On January 9, 2024, the Federal Trade Commission (FTC) announced its complaint and proposed settlement with location data broker X-Mode Social, Inc. and its successor Outlogic, LLC (collectively X‑Mode). Under the order, X-Mode will be prohibited from sharing or selling any “sensitive location data”—location data that identifies visits to sensitive locations such as medical facilities, religious organizations, and other locations that allow potentially sensitive inferences. The FTC’s action reflects the FTC’s continued focus on location data, particularly that reflects potentially sensitive information, and is similar to the case it is currently litigating against Kochava regarding its sales of precise geolocation data.Continue Reading FTC Cracks Down on Collection and Sharing of Sensitive Location Data With Proposed X-Mode Settlement
Naa Kai Koppoe is an associate in the firm’s Privacy & Security practice. She advises clients on a broad range of data privacy matters, including compliance strategies with state and international privacy laws and regulations such as the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR).
California Governor Gavin Newsom recently signed AB 1394, a law that imposes new obligations on social media platforms to prevent and combat child sexual abuse and exploitation. The law is scheduled to take effect on January 1, 2025, and has two primary requirements for social media platforms (SMP): (1) implement a notice-and-staydown requirement for child sexual abuse material (CSAM); and (2) a prohibition against “knowingly facilitat[ing], aid[ing], or abet[ing] commercial sexual exploitation,” as defined by the statute. If a social media company violates the law, it may be liable to the reporting user for actual damages sustained and statutory damages of up to $250,000 per violation.
The law allows for a civil action to be brought by, or on behalf of, a person who is a minor and a victim of commercial sexual exploitation. The law includes a safe harbor provision for platforms that conduct safety audits. Social media platforms may face damages of up to $4 million per violation.Continue Reading California Law Requires Platforms To Take More Action Against Child Sexual Exploitation
Indiana Governor Eric Holcomb signed Senate Bill 5 on May 1 (effective January 1, 2026), making Indiana the seventh state to offer comprehensive privacy protections. Indiana’s new law appears to closely track Virginia’s omnibus privacy law. The law will apply to a person that conducts business in Indiana or produces products or services targeted to Indiana residents, and that meets either of the following requirements in a calendar year: (1) controls or processes the personal data of 100,000 consumers (defined as residents of Indiana “acting only for a personal, family, or household purpose”); or (2) controls or processes personal data of at least 25,000 consumers with more than 50% of annual gross revenue derived from the sale of personal data.
Similarly, both Tennessee and Montana appear to be imminently close to enacting their own state comprehensive privacy bills. The Tennessee and Montana legislatures each passed their own state bills on April 21, 2023, and each bill is expected to be signed into law by the respective governor soon.
Below, we look at some of the key similarities and differences between the new Indiana privacy law compared with the other six state omnibus privacy laws. We also highlight the key provisions of the Tennessee and Montana bills that are expected to be signed into law soon.Continue Reading Lucky Number 7…8 and 9?: Indiana Passes Privacy Law With Tennessee and Montana Hot on Its Heels
California and New York recently passed laws that seek to change how social media platforms and social media networks design and report their content moderation practices. The New York law will require a hateful conduct policy and reporting mechanism starting in December 2022. The California laws will impose content policy and transparency requirements starting in…
The Colorado attorney general’s office sent shockwaves throughout the privacy world on September 30, 2022, when it published its proposed Colorado Privacy Act (CPA) draft rules (Draft Rules). The Draft Rules are complex and comprehensive; at 38 pages of single-spaced text, they are longer than the CPA itself. The Draft Rules are accompanied by a…
On March 2, 2021, Governor Ralph Northam signed into law Virginia’s Consumer Data Protection Act (VCDPA), a comprehensive data privacy law similar to the California Consumer Privacy Act (CCPA). Virginia is now the second state to adopt a comprehensive data privacy law, and many more states are expected to follow suit in the near future. The VCDPA will go into effect on January 1, 2023, the same day that California’s new data privacy law, the California Privacy Rights Act (CPRA), goes into effect. Below is an overview of the key provisions of the VCDPA.
Continue Reading Virginia Joins California in Adopting a Comprehensive Data Privacy Law