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Caveat Vendor

A Circuit Split Emerges: At Least for Now, the Protection Afforded to Cell Location Information Depends on Where You Are
Can the government compel disclosure of historical cell-site location information (“CSLI”) without a warrant? According to the Fourth Circuit, cell phone subscribers possess a reasonable expectation of privacy in such information, and a warrant is required. In contrast, the Eleventh and Fifth Circuits have held that a lower-threshold court order is all that is needed.
FCC and the IoT: What to Watch for This Week
Companies manufacturing “smart” products in the virtually unregulated Internet of Things (“IoT”) space may soon find themselves inviting regulation from the Federal Communications Commission (“FCC”).
Internet of Things: Emerging Legal Landmines
Yesterday afternoon, the American Bar Association’s Section of Science & Technology Law (the “SciTech Section”) held a brief meeting to discuss the potential legal issues that may emerge with respect to the Internet of Things (“IoT”). This blog post discusses salient takeaways from the meeting.
Seventh Circuit Expands Standing for Consumers Bringing Suits for Data Breaches
This week, the Seventh Circuit held that plaintiffs bringing claims for stolen credit card information have standing to sue to recover fraudulent charges, as well as fraud prevention expenses, resulting from a data breach.
Internet of Things: Continued Regulatory Focus and Consistent Themes, But Not Without Discord
A program yesterday at Georgetown Law offered a number of governmental and private perspectives on current and future legal trends related to the Internet of Things (“IoT”), i.e., the ability of everyday objects to connect to the Internet and to send and receive data.
California Court of Appeals Fine Tunes the Reach of the Song-Beverly Act
Last month, the California Court of Appeals issued long-awaited guidance for retailers concerned that the collection of personal information from their in-store customers subjects them to liability under the Song-Beverly Act.
FCC Chairman Proposes a Broad Ruling to Clarify and Expand Telemarketing Rules
In a blog post and an accompanying Fact Sheet, FCC Chairman Tom Wheeler announced yesterday proposed measures aimed at enhancing consumer protections under the Telephone Consumer Protection Act (TCPA).
Kansas Recognizes Fantasy Sports
Kansas Governor Sam Brownback may be a social conservative, but he apparently does not object to fantasy sports. On Tuesday of this week, Gov. Brownback signed into law a bill that will recognize fantasy sports as lawful in the Sunflower State.
Minnesota Online Lottery Gambling Takes A Step Back
Last week, the Minnesota legislature passed a bill that will require the Minnesota Lottery to stop offering online games within four months. Minnesota Governor Mark Dayton, who vetoed a similar bill last year, allowed this year's version to take effect without his signature just today.
Video Privacy Protection Act Does Not Protect Device Identifiers, Another Court Rules
On May 7, 2015, the United States District Court for the Western District of Washington (Seattle) joined other courts in narrowly construing the phrase “personally identifiable information” under the Video Privacy Protection Act, 18 U.S.C. § 2710 (the “VPPA”) to exclude a device identifier, even if a third party could use that identifier in combination with other information to identify the individual. The VPPA prohibits video service providers from knowingly disclosing “personally identifiable information” about their customers without their consent.
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