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May 12th, 2022
Connecticut Privacy Law Adds Stitch to Confusing Legal Patchwork
Privacy & Data Security Group Chair Daniel M. Goldberg and Privacy & Data Security Associate Maria Nava are quoted in the article, “Connecticut Privacy Law Adds Stitch to Confusing Legal Patchwork” published by Bloomberg Law. The article discusses Connecticut’s newly enacted consumer privacy law which gives Connecticut residents the right to opt out of the processing and sale of their personal data and the right to ask that it be deleted while requiring companies to limit collecting personal data. With Connecticut being the fifth state to pass consumer privacy legislation after California, Virginia, Colorado, and Utah, the growing national patchwork complicates business compliance. Daniel is quoted saying, “Putting the laws into practice—making consumers’ rights easily accessible, for example—is another major problem stemming from the country’s patchwork system.” California, Colorado, and Connecticut require businesses to honor universal opt-out signals, while Utah and Virginia do not require those universal opt-outs. Daniel says, “Adding functionality for that type of tool to websites can be a challenge, especially with such differences” and “This is one area where I’m hopeful California will clarify specifics with regulations, and there’s a good chance other states could follow suit.”
With respect to children’s data, the Connecticut law requires opt-in consent for the processing of children’s sensitive data and requires that the processing be done in accordance with the federal Children’s Online Privacy Protection Act, which applies to those under 13. It goes further by prohibiting companies from processing the data of minors known to be ages 13 to 16 for purposes of targeted advertising and from selling it without consent. Maria says, “The new law defines ‘biometric data’ in a similar fashion to Virginia and Utah, which isn’t as comprehensive as the definition in California’s statute” and “There are exceptions in the law that weren’t originally in the bill, like photographs and audio recordings.”
Unlike the California Privacy Rights Act, which created a standalone privacy agency tasked with rulemaking, the Connecticut measure doesn’t establish a regulator or call for rules. The Connecticut attorney general isn’t tasked with rulemaking, as is the case in Colorado. Daniel says, “But it does convene a task force in the General Assembly where the topics for exploration range from algorithmic decision-making to children’s privacy.” He concludes by saying, “The findings could be considered for future tweaks or future laws.”
Read the full article here.
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