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Marc Zwillinger

Marc Zwillinger

Marc is the founder and managing member of ZwillGen PLLC and has been regularly providing advice and counsel on issues related to the increasingly complex laws governing Internet practices, including issues related to Electronic Communications Privacy Act (“ECPA”), the Wiretap and Communication Acts, privacy, CAN-SPAM, FISA, spyware, adware, Internet gambling and adult-oriented content. He also helps Internet Service Providers and other clients comply with their compliance obligations pertaining to the discovery and disclosure of customer and subscriber information.

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Blog Posts

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...

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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...

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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...

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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...

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DC Court Ruling Reduces Webscraping Risk

April 17, 2020 | 0 Comments

In a decision that reduces some risk associated with webscraping, the United States District Court for the District of Columbia ruled that violating a website’s terms of service cannot alone be the basis for a...

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The California Attorney General released an update to its proposed California Consumer Privacy Act Regulations, and companies have until 5 pm PT on February 24 to submit comments on this updated draft. ...

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In the highly-anticipated decision in the hiQ Labs v. LinkedIn case, the Ninth Circuit upheld the preliminary injunction against LinkedIn, prohibiting it from barring hiQ’s scraping of public profiles from its site. In so doing, the...

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Following a yearlong investigation triggered in part by the Cambridge Analytica incident, the Federal Trade Commission (FTC) has announced a much anticipated settlement with Facebook, Inc. The Commission determined that the company violated its existing 2012 FTC Order...

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Tricky Topics in CCPA Compliance

June 10, 2019 | 0 Comments

At the time of the writing of this article, the final language of the California Consumer Privacy Act (“CCPA”) is yet to be determined. Nevertheless, given the effective date of the statute, as well as...

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DOJ Reverses Course on the Wire Act

January 16, 2019 | 0 Comments

In a surprisingly result-oriented analysis, the Department of Justice (“DOJ”) has reversed its view on the scope of the Wire Act, declaring that the Wire Act is not limited to sports gambling. The opinion authored...

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