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In Hearing, Judge Seemed Torn on NetChoice’s Renewed First Amendment Attack on California’s Age-Appropriate Design Code
January 24, 2025
In a hearing yesterday on NetChoice’s second motion for a preliminary injunction against California’s Age-Appropriate Design Code (CAADC), Judge Beth Labson Freeman appeared far more skeptical of the trade association’s First Amendment arguments than the first time she ruled on the constitutionality of the law.
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Age Assurance
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Platform Accountability & Governance
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Platform Governance Laws & Regulations
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Privacy Laws
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Section 230
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The First Amendment
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U.S. State Privacy Laws
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Analysis
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The State Data Privacy Act: A Proposed Model State Privacy Bill
September 25, 2024
In our State Data Privacy Act, we set forth a compromise bill built on existing state laws that meaningfully protects privacy while encouraging innovation.
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Consumer Privacy
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Data Minimization
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Privacy Laws
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U.S. State Privacy Laws
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Analysis
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Update: Tracking of Real Algorithmic Harms in California as CCPA Enforcement Begins
August 8, 2024
As part of our project Assessing the Assessments—supported by the Rose Foundation—EPIC has continued to track instances of specific AI harms to consumers relevant to enforcement of the California Consumer Privacy Act. These examples are listed below with the setting and application of the system, a real illustration of the harm that occurred, and what types of harm are done to consumers. EPIC has previously tracked these types of harms under its ongoing Assessing the Assessments project and will continue to track them in the future.
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Artificial Intelligence and Human Rights
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Commercial AI Use
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Consumer Privacy
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Privacy Laws
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U.S. State Privacy Laws
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Analysis
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Far From a Punt, SCOTUS’s NetChoice Decision Crushes Big Tech’s Big Litigation Dreams
July 16, 2024
The Supreme Court's decision in the NetChoice cases is a huge blow to Big Tech’s litigation strategy of requesting the broadest possible relief from regulation based on nothing more than vibes.
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Children's Privacy
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Data Protection
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Platform Accountability & Governance
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Platform Governance Laws & Regulations
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Privacy Laws
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The First Amendment
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U.S. State Privacy Laws
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Analysis
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Data minimization is the key to a meaningful privacy law
May 9, 2024
This is the sixth blog post in EPIC’s series on Data Minimization. We have previously discussed data minimization as a framework to curb harmful commercial surveillance practices, harms that stem from out of context secondary data uses, data minimization as a pillar of data security, data minimization as a tool to protect health data privacy, and data minimization as a way to regulate surveillance advertising. This post discusses existing data minimization rules in state and federal laws.
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Consumer Privacy
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Data Brokers
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Data Minimization
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Privacy Laws
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U.S. Privacy Laws
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U.S. State Privacy Laws
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Analysis
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Congress Re-enters the Debate on Data Minimization with APRA
April 9, 2024
This week a new federal privacy bill, the American Privacy Rights Act of 2024, was announced by Senate Commerce Committee Chair Maria Cantwell (D-WA) and House Energy and Commerce Committee Chair Cathy McMorris-Rodgers (R-WA).
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Consumer Privacy
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Data Minimization
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Privacy Laws
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Proposed U.S. Legislation
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U.S. State Privacy Laws
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Analysis
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Alive and Kicking: Washington State’s My Health My Data Act Goes into Effect Today
April 1, 2024
Today Washington State’s landmark My Health My Data Act (MHMD) goes into effect, marking a new chapter in state regulation of health data. In an age where more and more of our health-related data is being managed through apps, devices, and online services, MHMD imposes strict privacy obligations on companies and creates a private right of action to bolster enforcement.
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Cybersecurity
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Data Protection
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Data Security
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Health and Reproductive Privacy
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Privacy Laws
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U.S. State Privacy Laws
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Analysis
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NetChoice v. Bonta: An exacting level of scrutiny no privacy law could survive
January 15, 2024
The AADC should have passed First Amendment scrutiny. But the judge in Bonta said that none of its challenged provisions did. Whatever test the judge applied is a poor fit for assessing the speech interests at issue in the case.
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Children's Privacy
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Data Protection
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Privacy Laws
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Proposed U.S. Legislation
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U.S. State Privacy Laws
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Analysis
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Tracking Real Algorithmic Harms in California as CCPA Obligations Near
October 31, 2023
As part of our project Assessing the Assessments—supported by the Rose Foundation—EPIC will endeavor to track instances of specific AI harms relevant to enforcement of the California Consumer Privacy Act. These instances are listed below with the setting and application of the system, a real example of that harm happening, and what types of harm are done.
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Artificial Intelligence and Human Rights
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Commercial AI Use
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Consumer Privacy
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U.S. State Privacy Laws
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Analysis
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NetChoice v. Bonta: The Case That Threatens the Future of Privacy
October 19, 2023
Last month, a California district court judge enjoined enforcement of the state’s Age-Appropriate Design Code, or AADC, based on a dangerously overbroad reading of the First Amendment. The weaponization of the constitution in NetChoice v. Bonta should raise alarms for all privacy and consumer protection advocates.
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AI Policy
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Artificial Intelligence and Human Rights
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Children's Privacy
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Data Protection
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Enforcement of Privacy Laws
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Location Tracking
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Privacy Laws
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Student Privacy
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U.S. State Privacy Laws
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Analysis
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