On April 1, 2021, the U.S. Supreme Court resolved a long standing issue plaguing providers of text message services and the companies engaging in text message marketing. Lower courts have been split in defining what constitutes an “automatic telephone dialing system” or auto-dialer with the definition either limited to equipment…
Articles Posted in Privacy
California Sheds Light on Consumer Privacy Dark Patterns
On March 15, amendments to the California Consumer Privacy Act (CCPA) banned companies from using “dark patterns” that confuse or delay consumers trying to opt out of the sale of their personal information. Online businesses that sell the personal information of consumers must exhibit a “Do Not Sell My Personal…
Privacy, Publicity and Copyright: The Risks of Using Candid Photography in Your Business
Your company wants to use a picture taken outside of your office at an event you are hosting or sponsoring. Perhaps the image shows someone wearing your clothing or other product or using something showing your brand. Possibly you participated in a parade and want some images showing your company’s…
Why the CPRA Is a Step Forward for Privacy but a Step Backwards for Blockchain
Building upon the California Consumer Privacy Act (CCPA), on November 3, 2020, Californians voted to approve Proposition 24: the California Privacy Rights Act (CPRA). The CPRA does not replace the CCPA but rather adds to and modifies the language of the CCPA to strengthen consumer privacy rights and perhaps, in…
Red Dots and Banners: Consent and Privacy Concerns in Videoconferences
“One who invites another to his home or office takes a risk that the visitor may not be what he seems, and that the visitor may repeat all he hears and observes when he leaves. But he does not and should not be required to take the risk that what…
Skin in the Game: A Second Take on Copyright and Tattoos in Video Games
You’re in the midst of doomscrolling, when you decide to take a mental health break and post a photo to your socials from a happier (pre-pandemic) time. As you search through your photos, you find a great one of yourself that a friend-of-a-friend took. You’re about to post the photo…
Social Media Posting, Copyright Infringement and the Rights Balancing Act
In a recent social gathering, your friends took a number of photos and circulated it to the group. You see that one shot by a friend is a particularly great photo of you. You repost to your social media account to share with the world. It would generally be safe…
Protecting Elections: Regulating Deepfakes in Politics
The 2020 election will be unprecedented in many respects. More people will be voting by mail, and there will likely be more democratic participation online than ever before. Internet platforms and communication services will become more influential forums as people are restricted from in-person conventions and debates. But even before…
A Drone’s Eye View of Rights and Legal Remedies
Have you ever been startled by the buzzing sound of a passing swarm of angry mechanical bees as you work from home? Have you ever looked out your window and noticed an agile device zipping through your property? If so, drones might be aversely affecting your lifestyle. These little devices…
Artificial Intelligence, COVID-19 and the Tension between Privacy and Security
As the world continues to deal with the unprecedented challenges caused by the COVID-19 pandemic, Artificial Intelligence (AI) systems have emerged as a potentially formidable tool in detecting and predicting outbreaks. In fact, by some measures the technology has proven to be a step ahead of humans in tracking the…