The 5th U.S. Circuit Court of Appeals on Thursday vacated a preliminary injunction against Mississippi’s age-verification law and remanded the case to the U.S. District Court for Southern Mississippi, citing the recent ruling in Moody v. NetChoice, LLC that “reframed the analysis for facial challenges.” The 5th Circuit said that the district court in the Mississippi case “should have undertaken more detailed factual analysis” before finding that trade association NetChoice was likely to succeed on its merits.
Law enforcement called out John Molinelli, former Bergen County prosecutor, and the Public Safety Information Protection Coalition (PSIPC) for attempts to weaken Daniel's Law, which protects the sensitive information of certain public servants and their families. An open letter headed by Peter Andreyev, president of the New Jersey State Policemen's Benevolent Association (PBA), was published Wednesday in the New Jersey Globe.
The Connecticut Attorney General recommends that lawmakers bolster the Connecticut Data Privacy Act (CTDPA) by scaling back exemptions, lowering thresholds of applicability, strengthening data minimization provisions, clarifying definitions and increasing protections for minors’ data, it said in a report. In addition, the report, released Thursday, recommends halting targeted advertising to children and teens and selling their personal data.
Two recent Circuit Court of Appeals cases dealing with the Video Privacy Protection Act (VPPA) of 1988, combined with the 2nd Circuit’s ruling in NBA v. Salazar from October, may have set the stage for a future ruling from the U.S. Supreme Court over whether old laws can be expanded and constitutionally interpreted to apply to new technologies, privacy lawyers say. Others say the circuit split may be resolve by Congress revisiting the statute.
California Attorney General Rob Bonta (D) on Friday appealed an injunction on the state’s Age-Appropriate Design Code Act, re-emphasizing the need to protect children online. The U.S. District Court for Northern California had granted trade association NetChoice’s motion for a preliminary injunction against the Act on March 13, ruling that the legislation was content-based, likely violating the First Amendment, and the state failed to allege real harms.
Privacy must transcend regulation and become entwined with ethical principles such as trust, which is something consumers expect from companies, privacy professionals said during a panel at the Osano Privacy Pro Summit Thursday.
The privacy professional's remit has evolved rapidly and now includes governance and overseeing the regulation of emerging technologies, making roles on privacy teams more specialized, a panel of privacy pros said during an Osano summit Thursday.
As the presence of regulators and regulations grows in the privacy landscape, states are increasing their proactive enforcement and employing technology to do so, privacy experts said during a Privado webinar Thursday.
Missouri Attorney General Andrew Bailey (R) announced a rule requiring commercial pornographic websites to verify the age of users on both the website itself and on the device being used to access the site, for what he calls a “first-in-the-nation” standard to safeguard children. However, the Age Verification Providers Association (AVPA) said Thursday that the technology for this doesn't exist, while the Electronic Frontier Foundation (EFF) raised privacy concerns.
Testers, those who seek privacy violations with the goal of filing lawsuits, lack Article III standing to sue for pen register and wiretapping infractions under the California Invasion of Privacy Act (CIPA), according to a decision from the U.S. District Court for Central California Friday.