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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The Federal Trade Commission (“FTC”) recently gave final approval to a settlement with the Canadian smart locks company Tapplock, Inc. over alleged deceptive practices in the data security context. Tapplock offers Internet-connected, fingerprint-enabled padlocks that interact with a companion mobile app to enable US users to open and close their smart locks when within Bluetooth range.  Notably,...

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In a recent opinion, an Illinois federal judge determined that a user’s biometric privacy claims must be arbitrated according to Shutterfly’s 2015 arbitration clause, despite the fact that plaintiff never assented to any version of the terms containing that arbitration clause. The decision, which is consistent with Illinois’ preference for enforcing arbitration agreements, suggests that at...

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At the end of April, the U.S. District Court in New Mexico dismissed most, but not all, of the New Mexico Attorney General’s claims against a group of Ad Networks and Google for violations of the federal Children’s Online Privacy Protection Act (“COPPA”) and New Mexico’s Unfair Practices Act (“UPA”). Although the decision was a...

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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 finding that the conduct is “unauthorized,” under the Computer Fraud and Abuse Act (“CFAA”). Christian W. Sandvig, et al. v....

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Alexa, Do My Kids Have to Arbitrate?

April 16, 2020 | 0 Comments

A recent District Court decision has called into question the enforceability of mandatory arbitration clauses against third parties that use a product or service but do not themselves agree to arbitrate. On April 9th, Judge Richard Jones from the U.S. District Court for the Western District of Washington denied Amazon’s motion to compel arbitration in...

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ZwillGen is pleased to announce that two veteran attorneys of its California and New York offices have been newly appointed Shareholders of the Firm. In addition, ZwillGen has added one new attorney in Washington, DC to support its growing International Law Enforcement practice and one new attorney in New York to bolster its privacy capabilities,...

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