We are seeking candidates for our 2021-2022 Fellowship Program. The program presents a unique opportunity to work with and learn from some of the most experienced privacy and data security lawyers representing the biggest names in technology, and it’s a great place to start your career, just ask former Fellows: “ZwillGen was a fantastic place...

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On July 22, 2020, the Federal Trade Commission (“FTC”) issued revised FAQs regarding the Children’s Online Privacy Protection Act and the FTC Rule issued thereunder (together “COPPA”). The COPPA FAQs provide practical guidance to help operators of commercial websites and online services determine if COPPA applies to them and how to comply. The FTC explained that the revisions...

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On July 9, 2020, the Italian Data Protection Authority (“Garante”) issued a 16.7 million euro fine against Wind Tre S.p.A., an Italian telecom operator, for a number of unlawful data processing activities related to direct marketing under the General Data Protection Regulation (“GPDR”). Following an extensive investigation and several complaints, the Garante found Wind Tre sent unsolicited...

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Today the Court of Justice of the European Union (“CJEU”) ruled that: The EU-U.S. Privacy Shield framework (“Privacy Shield”) is no longer a valid mechanism for exportation of personal data from the European Economic Area (“EEA”) to the United States. This is primarily because, in the CJEU’s view, the Privacy Shield fails to remedy two problems with...

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The Delaware Supreme Court reversed a lower court decision to impose a $7.3 million judgment against Overstock.com for concealing gift card balances from the Delaware Escheator. The Court determined that the lower court misapplied the Delaware False Claims and Reporting Act (“DFCRA”) and incorrectly instructed the jury that Overstock’s failure to file their annual escheat reports was...

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The Supreme Court’s July 6th decision in Barr v. American Association of Political Consultants, Inc. quickly dashed hopes that the sea of litigation centered around the Telephone Consumer Privacy Act (“TCPA”) would come to an end.  The TCPA provides consumers with certain protections against unsolicited calls and texts. Among other things, the TCPA generally prohibits businesses from using...

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On June 23, 2020, Senators Lindsay Graham, Tom Cotton, and Marsha Blackburn introduced the Lawful Access to Encrypted Data Act, one of the most expansive anti-encryption bills in recent history.  The Bill would amend federal surveillance laws to require large tech companies to decrypt data at rest or in motion when demanded by a federal or...

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In United States v. Moore-Bush, the First Circuit recently reversed a Massachusetts District Court decision finding that the Fourth Amendment prohibited sustained video surveillance conducted using a pole-mounted camera in a public space. The Court held that the district court misapplied the Supreme Court’s decision in Carpenter v. United States, First Circuit precedent, and the Fourth Amendment in suppressing evidence...

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On June 17, 2020, in a 28-page report released on the topic of online platform liability, the U.S. Department of Justice proposed four material modifications of Section 230 of the CDA:  Narrowing Section 230’s applicability where the platform is viewed as a bad actor Removing Section 230 protection against the government’s civil enforcement actions Preventing...

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The British Are Coming . . . and They’re Bringing Their Own Legal Process Starting on July 8, 2020, for the first time, U.S. companies will be receiving binding legal process directly from the UK government. This change comes over two years after the Clarifying Lawful Overseas Use of Data Act’s (“CLOUD Act”) enactment and...

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