United States: Data Protection

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Privacy law and privacy regulation thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics including GDPR, data protection, data privacy, and privacy protection.
Article
California SB 690 Limits Private Pen-Register Claims, But CIPA Litigation Is Far From Over
California Senate Bill 690 eliminates private lawsuits under Penal Code § 638.51 for alleged pen register violations involving website tracking technologies, while leaving other privacy claims intact. The legislation addresses aggressive litigation tactics but does not create broad exemptions for commercial website activity or amend California's wiretapping provisions. Businesses must understand both the relief provided and the significant limitations of this narrow reform.
United States Privacy
DW
Dickinson Wright PLLC
Article
Cutting-Edge Class Action Issues Debated At Perfect Law Conference At NYU School Of Law
The Perfect Law Class Action Conference at NYU brought together practitioners and academics from Europe, Canada, and the United States to debate cutting-edge issues in class action litigation, with particular focus on privacy violations, securities fraud, and the transformative impact of artificial intelligence. The conference explored how Article III standing requirements are shaping privacy class actions, with detailed analysis of recent cases demonstrating the critical importance of pleading specific, se
Global Litigation
DM
Duane Morris LLP
Article
California Governor Signs SB 690, Limiting Private Right Of Action Under CIPA’s “Pen Register” And “Trap And Trace” Provisions
California Governor Gavin Newsom signed SB 690, amending the California Invasion of Privacy Act to restrict private plaintiffs from bringing pen register and trap and trace claims arising from web-based conduct. While this amendment aims to reduce the wave of private CIPA litigation targeting website tracking technology, businesses remain exposed to several major types of claims and enforcement mechanisms under CIPA and related statutes.
United States Privacy
CM
Crowell & Moring LLP
Article
The Privacy Patchwork Grows: Alabama, Louisiana, Oklahoma, And Vermont Join The Compliance Landscape
Alabama, Louisiana, Oklahoma, and Vermont have enacted comprehensive consumer privacy laws, adding to the growing patchwork of state privacy regulations. While these laws share a common framework with existing state privacy statutes, each contains distinct requirements regarding applicability thresholds, opt-out mechanisms, sensitive data processing, and enforcement provisions that businesses must navigate carefully.
United States Privacy
B
Benesch Friedlander Coplan & Aronoff LLP
Article
ANOTHER ONE BITES THE DUST: California Court Dismisses CIPA § 631 And § 632 Action Because The Plaintiffs Failed To Establish Article III Standing
A California federal court dismissed claims under the Federal Wiretap Act and California Invasion of Privacy Act, ruling that plaintiffs failed to establish Article III standing when they could not prove their personal information was actually intercepted by third-party tracking technology on a retail website. The decision highlights the evidentiary burden plaintiffs must meet when alleging privacy violations through website tracking pixels and similar technologies.
United States Litigation
Troutman Amin LLP
Article
California Federal Court Denies TikTok’s Motion To Dismiss Children’s Privacy Claims Based On Prior Class Action Settlements
A federal court rejected TikTok's attempt to use two prior nationwide class action settlements—totaling over $93 million—to dismiss new privacy claims brought by minors alleging violations of the Children's Online Privacy Protection Act. The ruling hinged on whether the current plaintiffs were demonstrably members of the earlier settlement classes based solely on the pleadings, raising critical questions about the scope and enforceability of broad settlement releases in successive privacy litiga
United States Litigation
DM
Duane Morris LLP
Article
Still Tracking, Still Suing: Website Privacy Litigation After SB 690
California's SB 690 eliminates private lawsuits under CIPA for pen register and trap-and-trace device theories, but website tracking litigation continues under federal wiretapping statutes, ECPA's crime-tort exception, and sector-specific claims. Businesses face ongoing risk from cookies, pixels, and tracking technologies that may unlawfully intercept visitor communications or collect routing data without proper consent.
United States Privacy
BB
Bass, Berry & Sims
Article
ONE WORD, FOUR CIRCUITS: Supreme Court To Resolve VPPA Circuit Split Over Who Qualifies As A “Consumer”
Federal appellate courts are divided on who qualifies as a "consumer" under the Video Privacy Protection Act, with the Supreme Court now set to resolve whether a subscription must involve audiovisual goods or services or if a newsletter subscription suffices. The distinction could significantly reshape litigation exposure for businesses using tracking pixels and offering video content, as the financial stakes in class actions can escalate quickly under the VPPA's damages framework.
United States Consumer
Troutman Amin LLP
Article
Second Circuit Authorizes “Suspicionless” Border Searches Of Travelers’ Digital Devices
The Second Circuit Court of Appeals has ruled that U.S. border officials can conduct suspicionless searches of travelers' digital devices, rejecting prior district court decisions requiring warrants. This decision deepens a split among federal circuit courts regarding Fourth Amendment protections at the border, leaving open questions about forensic searches and creating varying privacy protections depending on where travelers enter the United States.
United States Criminal
JD
Jones Day
Article
Selling Company Data For AI Training: What To Know Before You Say Yes
AI developers are seeking new sources of training data, including internal operational data like Slack messages, emails, and company documents. Companies are now receiving offers to sell their workplace data, but such transactions raise complex legal questions around data rights, privacy commitments, employee protections, and long-term competitive risks that require careful evaluation before proceeding.
United States Privacy
FK
Frankfurt Kurnit Klein & Selz
Video
We Get Privacy — Episode 22: Rethinking Cybersecurity In The Age Of Unleashed AI (Podcast)
AI-enabled threats are rapidly outpacing traditional cybersecurity defenses, creating increasingly sophisticated risks to organizational data and systems. This podcast explores how artificial intelligence is being weaponized by bad actors faster than defensive measures can adapt, with recent incidents at major AI labs demonstrating that even the most advanced companies are struggling to contain AI agents within intended environments. Legal experts discuss practical strategies for protecting sensitive data t
United States Privacy
JL
Jackson Lewis P.C.
Article
California Signs Landmark Online Child Safety Package
California has enacted the nation's most comprehensive online child safety legislation, banning addictive social media features for minors under 16, establishing strict companion chatbot regulations, and imposing enhanced civil penalties for platforms that harm children. Companies operating social media platforms or chatbots accessible to California children must now assess their products, audit features, and prepare compliance programs ahead of the laws' effective dates.
United States Media & IT
DL
Davis+Gilbert LLP
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