Suits Against Google Signal Increased ‘Dark Patterns’ Scrutiny
*This article first appeared on Law360 on June 16, 2022
Pending lawsuits against Google LLC illustrate how regulators and plaintiffs lawyers are increasingly wielding a dark patterns theory in challenging companies’ practices involving consumers.
The attorneys general of Washington, D.C., Washington state, Texas and Indiana all filed complaints against Google, alleging that the company tricks consumers into providing their location data, on Jan. 24. (more…)
Spotlight on Women in Privacy – Hattie Davison
Hattie Davison, UK Government, Department for Digital, Culture, Media and Sport, Head of Data Reform Policy (more…)
UK Consults on Algorithmic Processing
Algorithms touch upon multiple aspects of digital life, and their use potentially falls within several separate – though converging – regulatory systems. More than ever, a ‘joined up’ approach is required to assess them, and the UK’s main regulators are working together to try to formulate a coherent policy, setting an interesting example that could be a template for global approaches to digital regulation. (more…)
Data Regulation Ramps Up in Europe: DMA, DSA, and the UK Online Safety Bill
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Since the EU announced its Digital and Data Strategy in February 2020, the European Commission has released several legislative proposals to regulate digital platforms and services, including with respect to access and the use of data. Included within the proposals are the Digital Markets Act (DMA) and the Digital Services Act (DSA).
The Digital Markets Act Is Almost Here: 10 Things to Know About the EU’s New Rules for Big Tech
As regulators around the world fiercely debate new ways to oversee competition in the digital sector, the EU is on the brink of formally approving a landmark new law. The Digital Markets Act (DMA) will impose a stringent regulatory regime on large online platforms (so-called “gatekeepers”) and give the European Commission (Commission) new enforcement powers, including an ability to impose severe fines and remedies for noncompliance.
Once it comes into force, the DMA is set to revolutionize the way in which so-called Big Tech is regulated in the EU, shifting toward ex-ante rulemaking and away from traditional after-the-fact enforcement. Given the far-reaching nature of the DMA obligations, their effects will likely be felt globally.
There is a lot to digest, so below is our breakdown of the top 10 key points you should know about the EU’s new rules. (more…)
Blockchain Tracing: The U.S. Government’s Newest Tool to Combat Foreign Crime
On May 13, 2022, U.S. Magistrate Judge Zia M. Faruqui of the District of Columbia took the unusual step of unsealing and issuing a Memorandum Opinion captioned “In Re: Criminal Complaint” to explain the court’s conclusion that probable cause existed to authorize a federal criminal complaint against an individual for transmitting over $10 million worth of bitcoin between the United States and an Office of Foreign Assets Control–sanctioned nation, violating the International Emergency Economic Powers Act (IEEPA) and defrauding the United States, in violation of 18 U.S.C. § 371.
Data Matters: The Declaration for the Future of the Internet
On April 28, 2022, the White House announced, in partnership with 60 global partners, the launch of the Declaration for the Future of the Internet, also known as the “DFI.”
According to the White House briefing, the Declaration sets forth the shared principles regarding how parties should comport themselves with respect to the Internet, the digital ecosystem, and the digital economy. The Declaration affirms that the signatories are committed to defending the Internet, to governing it by a multi-stakeholder approach, and to promoting an open, free, global, interoperable, reliable, and secure Internet for the world. The State Department’s newly formed Bureau of Cyberspace and Digital Policy put out a nearly identical statement. (more…)
Digital Health Industry Take Note: New HIPAA Comment Opportunity and Guidance Addresses Growing Risk of Cybersecurity Attacks
Digital health companies should take note of new data privacy and security developments under the Health Insurance Portability and Accountability Act (HIPAA) that can affect product planning and customer negotiations.
The U.S. Department of Health and Human Services Office for Civil Rights (OCR) has released a request for information (RFI) seeking input on (1) how covered entities implement recognized security practices, which OCR considers in enforcement matters and (2) the different types of harm that individuals experience from HIPAA violations in order to consider how OCR may share enforcement recoveries with individuals harmed. Digital health companies subject to HIPAA should consider submitting comments by the June deadline to ensure that the evolving digital health industry has a voice in establishing industry best practices and advocating for continued flexibility in the implementation of security standards that suit their unique business needs distinct from traditional covered entities and business associates. (more…)
CISA: “We don’t stab the wounded.”
Jen Easterly, Director of the U.S. Cybersecurity and Infrastructure Security Agency (“CISA”), repeatedly emphasizes CISA’s cooperative approach with the U.S. private sector. During her interview with Sidley’s Alan Raul on April 13, 2022, Easterly emphasized that CISA’s role was not to “name, blame, shame, or stab the wounded” victims of cybersecurity incidents. Instead, she described the Agency as a coequal partner with the private sector in securing U.S. infrastructure. CISA desires to partner with other agencies as well, operating as the “front door” to federal agency support and cyber security resources, she stated. During the Raul interview, she also provided insight into the Agency’s perspective on the newly enacted Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA). (more…)
EU Data Governance Act – Edging Closer to a European Single Market for Data
On 6 April 2022, the European Parliament formally approved the Data Governance Act (“DGA”), which establishes a legal framework to promote the availability of data and increase trust in data sharing across sectors in the EU. Some of the key objectives of the new legislation include enabling the re-use of certain categories of protected public sector data and making it easier and safer for citizens and businesses to share their data with relevant stakeholders. (more…)