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Areas of Interest
June 22nd, 2022
Calif. Privacy Agency Signals Strength With Rules Proposal
Privacy & Data Security Chair Daniel M. Goldberg is quoted in the article, “Calif. Privacy Agency Signals Strength With Rules Proposal” published by Law360. The article discusses the California Privacy Protection Agency’s first draft of its regulations for the California Privacy Rights Act, a strengthened version of the state's Consumer Privacy Act set to take effect in January 2023. Daniel is quoted saying, "The regulations, as written, impose highly technical contractual and disclosure obligations that differ fundamentally from other privacy laws and will confuse businesses and consumers" and "I hope the CPPA will reduce many of these technical requirements in the next round."
The proposed regulation's mandate that businesses have a process for responding to global opt-out digital signals. Daniel says, “As it's currently drafted, the requirement is way too broad, and there are not enough qualifiers or explanations about what signals need to be recognized."
Daniel concludes by saying, "The purpose of privacy laws like CPRA is to provide individuals with more information about and choice around how their information is being used" and "Where things go wrong is when there are a lot of technicalities and granularities that require businesses to make even more disclosures that may not necessarily help consumers."
Read the full article here. (Behind paywall)
Other Quoted
An Influencer Gained Followers as She Documented Her Weight Loss. Then She Revealed She Was on a GLP-1
Hannah E. Taylor is quoted in The Wall Street Journal about social media influencer Janelle Rohner, who shared her weight loss progression with diet and lifestyle tips, selling a paid course on nutrition. When Ms. Rohner posted she was taking a medication used for weight reduction and diabetes, her critics questioned her the legality of her advertising and e-commerce. The article stated, “Hannah Taylor, deputy managing partner and a partner in the advertising, marketing and public relations group at law firm Frankfurt Kurnit Klein & Selz, said proving an influencer acted fraudulently is a high bar because many jurisdictions require showing that the defendant had an intent to deceive. False advertising is typically easier to prove. Taylor said if someone had purchased the course believing that it led to Rohner’s weight loss, when in fact the medicine was the cause, that could be a material omission that could subject the influencer to false advertising liability.” View article.
May 30 2025
Mubi’s $24M Bet Just Made Agents Bullish Again. Here’s Why
Hayden Goldblatt is quoted in The Ankler article on Mubi’s purchase of Lynne Ramsay's film, “Die, My Love,” and what it meant for the Cannes market. He’s interviewed on “the real lessons from Cannes.” View article. (Behind paywall)
May 27 2025
A Federal Judge Ordered OpenAI to Stop Deleting Data
Daniel M. Goldberg is quoted in an Adweek article, which reported that a federal judge has ordered OpenAI to stop deleting output data from ChatGPT. This was part of The New York Times lawsuit, alleging OpenAI engaged in copyright infringement “by using ‘millions’ of articles published by the newspaper to train its AI model, which now directly competes with the Times’ content as a result.” The judge’s order seeks to preserve evidence in the Times’ case. Mr. Goldberg addressed mulitple implications of the order, which requires OpenAI to hold more data than they normally would. "That could make OpenAI more susceptible to security breaches, or shake the trust of consumers who expected their chatbot records to be deleted. There are also potential implications regarding energy use, storage and environmental impact that the judge may not have considered when making the order, Goldberg said." He also noted the order would trigger people's concerns about what it means for working with large tecnology providers.
May 21 2025