CPW has been monitoring the data privacy bills under consideration this year at the federal and state level (see some of our prior coverage here, here and here). Last week, Senator Kirsten Gillibrand reintroduced the Data Protection Act, a bill that would establish a new federal agency, the Data Protection Agency (“DPA”), dedicated
This week, Lina Khan was confirmed as a Democratic commissioner to the Federal Trade Commission in a 69-28 Senate vote. The White House subsequently confirmed that Khan would chair the agency. She will serve as the FTC’s youngest-ever commissioner and chair.
CPW previously covered Khan’s nomination, including her history as an antitrust scholar and critic
Last week the Supreme Court’s decision in Van Buren v. United States resolved a decade-long circuit split concerning the “exceeds authorized access” clause of the Computer Fraud and Abuse Act (“CFAA”). Taking up the issue of whether an individual who has legitimate access to a computer network but accesses it for an improper or
Today, the Supreme Court handed down a decision significantly narrowing the scope of the Computer Fraud and Abuse Act (“CFAA”), a federal statute that can impose both criminal and civil liability on anyone who “intentionally accesses a computer without authorization or exceeds authorized access”, in its first-ever decision addressing this law.
In a 6-3 opinion
Here at CPW, we’ve covered many decisions addressing the need for Article III standing when pleading a claim in federal court. A recent decision out of the Seventh Circuit is the latest to affirm that requirement, this time under the Fair Debt Collection Practices Act (“FDCPA”).
In Markakos v. Medicredit, Inc., No. 20-2351, 2021
Last week, the Eleventh Circuit handed down a critical ruling analyzing § 1692c(b) of the Fair Debt Collection Practices Act (“FDCPA”), finding that the subsection also applies to vendors a debt collector may use. Section 1692c(b) prevents a debt collector from communicating with any person in conjunction with the collection of a debt, with several
The Supreme Court issued a unanimous opinion today slashing the Federal Trade Commission’s ability to seek monetary awards in court, finding that Congress had not intended to give the agency that power in a section of the Federal Trade Commission Act granting the FTC the ability to seek injunctions. This critical ruling invalidates what has
Driver’s licenses have been in the news quite a bit recently – and not just because of Olivia Rodrigo’s hit single. The Eighth Circuit recently ordered a new trial in a litigation involving alleged violations of the Driver’s Privacy Protection Act in a decision implicating important principles of evidentiary law in the context of data
CPW has previously reported on the anticipated impact of a Biden presidency on data privacy and data privacy litigation. In an update to that prior analysis, President Biden has reportedly selected Lina Khan, a prominent antitrust scholar and professor at Columbia Law School, for a vacancy at the Federal Trade Commission (“FTC”). Khan’s nomination