Alternative Data

Oregon Strengthens Geolocation Data Privacy and Children’s Personal Data Protections, Adding to Compliance for Data Brokers and OthersCFPB Issues Final “Open Banking” Rule Governing Third Party Use of Consumer Banking Information View More…

Artificial Intelligence

Data License Restrictions in the AI Spotlight: Careful Drafting Is More Important Than EverTake it Down Act Signed into Law, Offering Tools to Fight Non-Consensual Intimate Images and Creating a New Image Takedown Mechanism View More…

Autonomous Cars

Warrantless Retrieval of Electronic Automobile Data Held to Be Unreasonable Search – Ruling Points to Private Nature of Digital Data Collected in Today’s WorldFourth Amendment Appeal before Georgia Supreme Court over Airbag Crash Data Could Have Implications for Autonomous Cars and Related Technologies View More…

Biometrics

Washington Governor Signs Bill Addressing Government Use of Facial Recognition TechnologyWill the Role of Facial Recognition Grow in a Post-COVID-19 World? View More…

Biotech

Science Journal Tells Authors That Publication of Article Abstract on Wikipedia Is A Requirement View More…

Blockchain

President Biden Signs Executive Order Detailing National Policy Objectives for Digital AssetsIn the Coming ‘Metaverse’, There May Be Excitement but There Certainly Will Be Legal Issues View More…

Commercial Litigation

New York Court Dismisses Antitrust Defense to Breach of Distribution ContractSwitching Consumer Device to Ad-Supported Environment Is Not Deceptive under New York Law View More…

Computer Fraud and Abuse Act

Two Notable Tech Law Decisions That Closed Out the Summer: CDA Immunity Protections for a Software Platform, CFAA “Authorized Access” Issues, Passwords as Trade SecretsCalifornia Court Issues Another Noteworthy Decision Dismissing Breach of Contract and Tort Claims in Web Scraping Dispute View More…

Contracts

Data License Restrictions in the AI Spotlight: Careful Drafting Is More Important Than EverWhy a Transaction’s Context Matters: Website Terms Found Unenforceable Despite Proximate Placement to “Place Order” Button View More…

Copyright

Court Rules That Scraping of Public Data by Competitor Constitutes Trade Secret MisappropriationThe King is Back (in the Digital Era) | The ELVIS Act, Generative AI and Right of Publicity View More…

Data Security

App Store Protected by CDA Immunity (and Limitation of Liability) for Losses from Fraudulent Crypto Wallet AppDOJ Revises Policy for CFAA Prosecution to Reflect Developments in Web Scraping and Other Matters View More…

Defamation

Take it Down Act Signed into Law, Offering Tools to Fight Non-Consensual Intimate Images and Creating a New Image Takedown MechanismDefend Trade Secrets Act Claims Subject to CDA Section 230 Immunity View More…

Digital Currency

App Store Protected by CDA Immunity (and Limitation of Liability) for Losses from Fraudulent Crypto Wallet AppPresident Biden Signs Executive Order Detailing National Policy Objectives for Digital Assets View More…

Domain Names

Web Publisher Seeks Injunctive Relief to Address Web Scraper’s Domain Name Maneuvers Intended to Avoid Court OrderAppellate Watch: Are Domain Names "Property" That Can Be Seized Under State Forfeiture Laws? View More…

E-mail

Protecting Business Information Assets in the “Work From Home” EnvironmentElectronic Signatures Becoming the Norm during COVID-19 Outbreak View More…

Electronic Direct Marketing

Mobile Alphabet Soup…What Exactly Is an ATDS under the TCPA?Verizon Wireless Files RICO Suit against Mobile Marketers, Alleges Deception and Fraud in Evasion of MMA Guidelines Requirements for Short Code Campaigns View More…

Electronic Records

Protecting Business Information Assets in the “Work From Home” EnvironmentElectronic Signatures Becoming the Norm during COVID-19 Outbreak View More…

First Amendment

Unmasking Anonymous Copyright Infringers: Where the DMCA, First Amendment, and Fair Use MeetThree Questions Brands Must Ask about Trademarks and the Metaverse View More…

General

Reflections on Technology-Related Legal Issues: Looking Back at 2017; Will 2018 Be a Quantum Leap Forward?Congress, Federal Agencies, Take Action on Technology Accessibility View More…

Geofencing

Data At Issue: FTC Focus on Browsing Information and Location DataVirginia Court Dismisses Webcaster’s Suit Concerning Geofencing Workaround to Copyright Royalty Obligations View More…

Health

California Enacts Additional Generative AI Bills Touching on Training DataAmazon’s Recent Acquisitions Highlight the Value of Consumer Data (and the Evolving Privacy Issues) View More…

Internet

Why a Transaction’s Context Matters: Website Terms Found Unenforceable Despite Proximate Placement to “Place Order” ButtonTake it Down Act Signed into Law, Offering Tools to Fight Non-Consensual Intimate Images and Creating a New Image Takedown Mechanism View More…

