I recently had the privilege of guest posting on Professor Eric Goldman‘s Technology & Marketing Law Blog regarding last week’s California Senate Judiciary Committee hearing on proposed amendments to the California Consumer Privacy Act. You can check out my post here.
California’s Senate voted on Thursday to hold SB-561, effectively killing the bill for 2019. The CCPA gives consumers the right to sue a business for data breaches, and SB-561 would have expanded the right to sue for any violation of the CCPA, even technical privacy violations. The death of the bill means that the private right of action will remain limited to data breaches, and the California legislature will not revisit expansion until 2020 at earliest.…
The Office of the California Attorney General (AG) made its fourth stop on its statewide California Consumer Privacy Act listening tour, holding in Los Angeles a public forum on the CCPA. The forums invite public comment as the AG prepares regulations for implementing and enforcing the law. Although the AG specifically requested comment on the seven areas identified in the law for the AG’s regulation, it was clear that some categories caught the attention of the public more than others. And even though the forum was structured to allow participants to provide ideas and suggestions (the AG did not respond to comments or questions presented), most commentators asked for clarity and specific direction from the AG regulations, to help decipher the reach of CCPA and its compliance obligations.
Once upon a time, Larry Page said “you can’t have privacy without security.” California clearly agrees and may test the sincerity of Mr. Page and other tech leaders innovating in the field of connected devices with new legislation signed by Governor Brown in September.
With the ink barely dry on the infamous California Consumer Privacy Act (the CCPA)—a first-of-its-kind data privacy bill in the United States—Brown signed a new Internet of Things cybersecurity bill into law, SB 327. Perhaps not so coincidentally, both laws will take effect on January 1, 2020, marking a substantial compliance deadline for technology companies big and small.
This afternoon, Governor Brown signed into law California Assembly Bill 375, the California Consumer Privacy Act of 2018. The law is unprecedented in the United States that it applies European-level compliance obligations akin to the now infamous General Data Protection Regulation (GDPR), which took effect only a month ago. How did this happen? California legislators rushed a bill through to avoid a ballot initiative proposed by Alastair Mactaggart. Mactaggart agreed to withdraw the initiative if a law was signed by the Governor by today. The law takes effect on January 1, 2020. (And if you think that’s a long time, then you did not just live through the last 18 months working on GDPR preparedness.) What does AB 375 mean for organizations doing business in California? It includes new disclosure requirements, consumer rights, training obligations, and potential penalties for noncompliance, among other things.
Below are some of the key provisions:
In the past five months, we’ve seen a significant shift in the direction of privacy regulation at the federal level. As discussed in our previous post, Congress voted (and President Trump signed) a resolution repealing last year’s FCC Order that imposed greater obligations on broadband Internet service providers and other carriers regarding the protection of customer data. The FCC and FTC also announced that they intend to reverse the FCC’s 2015 decision to treat broadband Internet service providers as Title II common carriers, which would effectively return jurisdiction over broadband Internet service providers to the FTC. Then, at the beginning of this month, the Ninth Circuit granted a petition by the FTC to rehear its ruling from last year that the FTC lacked authority under the FTC Act to regulate AT&T as a common carrier.…
In the past several years, the wide-spread availability of reliable, affordable unmanned aerial vehicles — drones — has fueled massive public interest in the new technology, including in a diverse array of commercial applications. This is particularly true for photographers, and television or film productions companies, where drones have ability to deliver sweeping cinematic footage previously available only by using expensive, helicopter-mounted rigs. (Example 1) (Example 2)
But the promise of this technology comes with baggage: a complex web of regulations controlling virtually every aspect of how, when and where drones can fly. Recently-implemented federal regulations have finally brought some measure of legal certainty to the realm of commercial drone use, but not simplicity. Companies looking to use drones still face complicated regulatory and privacy issues, and risk significant fines or civil liability if they make a mistake.
Below, we review the need-to-know basics and flag the some more complex regulatory and privacy issues that might impact your plans to bring a drone online in your business.…