In Federal Trade Commission v. LeadClick Media, LLC, 2016 U.S. App. LEXIS 17383 (2nd Cir. 2016), the Second Circuit recently held that an affiliate marketing network provider could be subjected to liability under the Federal Trade Commission Act (“FTC Act”) for deceptive marketing materials published by the affiliates. It also concluded that Section 230 of the Communications Decency Act (“CDA”) did not immunize the network provider from liability. In doing so, the Second Circuit emphasized that the network provider had knowledge of and the authority to control the content of the affiliate websites. This ruling could increase the exposure of internet businesses to liability for deceptive acts or practices engaged in by third-party vendors or independent contractors.
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James Chadwick
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California Enacts New Data Privacy Laws
By James Chadwick & Rachel Tarko Hudson on
Posted in Privacy, Social Media
As part of a flurry of new privacy legislation, California Governor Jerry Brown signed two new data privacy bills into law on September 27, 2013: S.B. 46 amending California’s data security breach notification law and A.B. 370 regarding disclosure of “do not track” and other tracking practices in online privacy policies. Both laws will come into effect on January 1, 2014.
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