California Social Media Law Enacted as Courts Confront Similar Texas and Florida Laws

U.S. Tech Law Update

October 17, 2022

By: Alexandra Ashbrook

I.  Introduction

         On September 13, 2022, California governor Newsom signed AB 587 (the “Social Media Law”) into law, requiring social media companies to publicly post terms of service that address hate speech, disinformation, harassment, and extremism policies. The Social Media Law further requires social media companies to report data on enforcement of such policies to the California Attorney General on a biannual basis. Upon signing the bill, California’s governor Newsom asserted that, “Californians deserve to know how [social media] platforms are impacting [California’s] public discourse, and this action brings much-needed transparency and accountability to the policies that shape the social media content [Californians] consume every day.”[1] Continue reading “California Social Media Law Enacted as Courts Confront Similar Texas and Florida Laws”

California Privacy Protection Agency Moves Forward With New Draft Privacy Regulations

U.S. Tech Law Update

August 29, 2022

By: Greg Pilarowski | Alexandra Ashbrook

I.  Introduction

         On August 24 and 25, 2022, the California Privacy Protection Agency (the “Agency”) held a public hearing on proposed regulations affecting the California Consumer Privacy Act of 2018 (the “2018 Act”), as amended by the Consumer Privacy Rights Act of 2020 (the “2020 Act”, and collectively with the 2018 Act, the “CA Privacy Acts”). Amongst its various changes to the 2018 Act, the 2020 Act established the Agency to implement and enforce the CA Privacy Acts.[1] The CA Privacy Acts directed the Agency to update existing regulations to account for the 2020 Act, operationalize new rights and concepts introduced by the 2020 Act, and reorganize and consolidate requirements under the CA Privacy Acts.

Continue reading “California Privacy Protection Agency Moves Forward With New Draft Privacy Regulations”

SEC Deems Nine Tokens Securities

U.S. Tech Law Update

August 26, 2022

By: Greg Pilarowski | Magdalene Bedi

II. Introduction

         On July 21, 2022, the United States Securities and Exchange Commission (the “SEC”) alleged that nine digital assets constituted securities in its first insider trading claim involving cryptocurrencies, SEC v. Ishan Wahi, Nikhil Wahi, and Sameer Ramani (the “Complaint”).[1] In the Complaint, the SEC charges a former Coinbase manager and two others with perpetrating a scheme to trade at least 25 digital assets ahead of Coinbase announcing that those assets would be listed on its trading platform.[2] Each of Coinbase’s announcements prompted a spike in the digital assets’ value, resulting in profits totaling more than $1.1 million for the defendants.[3] The SEC established its jurisdiction by declaring that nine of the involved digital assets are securities: AMP, RLY, DDX, XYO, RGT, LCX, POWR, DFX, and KROM (the “Nine Complaint Tokens” or “Complaint Tokens”).[4] This is the first time the SEC characterized digital assets as securities in a legal action that did not include the issuers of those digital assets as parties to the legal action.

Continue reading “SEC Deems Nine Tokens Securities”

Implications of Biden Executive Order for Blockchain Games

U.S. Tech Law Update

 

July 6, 2022

 

By: Greg Pilarowski | Magdalene Bedi

 

I. Introduction

 

 

        On March 9, 2022, President Joe Biden issued the “Executive Order on Ensuring Responsible Development of Digital Assets” (the “Biden Order”),[1] and shortly after, on May 4, 2022, California Governor Gavin Newsom issued “Executive Order N-9-22” (the “Newsom Order”, and together with the Biden Order, the “Orders”), addressing California’s approach to blockchain technology and crypto assets.[2] Both Orders, while recognizing the need for consumer and investor protection, emphasize the goal of ensuring America and California are welcoming to blockchain technology and the potential economic gains that it may foster.

Continue reading “Implications of Biden Executive Order for Blockchain Games”

The California Privacy Protection Agency Talks Rulemaking—Are Businesses Ready for New California Data Privacy Rules?

October 4, 2021

By: Greg Pilarowski | Alexandra Ashbrook | Ziwei Zhu

  1. Introduction

On November 3, 2020, California voters passed Proposition 24 enacting the California Privacy Rights Act (“CPRA” or “2020 Act”).[1] The CPRA becomes effective January 1, 2023 and will be enforced by the newly created California Privacy Protection Agency and the California Attorney General starting July 1, 2023. In accordance with California privacy activists’ efforts to strengthen the California Consumer Privacy Act of 2018 (“CCPA” or “2018 Act,” with the 2020 Act the “Privacy Acts”), the 2020 Act substantively amends and expands the 2018 Act.

Continue reading “The California Privacy Protection Agency Talks Rulemaking—Are Businesses Ready for New California Data Privacy Rules?”

Commerce Department Issues, Then Withdraws WeChat Ban Rules; Federal Court Blocks the Ban

September 21, 2020

By: Greg Pilarowski | Ryan Lee

I.        Introduction.

          On September 18, 2020, the U.S. Department of Commerce (the “Commerce Department”) issued unpublished rules[1] (the “WeChat Rules”) identifying the transactions prohibited by the August 6, 2020 Executive Order on Addressing the Threat Posed by WeChat[2] (the “WeChat Order”), with such rules largely banning WeChat within the United States. The WeChat Rules Continue reading “Commerce Department Issues, Then Withdraws WeChat Ban Rules; Federal Court Blocks the Ban”

CCPA – “California’s GDPR” Finalized Just Before July 1, 2020 Enforcement Date

U.S. Tech Law Update

July 9, 2020

By: Greg Pilarowski | Alexandra Ashbrook

 I.  Introduction

       Almost a full two years after the California Consumer Protection Act (“CCPA” or the “Act”) was signed into law, California begins its enforcement of the CCPA on July 1, 2020.[1] The CCPA, which came into effect in the beginning of 2020, is one of a few robust state data privacy laws passed in the wake of Europe’s implementation of the General Data Protection Regulation (“GDPR”). Section III of this U.S. Tech Law Update provides a comparative view of the GDPR and California’s finalized CCPA. Continue reading “CCPA – “California’s GDPR” Finalized Just Before July 1, 2020 Enforcement Date”

Paycheck Protection – A Practical Guide to Small Business Loan Provisions of CARES Act

U.S. Tech Law Update

April 3, 2020

By: Greg Pilarowski | Ryan Lee

  1. Introduction

          On March 27, 2020, United States President Donald Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). The CARES Act,[1] passed to combat the devastating economic effects of the Continue reading “Paycheck Protection – A Practical Guide to Small Business Loan Provisions of CARES Act”

California Consumer Privacy Act 2018 – California’s GDPR?

U.S. Tech Law Update

November 6, 2018 

By: Greg Pilarowski | Case Collins | Diana Qiao

1.   Introduction.

On September 23, California’s governor Jerry Brown approved Senate Bill 1121[1] (the “Amendment”), which amends the California Consumer Privacy Act of 2018 (“CCPA” or the “Act”).[2] The CCPA was originally passed in the wake Continue reading “California Consumer Privacy Act 2018 – California’s GDPR?”