Perkins on Privacy
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.
New Jersey Appellate Court Sets Constitutional Limits on Tower Dump Warrants
Earlier this month an appellate court in New Jersey issued an opinion in State v. Bryant, holding that tower dumps are Fourth Amendment searches that require particularized warrants supported by probable cause.
NetChoice Challenge of Maryland Kids Code Moves Forward: Motion To Dismiss Denied
On November 24, 2025, trade association NetChoice secured a win in its constitutional challenge to Maryland's Age-Appropriate Design Code Act (Kids Code or Act) when the U.S. District Court for the District of Maryland denied a motion to dismiss.
SEC Dismisses Cyber Disclosure Case Against SolarWinds and CISO
Key Takeaways
- The SEC’s agreement with defendants to dismiss, with prejudice, its case against SolarWinds Corporation (SolarWinds) and its chief information security officer (CISO) signals a retreat from aggressive, novel enforcement theories in cybersecurity disclosure cases.
- Although technical cybersecurity violations without investor harm
Preparing for the California Cyber Audit Regulations
On September 23, 2025, the California Privacy Protection Agency confirmed that their cyber audit regulations will at long last go into effect on January 1, 2026.
You can be forgiven for losing track since these were first proposed in September 2023, but now is the time to start considering how they will apply to your company and budgeting for that impact.
2025 Breach Notification Law Update
State Updates, Security Mandates, and the Federal Regulatory Horizon
VPPA Litigation Update: California’s Ruling in Video Game Context, D.C. Circuit’s Take on Consumer Definition
Can buying a video game on a website using pixel technology make you a Video Privacy Protection Act (VPPA) plaintiff?
Texas Broadens State’s TCPA Rules and Increases Litigation Risks for Marketers
Texas has enacted amendments to its state version of the federal Telephone Consumer Protection Act (Tex. Bus. & Comm.
Mid-Year Recap: State Consumer Privacy Laws
With 2025 more than half over and many state legislatures adjourned for the year, we look back at significant legislative developments concerning state comprehensive consumer privacy laws.
Free Speech Coalition v. Paxton: What the Supreme Court’s Age Verification Decision Could Mean for All Websites—Not Just Adult Ones
On June 27, 2025, the United States Supreme Court weighed in on the ongoing debate about age verification requirements for websites, holding that it is constitutional for a state to require websites that have a significant portion of adult content to implement commercial age verification systems.
Colorado Expands Reach of Obligations for Processing Biometric Identifiers and Biometric Data
On July 1, 2025, amendments to the Colorado Privacy Act and CPA rules will take effect, significantly expanding the scope of requirements for businesses that control or process biometric identifiers and biometric data. The amendments expand the scope of the law by imposing certain requirements on employers when they collect biometric identifiers or biometric data from their employees (incl
Don’t Mind If I Do: Montana Says Hands Off Neural Data
In May 2025, Montana enacted Senate Bill 163 (SB 163), amending that state’s Genetic Information Privacy Act (MGIPA) to include protections for neurotechnology data—namely, data collected from the activity of the central or peripheral nervous system.
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?
Privacy Law Recap 2024: Class Actions and Mass Arbitrations
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.
