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Perkins on Privacy

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Perkins on Privacy

Perkins on Privacy keeps you informed about the latest developments in privacy and data security law. Our insights are provided by Perkins Coie's Privacy & Security practice, recognized by Chambers as a leading firm in the field. 

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September 5, 2025 Artificial Intelligence Regulatory Enforcement Consumer Protection

FTC Files New “AI Washing” Case

On August 25, 2025, the Federal Trade Commission filed a complaint against Air AI, alleging the company and its owners made overblown claims about the availability and capabilities of its artificial intelligence (AI) tools to replace human sales representatives, as well as deceptive claims about the busi

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August 7, 2025 Children’s Privacy Financial Privacy Legislative Developments Marketing Privacy Compliance State Privacy Laws

Connecticut Pierces the GLBA Veil in Overhauling its Omnibus Privacy Law

The Connecticut Governor signed SB 1295 into law on June 25, 2025, again amending the Connecticut Data Privacy Act (CTDPA). 

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Computer Lock Security
July 11, 2025 Content Moderation Online Safety ECPA

Another Take on the TAKE IT DOWN Act

The TAKE IT DOWN Act (the Act), enacted on May 19, 2025, is a powerful (and controversial) new tool designed to stop people from sharing “nonconsensual intimate imagery,” or NCII, online.

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woman typing on a cell phone
June 2, 2025 Content Moderation Privacy Compliance Privacy Litigation ECPA Online Safety

Can Providers Be Sued for Mistaken CSAM Reports? Maybe, Says New Ruling

Can a communications provider be held liable when it reports to the National Center for Missing and Exploited Children (NCMEC) an image the provider believes to be child sexual abuse material based on signals provided by NCMEC? 

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Virtual Landscape
May 28, 2025 State Privacy Laws Children’s Privacy Consumer Protection Artificial Intelligence

Montana’s Consumer Data Privacy Law Update: SB 297’s Sweeping Changes at a Glance

On May 8, 2025, Montana Governor Greg Gianforte signed Senate Bill 297 (SB 297) into law, significantly revising the existing Montana Consumer Data Privacy Act (MCDPA). View blog post
Government
April 11, 2025 Privacy Compliance State Privacy Laws CCPA Artificial Intelligence

CPPA Signals Significant Revisions Ahead

Going into the Friday, April 4, 2025, meeting, the CPPA seemed poised to move forward far-reaching privacy regulations on RAs, cybersecurity audits, and ADMT.

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Supreme Court
December 2, 2024 State Privacy Laws Privacy Compliance Privacy Litigation ECPA

Massachusetts Supreme Court Decision Raises Bar for Website “Wiretap” Suits

In recent months, a wave of lawsuits has swept across the nation, targeting websites for allegedly violating state wiretapping laws through their use of tracking software.

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World Cybersecurity
November 26, 2024 CCPA Privacy Compliance State Privacy Laws Artificial Intelligence Data Security

Fasten Your Seatbelts: CPPA Proposes Rules on Automated Decision-Making and Cybersecurity Audits and Finalizes Data Broker Regulations

After much anticipation, on November 8, the California Privacy Protection Agency (CPPA) Board voted to advance proposed regulations for insurance, cybersecurity audits, risk assessments, and automated decision-making technology (ADMT) to formal rulemaking. 

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Artificial Intelligence Robotics Wave
November 6, 2024 Artificial Intelligence

California Governor Signs a Raft of AI and Privacy Bills

California’s legislative session came to a close with the adoption of a torrent of bills concerning artificial intelligence (AI) as well as updates to the state’s broad consumer privacy law, the California Consumer Privacy Act (CCPA). Conversely, other AI and privacy legislation did not make it out of the legislature or was vetoed. In all, Governor Newsom signed over a dozen AI and privacy bills, while vetoing a handful. Below we summarize some of the most notable AI and privacy bills enacted and vetoed. View blog post
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November 1, 2024 Marketing Consumer Protection

Supreme Court To Review FCC Authority Over Junk Faxes

In what is shaping up to be an increasingly active term for judicial scrutiny of agency deference, the U.S. Supreme Court granted certiorari in McLaughlin Chiropractic Assoc. v. McKesson Corp., No. 23-1226 (U.S. Oct. 4, 2024)—a case which appears primed to address how much deference federal courts must give to agency interpretations of the law. View blog post
Artificial Intelligence Brain Compute
October 7, 2024 Artificial Intelligence

AB 2013: New California AI Law Mandates Disclosure of GenAI Training Data

In the last 30 days, California Governor Gavin Newsom signed 17 artificial intelligence (AI) bills and vetoed AI safety bill SB 1047. One of the AI-related bills signed into law, AB 2013 “Generative Artificial Intelligence: Training Data Transparency,” imposes new disclosure requirements on the developers of generative artificial intelligence (GenAI) systems and services that are made available to Californians. View blog post
Columns
October 7, 2024 Artificial Intelligence

Implications of California Governor Newsom’s Veto of AI Safety Bill SB 1047

Governor Gavin Newsom has vetoed SB 1047, the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act, marking a significant development in California’s approach to AI regulation. Both the tech industry and policymakers had closely watched the bill due to its potential impact on the development and deployment of frontier AI models. View blog post
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July 25, 2024 CCPA Regulatory Enforcement Artificial Intelligence

CPPA Regulatory Delays and Enforcement Updates: Takeaways from July Board Meeting

On July 16, the California Privacy Protection Agency (CPPA) held a public meeting of its Board (the Board). View blog post
Gavel on desk in courtroom
October 17, 2023 Artificial Intelligence

Generative AI: How Existing Regulation May Apply to AI-Generated Harmful Content

Among the many open questions about large-language models (LLMs) and generative artificial intelligence (AI) are the legal risks that may result from AI-generated content. 

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supreme court building
September 27, 2023 ECPA

NJ Supreme Court: Wiretap Order Required for Prospective Online Communications

The Supreme Court of New Jersey unanimously held that a wiretap order is required to seek "prospective electronically stored information" from Meta Platforms, Inc., the provider of the Facebook and Instagram services. View blog post
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