Supplementing SCCs to Solve Surveillance Shortfalls

This article was originally published in the IAPP Daily Dashboard on August 19, 2020. By invalidating the EU-U.S. Privacy Shield but not rejecting wholesale the use of standard contractual clauses to transfer data to the U.S., the Court of Justice of … Continue reading Supplementing SCCs to Solve Surveillance Shortfalls

Three Republican Senators Proposed Anti-Encryption Bill Endorsed by DOJ

On June 23, 2020, Senators Lindsay Graham, Tom Cotton, and Marsha Blackburn introduced the Lawful Access to Encrypted Data Act, one of the most expansive anti-encryption bills in recent history.  The Bill would amend federal surveillance law… Continue reading Three Republican Senators Proposed Anti-Encryption Bill Endorsed by DOJ

First Circuit Rejects Attempt to Extend Carpenter to Public Surveillance Cameras

In United States v. Moore-Bush, the First Circuit recently reversed a Massachusetts District Court decision finding that the Fourth Amendment prohibited sustained video surveillance conducted using a pole-mounted camera in a public… Continue reading First Circuit Rejects Attempt to Extend Carpenter to Public Surveillance Cameras

Section 230 Update: DOJ, Sen. Hawley Propose Limiting Online Platforms’ Protections

On June 17, 2020, in a 28-page report released on the topic of online platform liability, the U.S. Department of Justice proposed four material modifications of Section 230 of the CDA:  Narrowing Section 230’s applicability where the platfo… Continue reading Section 230 Update: DOJ, Sen. Hawley Propose Limiting Online Platforms’ Protections

Ninth Circuit Rules that Scraping a Public Website is Likely Not a CFAA Violation

In the highly-anticipated decision in the hiQ Labs v. LinkedIn case, the Ninth Circuit upheld the preliminary injunction against LinkedIn, prohibiting it from barring hiQ’s scraping of public profiles from its site. In so doing, the court h… Continue reading Ninth Circuit Rules that Scraping a Public Website is Likely Not a CFAA Violation