TECHNOLOGY, OUTSOURCING, AND COMMERCIAL TRANSACTIONS
NEWS FOR LAWYERS AND SOURCING PROFESSIONALS

As our loyal Tech & Sourcing readers know, we have been doing our best to keep you informed about the requirements of the California Consumer Privacy Act (CCPA) and what you can do to prepare as its January 1, 2020, effective date draws near. Continuing that vein, we invite you to an upcoming webinar wherein Morgan Lewis partners Reese Hirsch, Mark Krotoski, and Carla Oakley and associate Kristin Hadgis will provide an overview of the latest amendments to the CCPA, the state of the law and related regulations, and practical perspectives on CCPA compliance.

The Morgan Lewis team will discuss the following topics:

  • The new one-year exemption for employee data*
  • The new one-year exemption for B2B communications*
  • Other new amendments, including those related to the use of toll-free numbers and verifiable consumer requests*
  • Failed amendments and other issues to watch
  • Status of California attorney general regulations and a possible new ballot initiative
  • Other state laws influenced by the CCPA
  • Preparing for the January 1 effective date and 2020 enforcement date

We hope you will join us for the one-hour webinar on Tuesday, October 22 at 1:00 pm ET.

Register for the webinar now >

For a primer in advance of the webinar, catch up on our previous posts on the CCPA and recently proposed amendments, and check out the Morgan Lewis CCPA Resource Center for more.

*Indicates an amendment to the CCPA that has passed the California Legislature but, as of this writing, has not yet been signed into law by Governor Gavin Newsom.

The New York State Assembly on June 17 passed the Stop Hacks and Improve Electronic Data Security (SHIELD) Act, following approval in the State Senate on June 5.

On June 5, 2017, the Supreme Court of the United States granted certiorari in Carpenter v. United States, a case in which the court will assess and decide the extent of the Fourth Amendment’s protection against a warrantless search and seizure of cell-site-location information (CSLI), which includes the GPS coordinates of each cell tower and the dates and times any cell phone connects to it.

Background

In Carpenter, the FBI obtained CSLI from wireless carriers linked to suspect Timothy Carpenter’s cell phone in an attempt to place him at the sites of several robberies. However, the CSLI obtained was not only for those dates and times of the known robberies, but also included months of records detailing every location from which Carpenter made a call—and all of this was obtained without a warrant.

Carpenter, who is represented by the American Civil Liberties Union (ACLU), argues that his Fourth Amendment rights were violated when the FBI obtained the CSLI without a warrant. However, the FBI relied on the “third-party doctrine,” a legal theory used by law enforcement to access personal data without having to demonstrate probable cause. This would allow access to certain information collected by private businesses for providing services to customers without constituting a “search.”