In a ruling published May, 4, the Federal District Court of Idaho granted defendant data broker Kochava’s motion to dismiss a complaint filed by the Federal Trade Commission (“FTC”). In its complaint, the FTC alleged that Kochava’s sale of precise consumer geolocation data constituted an unfair act or practice in violation of Section 5 of
House Subcommittee Reconsiders the ADPPA after Iowa, Indiana, Montana, and Tennessee Move to Enact Privacy Laws
As we have previously posted, it has been an active year on the state privacy law front. Indeed, the number of states with privacy laws is about to nearly double in a matter of months, with Iowa, Indiana, Montana, and Tennessee have already passed or are about to pass comprehensive
Webinar Recording – Artificial Intelligence: An Overview of the U.S. and EU Regulatory Landscape
The emergence of tools like ChatGPT has demonstrated the tremendous business potential for artificial intelligence. At the same time, businesses need to be aware of the growing patchwork of laws and regulations in the U.S. and EU governing the development and use of AI. In this webinar, Ballard Spahr privacy & data security lawyers
Utah Poised to Pass Law Restricting Teen Access to Social Media
Utah Governor Spencer Cox is expected to signed SB 152, which was passed by both the House and Senate as of March 13, 2023. With this bill, Utah would join California in passing legislation designed to protect children from online harms. However, unlike the California Age-Appropriate Design Code, the Utah law will provide
Webinar Recording – 2023 Preview for Privacy and Data Security
2022 proved to be an historic year for privacy and data security, and 2023 is likely to follow suit. With privacy compliance deadlines looming under three state laws, a surge in data privacy litigation, new federal cyber-regulations, new state laws governing children’s data and new EU legislation regulating digital services – privacy lawyers will
Webinar Recording – The Colorado Privacy Act and Draft Rules
With its draft rules, Colorado has set forth a new model for state privacy laws. While there are many areas that are interoperable with the California model, the Colorado draft rules include important differences, as well as rules on topics that have been notably absent from California’s draft rules. Ballard partners Phil Yannella and Greg
FTC Extends Deadline by Six Months for Updated Safeguards Rule
On November 15, 2022, the FTC announced that it was extending by six months the deadline for companies to comply with some portions of the updated Safeguards Rule. The extension comes as a welcome relief to companies racing to meet the rapidly nearing effective date.
The FTC approved changes to the longstanding Safeguards Rule in
Lessons from the Texas Biometric Data Action Against Google
On October 20, 2022, Texas Attorney General Ken Paxton brought suit in Texas district court against Google for alleged violations of the Texas Capture or Use of Biometric Identifier Act (“CUBI”). The petition claims that Google violated CUBI by collecting, analyzing, and storing the facial geometry of individuals who appear in photos that have
FTC Requires Data Minimization in Drizly Enforcement Action
In a recent enforcement action against online alcohol delivery service Drizly and its CEO, James Rellas, the Federal Trade Commission (FTC) made clear its focus on data minimization and limitations on the secondary uses of data. Although the action arose out of a common security failure—the sort that has been the subject of numerous prior
Webinar Recording – Assessing the Surge in Wiretap Litigation
In the past several months, plaintiff’s lawyers have filed dozens of class action lawsuits under state wiretap laws, some of which provide for statutory damages of $5000 per occurrence or more. The lawsuits focus on the use of chatbots, “session replay” software, and tracking code embedded in websites. Plaintiffs contend these tools enable the