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2 weeks ago | 
mondaq.com | Joshua Turner |Sara M. Baxenberg |Thomas Johnson |Boyd Garriott
On April 17, 2025, the Fifth Circuit issued an opinion ("Op.") holdingunconstitutional a Federal Communications Commission (FCC orCommission) enforcement order. In that order, the Commissionimposed civil penalties against a communications provider forallegedly violating Section 222 of the Communications Act.
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Apr 16, 2024 | 
mondaq.com | Kathleen Scott |Joan Stewart |Crystal Tully |Boyd Garriott
Over the weekend, lawmakers unveiled the latest push for a federal privacy
law – the American Privacy Rights Act (APRA). The bill was
circulated as a discussion draft by Sen. Maria Cantwell
(D-WA), Chair of the Senate Committee on Commerce, Science and
Transportation, and Rep. Cathy McMorris Rodgers (R-WA), Chair of
the House Committee on Energy and Commerce. Sen. Cantwell and Rep.
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Mar 7, 2024 | 
mondaq.com | Boyd Garriott |Stephanie Rigizadeh |Megan Brown
States around the country have been enacting laws to regulate
the internet in the name of children's safety. Several of these
regulatory schemes have been preliminarily enjoined because they burden
free speech and raise other constitutional concerns. There are a
lot of laws and lawsuits to keep track of, so below, we discuss
developments in key challenges to children's online privacy
laws in California, Arkansas, Ohio, and Utah.
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Mar 6, 2024 | 
mondaq.com | Duane Pozza |Kathleen Scott |Kevin G. Rupy |Boyd Garriott
On February 15, 2024, the Federal Trade Commission (FTC) issued
a Supplemental Notice of Proposed
Rulemaking (SNPRM) that proposes to hold liable entities
that provide “goods or services” used by fraudsters to
illegally impersonate business or government entities or officers. If approved, liability would attach to entities have
“knowledge or reason to know that those goods or services
will be used to” commit impersonation fraud.
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Feb 27, 2024 | 
jdsupra.com | Megan Brown |Boyd Garriott |Stephanie Rigizadeh
States around the country have been enacting laws to regulate the internet in the name of children’s safety. Several of these regulatory schemes have been preliminarily enjoined because they burden free speech and raise other constitutional concerns. There are a lot of laws and lawsuits to keep track of, so below, we discuss developments in key challenges to children’s online privacy laws in California, Arkansas, Ohio, and Utah.
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Feb 27, 2024 | 
jdsupra.com | Kathleen Scott |Boyd Garriott |Duane Pozza |Kevin G. Rupy
On February 15, 2024, the Federal Trade Commission (FTC) issued a Supplemental Notice of Proposed Rulemaking (SNPRM) that proposes to hold liable entities that provide “goods or services” used by fraudsters to illegally impersonate business or government entities or officers. If approved, liability would attach to entities have “knowledge or reason to know that those goods or services will be used to” commit impersonation fraud.
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Feb 14, 2024 | 
jdsupra.com | Boyd Garriott |Stephanie Rigizadeh |Kathleen Scott
On February 9, 2024, a California appellate court reversed a state trial court decision that delayed enforcement of California Privacy Rights Act (CPRA) regulations by one year. The CPRA—an approved ballot initiative that builds on the State’s comprehensive consumer privacy law, the California Consumer Privacy Act—empowers the California Privacy Protection Agency (Agency) to adopt privacy regulations.
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Dec 18, 2023 | 
jdsupra.com | Megan Brown |Stephen Conley |Boyd Garriott
There has been a lot of coverage about the Federal Communications Commission’s (FCC and Commission) new and expansive data breach notification Order, approved on a 3-2 vote at the Commission’s December 13 Open Meeting. Much of this coverage has focused on the Congressional Review Act (CRA), a topic that commenters raised in response to the Notice of Proposed Rulemaking and that Commissioners Carr and Simington cited as a major legal barrier to the new rules in their dissents.
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Oct 9, 2023 | 
mondaq.com | Megan Brown |Kathleen Scott |Boyd Garriott |Tyler Bridegan
A recent spate of successful legal challenges has provided some
relief from the ever-swelling wave of state privacy laws. The legal
bases of these challenges vary, but taken together, they highlight
that state privacy laws – while growing in popularity across
state legislatures – may be on shaky legal ground.
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Oct 6, 2023 | 
jdsupra.com | Tyler Bridegan |Megan Brown |Boyd Garriott
A recent spate of successful legal challenges has provided some relief from the ever-swelling wave of state privacy laws. The legal bases of these challenges vary, but taken together, they highlight that state privacy laws – while growing in popularity across state legislatures – may be on shaky legal ground.
