Author Archives: John DiGiacomo

Understanding Product Liability Law for Ecommerce Merchants

Understanding Product Liability Law for Ecommerce Merchants

Internet Law

Introduction Being an ecommerce merchant is hard; you have to keep an eye on your advertising spend, control your inventory, and make sure your customers are happy. Additionally, you also have to navigate a complex landscape of legal responsibilities. One of these areas, which is often overlooked, is product liability. Product liability law holds manufacturers, […]

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Understanding the Role of Internet Privacy Attorneys: Key Issues They Handle

Understanding the Role of Internet Privacy Attorneys: Key Issues They Handle

Internet Law

Introduction In our increasingly digital world, the significance of internet privacy is paramount. Internet privacy attorneys are essential in safeguarding the rights of individuals and organizations against various privacy-related challenges. This blog post delves into the key issues these attorneys address. Data Breaches and Cybersecurity Data breaches occur when sensitive information is accessed or disclosed […]

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Understanding Trap and Trace Lawsuits Under the California Invasion of Privacy Act

Understanding Trap and Trace Lawsuits Under the California Invasion of Privacy Act

Internet Law

In recent years, there has been a surge in lawsuits filed under the California Invasion of Privacy Act (CIPA), particularly focusing on the “trap and trace” provisions. These lawsuits often target businesses for allegedly using tracking technologies on their websites. However, many of these claims are considered frivolous and lack substantial legal grounding. In this […]

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California: Retailers Must Warn That Digital Goods Can Be Taken Away

California: Retailers Must Warn That Digital Goods Can Be Taken Away

Internet Law

California Assembly Bill No. 2426, recently enacted into law, introduces significant amendments to the Business and Professions Code, specifically targeting consumer protection against false advertising in the realm of digital goods. This legislation, approved by the Governor on September 24, 2024, aims to address the misleading practices often associated with the sale of digital goods, […]

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E-Commerce Package Protection May Violate Insurance Law

E-Commerce Package Protection May Violate Insurance Law

Internet Law

E-commerce business owners often look for ways to increase their cart size to in turn increase the revenue of their business. Many resort to adding package protection, a form of warranty or guaranty that a package will arrive undamaged. However, many of these package protection products may run afoul of state insurance law. E-commerce merchant […]

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Challenges in Protecting Children’s Online Privacy: COPPA and TikTok

Challenges in Protecting Children’s Online Privacy: COPPA and TikTok

Internet Law

Protecting the privacy of children’s online personal data is complicated and challenging. The problems are made more difficult by the fact that, seemingly, children are happy to skirt and evade the various efforts made by online platforms to protect their privacy and by the fact that data collection businesses are happy if those efforts succeed. […]

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How to Know if Your State’s Consumer Data Protection Act is Strong or Weak

How to Know if Your State’s Consumer Data Protection Act is Strong or Weak

Internet Law

About twenty States around the country have enacted some version of a consumer data privacy or protection statute. Six such statutes were enacted in 2024, with another six slated for legislative action going into the next year. When a new consumer data protection statute is passed for consumers and businesses, among the first questions asked […]

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NIL and Trade Dress Rights: Rapper T.I. and Tiny Harris Win $71 Million In O.M.G. Doll Infringement Case

NIL and Trade Dress Rights: Rapper T.I. and Tiny Harris Win $71 Million In O.M.G. Doll Infringement Case

Trademark

Name, image, and likeness (“NIL”) rights have been a “hot” topic lately. However, the focus seems to be on sports celebrities, particularly college and high school sports athletes. However, NIL and publicity rights have always applied to a much broader range of celebrities and personalities. For example, as reported here, musician and rapper Clifford “T.I.” […]

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Do AI Programs Store or Memorize Personal Data? German Regulator Says “No”

Do AI Programs Store or Memorize Personal Data? German Regulator Says “No”

Internet Law

There are several ongoing legal controversies relating to AI computer software models — such as Chatbot — and whether the training and output of such models violate copyright laws and data privacy laws and endanger personal and social freedoms. We wrote recently about the pending case of Andersen v. Stability AI, Ltd. (N.Dist. Cal.) involving […]

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