Legislation

Oregon Strengthens Geolocation Data Privacy and Children’s Personal Data Protections, Adding to Compliance for Data Brokers and OthersTake it Down Act Signed into Law, Offering Tools to Fight Non-Consensual Intimate Images and Creating a New Image Takedown Mechanism View More…

Licensing

Data License Restrictions in the AI Spotlight: Careful Drafting Is More Important Than EverContract Law in the Age of Agentic AI: Who’s Really Clicking “Accept”? View More…

Mobile

Oregon Strengthens Geolocation Data Privacy and Children’s Personal Data Protections, Adding to Compliance for Data Brokers and OthersCFPB Issues Final “Open Banking” Rule Governing Third Party Use of Consumer Banking Information View More…

Online Commerce

Why a Transaction’s Context Matters: Website Terms Found Unenforceable Despite Proximate Placement to “Place Order” ButtonContract Law in the Age of Agentic AI: Who’s Really Clicking “Accept”? View More…

Online Content

Take it Down Act Signed into Law, Offering Tools to Fight Non-Consensual Intimate Images and Creating a New Image Takedown MechanismCourt Rules That Scraping of Public Data by Competitor Constitutes Trade Secret Misappropriation View More…

Open Source

GPL Open Source Litigation Could Open the Door to Other SuitsOpen COVID Pledge Rolled Out to Make Patents and Other IP Available for COVID-19 Response View More…

Privacy

Oregon Strengthens Geolocation Data Privacy and Children’s Personal Data Protections, Adding to Compliance for Data Brokers and OthersTake it Down Act Signed into Law, Offering Tools to Fight Non-Consensual Intimate Images and Creating a New Image Takedown Mechanism View More…

Quantum Computing

In the Coming ‘Metaverse’, There May Be Excitement but There Certainly Will Be Legal IssuesReflections on 2019 in Technology Law, and a Peek into 2020 View More…

Regulatory

The DOJ’s Final Rule on Access to U.S. Sensitive Personal Data and Government-Related Data by Countries of Concern or Covered PersonsUpcoming Changes to AI Regulation in the New Administration View More…

Screen Scraping

CFPB Issues Final “Open Banking” Rule Governing Third Party Use of Consumer Banking InformationCourt Rules That Scraping of Public Data by Competitor Constitutes Trade Secret Misappropriation View More…

Social Media

Take it Down Act Signed into Law, Offering Tools to Fight Non-Consensual Intimate Images and Creating a New Image Takedown MechanismA Final Bow for Section 230? Latest Plea for Reform Calls for Sunset of Immunity Law View More…

Software

Two Notable Tech Law Decisions That Closed Out the Summer: CDA Immunity Protections for a Software Platform, CFAA “Authorized Access” Issues, Passwords as Trade SecretsCourt Rules That Scraping of Public Data by Competitor Constitutes Trade Secret Misappropriation View More…

Technology

Data License Restrictions in the AI Spotlight: Careful Drafting Is More Important Than EverContract Law in the Age of Agentic AI: Who’s Really Clicking “Accept”? View More…

Telephone Consumer Protection Act

Browsewrap Agreement Held Unenforceable – Website Designers Take Note!Mobile Alphabet Soup…What Exactly Is an ATDS under the TCPA? View More…

Television

DOJ Seeking to End Movie Studio and Theater Antitrust Decrees amidst Streaming Competition – A New Opportunity in Theatrical Distribution?Fair Use in Flux: Second Circuit TVEyes Ruling May Have a Lasting Effect on Fair Use Analysis View More…

Trade Secrets

Two Notable Tech Law Decisions That Closed Out the Summer: CDA Immunity Protections for a Software Platform, CFAA “Authorized Access” Issues, Passwords as Trade SecretsCourt Rules That Scraping of Public Data by Competitor Constitutes Trade Secret Misappropriation View More…

Trademark

Three Questions Brands Must Ask about Trademarks and the MetaverseOn the Mark: Understanding the Supreme Court’s Latest Decision Regarding the Treatment of Trademark Licenses in Chapter 11 View More…

Video

Second Circuit Vacates CDA Decision and Reissues a Narrower Opinion Reaching Same Conclusion, Providing Some Practical CDA Lessons for the FutureDOJ Seeking to End Movie Studio and Theater Antitrust Decrees amidst Streaming Competition – A New Opportunity in Theatrical Distribution? View More…

Video Privacy Protection Act

Reflections on Technology-Related Legal Issues: Looking Back at 2017; Will 2018 Be a Quantum Leap Forward?Ninth Circuit Rejects VPPA Claims of Roku Channel User, Declining to Adopt Broad Definition of PII View More…

Videogames

Court Enforces Arbitration Clause in Online Terms of Service Accepted by a MinorAppeals Court Affirms Dismissal on Standing Grounds of Biometric Privacy Suit over Videogame Facial Scan Feature View More…

Welcome

Proskauer Launches "Blockchain and The Law" BlogWelcome to the Proskauer New Media and Technology Law Blog View More…