Internet & Social Media
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FCC Revises Equipment Authorization Rules06.22/Alert
On June 17, 2021 the FCC approved a Report and Order modifying its equipment authorization program for radiofrequency devices. The Order updates the Commission’s marketing and importation rules in order to minimize obstacles to the development and deployment of new products while continuing to ensure that radiofrequency equipment remains compliant with Commission requirements.
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China Publishes New Draft Regulations on Data Security Management of Automobile Operators to Protect Privacy05.20/Alert
On May 12, 2021, the Cyberspace Administration of China (CAC) published the Several Regulations on the Management of Automobile Data Security (Draft for Comment) (Draft Regulations). The Draft Regulations are open for public comment until June 11, 2021. According to the CAC’s statement, due to growing concerns over personal data security and privacy protection in the People’s Republic of China (PRC), the Draft Regulations aim to strengthen protection of personal information and important data in automobile-related activities, as well as safeguard national security and the public interest. Below is our summary of the highlights of the Draft Regulations.
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Congress Moves to Repeal OCC’s “True Lender” Rule05.20/Alert
On May 11, 2021, the Senate voted to repeal a Trump Administration regulation that defines which party is the “true lender” in partnerships between banks and non-banks, including financial technology and other non-bank lending companies. The Senate resolution now heads to the House of Representatives, which is expected to pass the resolution. President Biden has signaled his support for the repeal and will likely enact the repeal following a vote in the House. The repeal of this rule could create regulatory uncertainty for fintechs and other non-bank lenders that were relying on the rule.
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Data Privacy Fines and Damages “Double Jeopardy”: UK Supreme Court Hears Google “Class Action”04.29/Alert
This week sees a key hearing before the UK Supreme Court in the case of Lloyd v Google, an event long awaited by those familiar with data protection law proceedings in Europe.
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Affirming Dismissal of AirAsia Lawsuit, D.C. Circuit Court Overrules Prior Decisions Allowing Personal Jurisdiction Based on Internet Presence Alone01.29/Alert
The United States Court of Appeals for the D.C. Circuit has affirmed the dismissal of a personal injury lawsuit brought against the Malaysian-based airline AirAsia by a passenger and her husband. Erwin-Simpson v. AirAsia, No. 19-7034 (D.C. Cir. Jan. 19, 2021). This recent decision sets a new standard for establishing personal jurisdiction in the Circuit.
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Countdown to CCPA #2: GDPR Compliance Does Not Equal CCPA Compliance06.03/Alert
The California Consumer Privacy Act of 2018 (CCPA) goes into effect on January 1, 2020. The Act grants “consumers” (any California resident regardless of whether there is a customer or any other relationship with the covered business) five new rights respecting their personal information.1
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Countdown to CCPA: Do You Know Where Your Data Is?05/01/2019
It’s January 2, 2020, and you just received 25 requests asking for disclosure about your data collection, use and sharing practices and for a copy of the specific pieces of personal information you collected about the requesting individuals during the last 12 months. You have 45 days to respond. What do you do? Close down the business so you can find the information? By being prepared you can avoid a crisis.
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Pillsbury's Post-Election Outlook11.07/Alert
The 2018 Midterm Election played out as most poll forecasters speculated. Although several races have yet to be decided, Republicans have retained control of the Senate, but lost at least 29 seats, allowing the Democrats to wrest back control of the House for the first time since 2010.
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2018 Election Night Guide11.02/Article
Pillsbury’s Political Law and Public Policy groups break down the need-to-know numbers for this year’s election. Pillsbury’s biennial Election Night Guide examines the potential outcomes for the 2018 Congressional and Governor’s races. Our Public Policy team is also preparing a post-election guide that will be useful in navigating potential changes in Congress.
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The Dangers of Training Neural Networks with Phone Calls05.15/Blog
If you haven’t seen Sundar Pichai’s presentation on Google Duplex, watch it. The technology is fascinating. Google is developing software that can assist users in completing specific tasks such as making reservations by telephone.
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Who Is Ultimately in the Driver’s Seat with Autonomous Vehicles?05.08/Blog
When Eddie Rabbitt sang “Drivin’ My Life Away” in 1980, he was chronicling the life of a roadie, of a life spent behind the wheel. At the time, autonomous driving vehicles were still a distant speck on the horizon of the information highway. Today, we are on the cusp of a revolution that offers a near future where no one will have to spend his or her life behind a wheel. As always, the future carries new concerns, dangers and legal developments. We have already seen our first accidents and fatalities related to autonomous driving, and the regulatory and liability landscape is quickly setting context for this new technology—twenty-two states and Washington, D.C., have enacted legislation related to autonomous vehicles (with more pending).
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Bill Expands Corporate Liability for Human Trafficking to Social Media Companies03.27/Alert
The recently passed Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) creates civil liability for social media companies that benefit from a human trafficker’s online media presence if they “should have known” that their platform was being utilized for such exploitation.
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Cloud Computing by EU Financial Institutions Gets a New Rule Book01.23/Alert
EU Financial institutions take note: the European Banking Authority’s new cloud computing guidance takes effect July 1, 2018.
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The Algorithm Did It: The Evolving Legal Landscape of the Internet’s Favorite Tool12.19/Blog
There are no shortage of practical, legal considerations for businesses that employ algorithms.
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Disclose or Else: FTC Steps Up Prosecution of Social Media Influencers09.14/Blog
In September 2017, the Federal Trade Commission brought its first-ever action against a social media influencer for failing to make appropriate disclosures on sponsored posts. Going forward, anyone who posts sponsored material or even tags a brand in a post should seriously consider the possibility of FTC prosecution.
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The Internet Stole My Face: New Advances in Technology Could Make Everyone a Digital Video Puppet08.30/Blog
Visual effects artists can create realistic digital replicas of actors that can be manipulated like puppets, and new developments in software technology could soon make digital puppetry accessible to the masses. Protections against unauthorized use of digital replicas can involve copyright or traditional tort claims, but if this technology continues to spread, the difficulty in controlling one’s own likeness will probably increase.
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The Doxing Dilemma: A Popular Tactic of Social Activists and Cyber Bullies Alike Remains Mostly Legal08.21/Blog
Doxing, the gathering and public distribution of information such as photographs, telephone numbers and addresses found on the internet, may be done to harass or bully someone, or as a form of vigilante activism. While tort remedies could be available, it remains to be seen whether legislation can effectively target doxing without infringing on freedom of speech.
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Fake and Consequences: Weathering the Reputational Risks and Financial Fallout of “News” that Abuses08.14/Blog
False stories, whether created for fun, mischief or money, quickly become a nuisance to businesses trying to protect their brands and maintain their reputations. Although businesses injured by fake news stories may find refuge in existing laws, Section 230 of the Communications Decency Act (CDA) presents a significant barrier by protecting providers and users of interactive computer services from liability as publishers of information provided by third parties.
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Bill Banning Streaming Video Tax Rejected05.04/Alert
On April 24, 2017, the Assembly Committee on Revenue and Taxation voted unanimously to postpone for at least one year a bill that would temporarily ban California localities from taxing streaming video services.
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Internet Vino Veritas: Rules and Guidelines for Social Media Efforts Related to Alcohol Sales04.03/Blog
Highly regulated products like alcohol, however, pose a special situation for online sales. Federal and state laws regulate the sale of alcohol in traditional brick-and-mortar stores, but these regulations also extend to the internet, and how these regulations are applied to an online environment is much more complicated. Each state has its own set of laws restricting the sale and purchase of alcohol, so depending on which state you live in, the restrictions differ.