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June 1st, 2022
Calif. Privacy Agency Unveils Long-Awaited Draft Regulations
Privacy & Data Security Group Chair Daniel M. Goldberg and Privacy & Data Security Associate Maria Nava’s recent blog post on the California Privacy Protection Agency’s (CPPA) proposed regulations to the California Consumer Privacy Act is cited in the article, “Calif. Privacy Agency Unveils Long-Awaited Draft Regulations” published by Law360.
"As expected, the Regs clarify that businesses must recognize Do Not Sell or Share (DNS) opt-out preference signals," Daniel and Maria Nava wrote. "While some privacy professionals have argued that businesses have a choice between posting a DNS link or honoring an opt-out preference signal, the Regs expressly state that interpretation is incorrect."
“However, the new proposal fails to clarify what exactly constitutes a valid opt-out signal, declining to recognize the Global Privacy Control or other technical specifications that have been developed to allow consumers to exercise their opt-out rights across the internet” and "As written, businesses arguably must respond to any signal, which will create compliance hurdles," said Daniel and Maria, adding that the regulations also don't prohibit opt-out signals from being set to "on" by default by a browser, like the new consumer privacy law that was recently enacted in Connecticut does.
Daniel and Maria note, “Under the CPRA regulations, companies that receive an opt-out request also need to notify any downstream third parties to stop selling or sharing the information as well” and "This appears to be a higher burden than currently required under CCPA or the CPRA text, and reemphasizes the need for a signal that can be read by downstream parties."
Lastly, Contracts with third parties "must also expressly require the third-party to check for opt-out signals," they added. If implemented, this and other proposed requirements, including that these agreements "expressly identify" the specific service for which the third party is processing information, would result in contracts with third parties needing to be much more robust, Daniel and Maria said.
Read full article here. (Behind paywall)
Other Quoted
In Suits and Ties, Lawyers Protest Trump’s Attacks on the Legal System
The New York Times quotes Ronald C. Minkoff in its coverage of the May 1, 2025 National Law Day of Action, in which approximately 1,500 people in Manhattan protested the U.S. president’s threats against judges, lawyers and the rule of law. Legal groups organized attorneys across the country to show their opposition to the Trump administration’s defiance of court orders, targeting of law firms, and wrongful deportations. The lawyers reaffirmed their promise to uphold the rule of law and recited the Pledge of Allegiance. Foley Square protest organizers requested that attorneys dress in suits—as if going to court and carry pocket Constitutions. “‘We want people to see that we treat this issue with utmost respect,’ said Ronald C. Minkoff, a defense lawyer and an organizer. ‘This is like the courtroom to us.’” View Article
May 1 2025
Attys Join Nationwide ‘Day Of Action’ Rallies For Rule Of Law
Law360 quotes Ronald C. Minkoff on the thousands of attorneys who rallied across the country on May 1, National Law Day, to publicly oppose the Trump administration’s attack on the rule of law. The article stated, “New York County Lawyers Association vice president and noted legal ethics expert Ron Minkoff of Frankfurt Kurnit Klein & Selz, PC, said the rallies came together fairly organically as bar associations across the country began looking at ways to spotlight the Trump administrations actions against judges and lawyers and then realized National Law Day of Action was just a few weeks away.” Mr. Minkoff stated that he doesn’t normally go to demonstrations but these are things that stir him to action. “’When the ability of lawyers to represent their clients is under threat, that is an attack on one of the pillars of the American system, the American experiment,’ he added.” View article. (Behind paywall)
May 1 2025
Jonah Brill and Spouse Emma Brill Featured on Cardozo Law School Podcast
Jonah Brill and his wife Emma Brill are interviewed on their alma mater’s audio publication SPARKS: A Cardozo School of Law Podcast | Cardozo Law. Having met as first-year law students at the Benjamin N. Cardozo School of Law, they discuss how their law school affected their personal lives and chosen career paths. They share their class recommendations, “insights into the complexities of tax law,” and “lessons learned along the way.” Listen here.
April 8 2025