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.
More Online Safety Legislation: Preparing for Brazil’s Digital ECA
The wave of online safety regulation is continuing to surge, with Brazil’s recent enactment of Law No. 15,211/2025—the Digital Statute for Children and Adolescents (Digital ECA)—as the latest addition.
The FTC and Utah Attorney General Focus on Online Safety: Takeaways for All Platforms
The Federal Trade Commission and Utah Attorney General recently announced a settlement with Aylo Group Ltd.
Lessons From the FTC’s First Privacy Enforcement Actions During Trump 2.0
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
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.
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.
What to Expect from the FTC in Youth Privacy and Online Safety
Roughly six months since Andrew Ferguson became Chairman of the Federal Trade Commission, an FTC workshop on children’s privacy and online safety has provided a glimpse into the agency’s approach to these issues.
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.
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?
Montana’s Consumer Data Privacy Law Update: SB 297’s Sweeping Changes at a Glance
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.