Congress Moves Bicameral Data Privacy Bill to Protect Public

The Senate and House Commerce Committee chairs have jointly released a bipartisan bill that seeks to protect the personal online data of U.S. citizens. The American Privacy Rights Act aims to set “clear, national data privacy rights and protections for Americans” and establishes a way individuals can sue entities that violate its provisions. The proposed law represents a years-long effort by Congress to establish data privacy regulations. If it passes, it will preempt the various data privacy laws enacted by states including California, Colorado, Connecticut and Tennessee. Continue reading Congress Moves Bicameral Data Privacy Bill to Protect Public

Apple Yanks Newer Watches from Retail Following Patent Suit

Apple is pausing sales of its two newest Apple Watch models following a U.S. International Trade Commission (USITC) import ban due to unauthorized use of technology patented by Irvine, California-based medical device maker Masimo. Apple plans to have the Series 9 and Ultra 2 watches removed from its online and retail stores by December 26. The move, which comes at the height of the holiday shopping season, will no doubt prompt a frenzy of in-store purchases between now and Sunday. Apple has the decision under review. Barring reversal, it could take steps to reintroduce the watches. Continue reading Apple Yanks Newer Watches from Retail Following Patent Suit

FCC Teams with States to Monitor ISPs on Consumer Privacy

The Federal Communications Commission has set its sights on Internet service providers, formalizing an understanding with state attorneys general to protect consumer data and police privacy abuses. Initially, the memoranda of understanding (MOU) with the FCC’s Privacy and Data Protection Task Force includes the attorneys general of Connecticut, Illinois, New York and Pennsylvania, but could expand. As per the MOU, the entities will “share close and common legal interests in working cooperatively to investigate and, where appropriate, prosecute or otherwise take enforcement action” in relation to privacy, data protection and cybersecurity issues. Continue reading FCC Teams with States to Monitor ISPs on Consumer Privacy

Court Rules in Favor of Epic Games in Google Antitrust Case

Epic Games has prevailed against Google in U.S. District Court, scoring a victory in the 2020 lawsuit filed against the search giant over antitrust behavior related to its Google Play store. Epic claims that Google leverages control over the Android mobile operating system to require content creators who want a presence on an estimated 71 percent of the world’s smartphones to sell through the Play Store. The verdict “proves Google’s app store practices are illegal and they abuse their monopoly to extract exorbitant fees, stifle competition and reduce innovation,” Epic wrote of the win. Google disagrees with the ruling and says it plans to appeal. Continue reading Court Rules in Favor of Epic Games in Google Antitrust Case

Dozens of States Sue Meta for Social Media Addiction in Kids

Meta Platforms has been sued in federal court by 33 states including California and New York that claim its Instagram and Facebook platforms addict and harm children. The action is to date the most sweeping state action to contend with the impact of social media on the mental health of children. The suit, filed Tuesday in U.S. District Court for the Northern District of California, alleges Meta violates consumer protection laws by targeting children and deceiving users about platform safety. Also that day, the District of Columbia and eight states filed separate complaints addressing the same issues. Continue reading Dozens of States Sue Meta for Social Media Addiction in Kids

Supreme Court to Assess States’ Social Media Speech Laws

The Supreme Court will hear a case that will assess the constitutionality of controversial state laws governing social media in Texas and Florida. The states enacted their laws in 2021, ostensibly to assure “free speech” was guaranteed on platforms like Facebook and X (formerly known as Twitter). Users who considered their views “conservative” filed suit alleging censorship. Protections offered by Section 230 of the Communications Decency Act impact how government can regulate expression shared by online services and private media companies. Much like broadcast’s Fairness Doctrine, plaintiffs argue there are obligations that come with government warrantees. Continue reading Supreme Court to Assess States’ Social Media Speech Laws

Massachusetts Court Objects to Gig Worker Ballot Measure

A proposed Massachusetts ballot initiative designating gig drivers as independent contractors was nixed by a state court that deemed it an attempt to avoid liability by companies like Uber and Lyft in the event of accident or crime. The Tuesday ruling effectively halted a $17.8 million campaign in support of a bill the Massachusetts Supreme Judicial Court said violates the State Constitution, with hidden language excepting drivers from being “an employee or agent” of a gig company. The move is the latest in a series of skirmishes between gig companies and local governments.  Continue reading Massachusetts Court Objects to Gig Worker Ballot Measure

