As we had previously blogged, the FTC in guidance following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health indicated that it would aggressively wield its enforcement authority in relation to deceptive statements about location privacy, particularly in the context of what the FTC called “the often shadowy ad tech and data broker ecosystem.” The FTC voiced particular concern about unbeknownst tracking or selling of sensitive location data,… More
Monthly Archives: August 2022
Federalism Rankles National Privacy Debate: California Weighs in on the proposed American Data Protection and Privacy Act
As states have continued to debate and pass new comprehensive privacy statutes – such as those in Virginia and Colorado – a common refrain from business leaders is the need for a comprehensive federal privacy statute that will lessen the need to comply with a patchwork of state laws. Indeed, the absence of serious privacy protections at the federal level – something akin to PIPEDA in Canada or the GDPR in Europe – has long spurred states to act as online data gathering and brokering has grown and advanced well beyond what most extant federal law contemplates. … More
SEC and DOJ Bring First-Ever Crypto Insider Trading Actions
Key Takeaways:
- The U.S. Securities and Exchange Commission (“SEC”) and U.S. Department of Justice (“DOJ”) have brought the first-ever insider trading actions involving cryptocurrency against a former manager of Coinbase, one of the largest U.S. crypto asset trading platforms, and two tippees for sharing or trading upon confidential information relating to the planned listing of various cryptocurrencies on Coinbase.
- The SEC’s securities fraud charges are based on its longstanding position that certain cryptocurrencies are investment contracts and therefore “securities” subject to the SEC’s jurisdiction.…