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Privacy Plus+Privacy, Technology and PerspectivePrecedent Set for GDPR Applicability in TTAB Proceedings. Recently, the US Trademark Trial and Appeal Board (TTAB) issued a precedential decision regarding the applicability of the EU General Data Protection Regulation (GDPR) in TTAB proceedings. Here is a link to the TTAB’s decision in Intercontinental Exchange Holdings, Inc v New York Mercantile Exchange, Inc and Chicago Mercantile Exchange,

Privacy Plus+Privacy, Technology and Perspective Connecticut’s New “Privacy Breach” and “Cybersecurity Standards” Acts Following Ohio And Utah.  Recently, Connecticut data breach reporting and cybersecurity laws have changed with one law widening breach reporting obligations, and the law, following Ohio and Utah by incentivizing business to adopt industry-recognized cybersecurity standards.“An Act Concerning Privacy Breaches”: Public Act 21-59 (“An Act Concerning Privacy Breaches”)

October 9, 2021 Privacy Plus+Privacy, Technology and PerspectiveThe Real Problem isn’t Facebook – It’s you and me.  This week, Facebook faced a reckoning by a whistleblower who revealed what already we should know by now – that Facebook drives revenue to its platform by promoting hateful, divisive, and polarizing content that undermines civic integrity.  A transcript of Frances Haugen’s interview with

Privacy Plus+Privacy, Technology and PerspectiveRansomware Kills.  This week, the news is reporting on a lawsuit in Mobile, Alabama, which alleges that in July 2019, a hospital’s misreporting and clumsy handling of a ransomware attack caused inadequate care of a pregnant mother and profound brain injury, and eventual death, of the baby. The suit faults the hospital for assuring the public

Privacy Plus+Privacy, Technology and Perspective New Risks under the GDPR. Beginning this Monday, September 27th, those who transfer European personal data to the U.S. will face new, material risks. In this post, we’ll explore how the new “Standard Contractual Clauses” (SCCs) intended to protect European personal data simultaneously pose a risk to those who rely on them to import personal data

Privacy Plus+Privacy, Technology and PerspectiveData Accuracy Disclaimers – A “Yellow-Flag” Contracting Issue.  Many companies acquire data by buying it. When those companies buy personal information, however, privacy issues arise and the contracts underlying those purchases need a closer look. In particular, lately, we’ve been seeing a lot more disclaimers related to data accuracy. In this post, we’ll highlight why that

What’s the “Right of Publicity?”: Ever since 1898, when Brandeis and Warren published their pathfinding law review article “The Right of Privacy,” the right of an individual to control at least some aspects of their own likeness and identity – often called “The Right of Publicity” – has been widely recognized.
The contours of this common-law right, however, have never

Privacy Plus+Privacy, Technology and PerspectiveA Post Intended for Anyone Leaving an Abusive Relationship. This is the Privacy Plus+ that we hope no one ever has to read. We offer it in the context of recent events and with solidarity and sympathy to those who are leaving an abusive relationships. We hope this post can be resource on technology issues that

 Privacy Plus+Privacy, Technology and PerspectiveLeft Hand, it’s Time to Meet Right Hand.  Recently, the Electronic Frontier Foundation (“EFF”) revealed that the Illinois Department of Transportation (“IDOT”) bought the precise geolocation data of Illinois residents from a data broker funded by the former Saudi Intelligence Head.  We are not making this up, and a link to the EFF’s story on the

Privacy Plus+Privacy, Technology and PerspectiveThinking about a New Epoch in Antitrust Law (and One Timeless Tip). This week, we look at some of the larger themes of U.S. antitrust law, ask if the Federal Trade Commission’s newly amended complaint against Facebook triggers a new “epoch” in antitrust law, and offer one timeless tip for avoiding antitrust issues.The FTC’s new filing: