legal Alert | Wiretap Laws in the United States
Keypoint: In this post: (1) California considers a “commercial exception” to wiretapping and pen registry laws; (2) a rise in federal wiretapping claims against websites; (3) more courts impose “knowledge or intent”...more
Over the last several years, litigation (often class actions) premised on the use of technology like session-replay products, web beacons, pixels, and cookies has proliferated. Typical theories include plaintiffs claiming...more
Readers of this blog may recall a recent favorable decision handed down by Massachusetts State’s highest court in which it found that Massachusetts Wiretap Act claims (“MWA”) do not extend to consumer interactions with...more
Companies frequently wish to record telephone conversations related to their operations, customers, or business transactions. In response, the U.S. Congress and most state legislatures have enacted statutes and regulations...more
Keypoint: Courts reject personal jurisdiction arguments and suggest the Shopify decision will be overturned; Courts continue to show differing approaches to VPPA claims at the pleading stage with a large VPPA class action...more
The Federal Trade Commission’s Bureau of Competition and the Department of Justice Antitrust Division released a joint statement reiterating document preservation obligations for companies and individuals that are the subject...more
Generative Artificial Intelligence (AI) systems like ChatGPT and Google’s Bard have been widely successful and used in applications ranging from science, law, art, business, and even medicine. Generative AI has been called a...more
Leading on the data privacy front again after passing one of the toughest biometric data privacy laws in the nation, Illinois is now the first state to expressly limit law enforcement access to household digital device data....more
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
In a victory for online retailers, a New York federal court recently dismissed three putative class action lawsuits brought on behalf of website visitors whose mouse clicks, keystrokes, and electronic communications were...more
Our weekly client OTA & Travel Distribution Update for the week ending May 11, 2018 is below. This week’s Update features a variety of stories, including the third installment in our six-part series dissecting recent...more
By voice vote on February 6, the US House of Representatives passed the Email Privacy Act that would, among other things, require the federal government to obtain a warrant before compelling service providers to hand over...more
After the terrorist attack in Orlando, Florida, early this month, the Electronic Communications Privacy Act (ECPA) has been discussed quite a bit. The ECPA, a law which took effect in 1986, limits the government’s access to...more
On October 8, 2015, California Governor Jerry Brown signed into law the California Electronic Communications Privacy Act (“CalECPA” or the “Act”), sponsored by Senator Mark Leno (D-San Francisco). The Act requires law...more
Last Thursday, Governor Jerry Brown signed the California Electronic Communications Privacy Act (CalECPA) into law, which requires law enforcement to obtain a warrant before accessing or searching individuals’ digital...more
On Thursday, October 8, 2015, California Governor Jerry Brown signed into law the Electronic Communications Privacy Act (the “California ECPA”). This legislation, which takes effect on January 1, 2015, has been heralded by...more
Law enforcement requests for electronic information, particularly from technology companies such as Google and Twitter, have skyrocketed in recent years. In response, several states—Maine and Texas in 2013, Utah in 2014 and...more
The U.S. Senate Committee on the Judiciary held a hearing to discuss reforms to the Electronic Communications Privacy Act (“ECPA”) proposed in Senate bill S. 356, The Electronic Communications Privacy Act Amendments Act of...more
There continue to be regular developments in the business and human rights field that warrant attention from both companies and their stakeholders. New legislation and regulation, shifting policy positions, and developments...more