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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
Challenges in Opt-Out Design and Children’s Privacy Highlighted by Sling TV’s Settlement With California AG
Cybersecurity Law Report quoted Daniel Goldberg regarding California AG Rob Bonta's $530,000 settlement with Sling TV for CCPA violations related to opt-out processes and children's privacy protections. Goldberg noted this is "the first CCPA settlement involving a connected TV" and indicates that connected TV is now a priority for privacy enforcement. Goldberg predicted future settlements are more likely to reach seven or eight figures as investigations progress. He explained that companies struggle to operationalize opt-outs across different platforms because many rely heavily on consent management platform vendors that often cover only cookie-based activity and don't connect to the backend systems that actually drive targeted advertising.
On children's privacy, Goldberg highlighted the CA AG's aggressive stance, noting that although Sling TV didn't collect age data, the AG concluded they still had knowledge of minors through child-directed channels, notifications from programmers, demographic inferences purchased from data brokers, and ad-targeting segments that included children. He observed this "arguably expands the notion of 'actual knowledge' under the CCPA." Goldberg advises companies to map out data flows and opt-out signals across every environment and audit vendor configurations to ensure the tools actually work. Read the full article on children’s privacy protections here. (Behind a paywall)
December 1 2025
Game companies must be flexible to comply with changing laws
Emma Smizer was recently featured as a panelist at GamesBeat Next 2025 and quoted in a GamesBeat article discussing global regulatory compliance and its impact on the gaming industry. The panel examined how evolving policy frameworks create new opportunities for developers and platforms navigating global markets.
Smizer addressed compliance challenges under emerging laws, specifically citing the Texas App Store Accountability Act. She noted that this kind of legislation changes how developers and platforms interact with users: “App stores have to do this age verification, but so do software and hardware developers. Global compliance is complicated, even just across the states… We’re moving toward a world where you can’t just be willfully ignorant about the age of your users.”
Her analysis emphasizes a growing trend that age verification and child safety requirements are not only regulatory hurdles but also can create opportunities and growth for businesses and sectors. Read the full summary of the panel here.
November 25 2025
Copyright Guide or Policy Change? Project Divides IP Attys
Law360 quoted Jacqueline Charlesworth on the controversy surrounding the American Law Institute’s copyright restatement project. Ms. Charlesworth criticized the initiative as advancing a “revisionist theory” that could weaken copyright protections. She was among nearly two dozen advisers who resigned from the project, signaling deep concerns about its direction.
The article highlights a broader debate within the IP community: whether the restatement simply clarifies existing law or attempts to reshape policy in favor of users. Ms. Charlesworth’s perspective emphasizes the stakes for rights holders as courts and practitioners consider how much influence the restatement may carry. Read the Law360 article about the copyright restatement project here.
November 19 2025