Big Tech Fights Antitrust Bill as Congress Moves Toward Vote

Big Tech is pulling out all the stops to prevent Congress from signing the American Innovation and Choice Online Act (AICO) into law before the midterm elections. Amazon and Alphabet have rallied forces in opposition to the antitrust measure whose principal goal is to halt “self-preferencing,” or the ability of online giants to use their market strength in one area to help boost sideline subsidiaries through preferential treatment. For instance, Alphabet using its wholly-owned search engine Google to promote its own shopping or travel products. Continue reading Big Tech Fights Antitrust Bill as Congress Moves Toward Vote

Federal Judge Blocks Florida Law That Restricts Social Media

Florida Governor Ron DeSantis urged lawmakers to pass Florida Senate Bill 7072 to make it easier for the state’s election commission to fine social media companies from $25,000 to $250,000 for banning political candidates during election season. The law passed, but hours before it was slated to take effect District Court Judge Robert Hinkle issued a preliminary injunction against it, noting that plaintiffs NetChoice and the Computer and Communications Industry Association (CCIA) will likely prevail in their effort to have the law declared unconstitutional. Continue reading Federal Judge Blocks Florida Law That Restricts Social Media

Congress Is United in Passing Internet of Things Security Bill

Congress gave unanimous approval to the IoT Cybersecurity Improvement Act, a law covering all the bases for the security of the Internet of Things. The Act was written with advice from Symantec, Mozilla and BSA | The Software Alliance among others, which contributed a list of considerations including secure development, identity management, patching, and configuration management. The law is perceived as establishing a baseline for IoT devices and products. Manufacturers can choose to release products that do not comply. Continue reading Congress Is United in Passing Internet of Things Security Bill

Californians for Consumer Privacy Make Bid for Enforcement

Californians for Consumer Privacy, which led the push for the privacy law that passed in the state, has a new plan to establish a data protection agency to make sure the law is enforced. The goal is to amend the law via a ballot initiative; it will take the valid signatures of more than 620,000 registered voters to put it on the ballot. The California Consumer Privacy Act now gives consumers the right to see what personal data has been collected, to delete it and to prevent companies from selling it. Continue reading Californians for Consumer Privacy Make Bid for Enforcement

With New Federal Law, Supreme Court Drops Digital Data Case

Following arguments in February, the case of United States v. Microsoft, No. 17-2, ended in a draw, or, as the court said, “no live dispute remains between the parties.” Federal prosecutors wanted to force Microsoft to turn over digital data stored outside the U.S., but a new federal law, agreed both sides, made the case — based on whether a 1986 law applied to digital data — moot. During arguments, some justices had suggested that Congress, and not the court, should define privacy in a new digital world. Continue reading With New Federal Law, Supreme Court Drops Digital Data Case

States Are Battling Sales Tax Loopholes for Amazon Vendors

Starting December 1, shoppers on Amazon will most likely have to pay sales taxes on goods purchased from third-party merchants, in addition to paying tax on those bought directly from Amazon. That’s because, on that date, at least some vendors will begin collecting taxes to receive partial amnesty from back taxes in almost half of the U.S. states, including Florida, New Jersey and Texas. The deadline for the partial amnesty deal is October 17, so it is not yet clear how many merchants will take it. Continue reading States Are Battling Sales Tax Loopholes for Amazon Vendors

SEC Rules That Blockchain Tokens Are Regulated Securities

The Securities and Exchange Commission (SEC) has ruled that blockchain tokens sold through token sales are to be classified as securities, a ruling that was anticipated and that will have a powerful impact on projects looking to fundraise from U.S. investors. The ruling follows an investigation of The DAO, which raised a record-breaking ICO (Initial Coin Offering) last May and then lost one-third of it in a hack. As a result, part of the Ethereum community executed a rollback transaction of the DAO fundraising; The DAO has since been delisted. Continue reading SEC Rules That Blockchain Tokens Are Regulated Securities

Music Industry, YouTube Battle Over Perceived ‘Value Gap’

As the $7.7 billion U.S. music industry has moved from CDs to streaming, the top venue has become — not Spotify or Pandora — but YouTube, which is responsible for 25 percent of all music streamed. But that’s a problem since accessing music on YouTube is free, and music labels are increasingly unhappy that the platform pays less for songs than other streaming sites, calling it a threat to the music industry. The music industry has begun taking its concerns to regulators, not just in the U.S., but around the world. Continue reading Music Industry, YouTube Battle Over Perceived ‘Value Gap’