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The Writings on the Blackbaud: Lessons from the FTC’s First Standalone Section 5 Unfairness Claim

Berkley Technology Law Journal

Candidate, 2025 In February 2024, the Federal Trade Commission (FTC) broke new ground by bringing its first-ever standalone Section 5 unfairness claims for unreasonable data retention and misleading breach notifications. By Gaurav Lalsinghani, J.D. By then, the attacker had already exfiltrated vast amounts of sensitive customer data.

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The Security ‘Scapegoat?’: When Liability Comes Knocking, CISOs Answer the Call

Berkley Technology Law Journal

Candidate, 2025 No one wants to be left holding the bag after a break-in, but for chief information security officers (CISOs), the risk of liability is ever-present. By Gaurav Lalsinghani, J.D. Tasked with overseeing a firms cybersecurity posture, CISOs stand on the front lines of a corporations digital defense.

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Section 230 and the First Amendment Curtail An Online Videogame Addiction Lawsuit–Angelilli v. Activision

Eric Goldman

Seeking redress, Plaintiffs sued Defendants on the theory that their design decisions and failure to disclose the dangers of their products were the cause of D.G.s Plaintiffs further allege that D.G.s gaming has resulted in serious harm, including emotional distress, lost friends, and problems in school. addiction and Plaintiffs injuries.

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Another TOS Formation Failure in the 9th Circuit–Godun v. JustAnswer

Eric Goldman

The term “advisal” appears 29 times in this opinion, which confused me on two fronts. Important nomenclature note: the panel repeatedly refers to the call-to-action as an “ advisal.” ” The Berman opinion also used this term, but only once. First, the term is not standard for this litigation genre.

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Court Rejects an Attempt to Create a Common-Law Notice-and-Takedown Scheme–Bogard v. TikTok

Eric Goldman

The plaintiffs allege they notified YouTube and TikTok about videos that allegedly violated the services’ rules, and the services didn’t take action on those notifications despite making various promises to do so. These arguments revisit well-trodden legal ground, but the plaintiffs tried a modest innovation. Strict Products Liability.

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A Summary of the Final Amendments to the NYDFS Cyber Rules

Debevoise Data Blog

May 1, 2025: 500.5(a)(2): May 1, 2025: 500.5(a)(2): November 1, 2025: 500.12: MFA requirements; and 500.13(a): Throughout the amendment process, the Department was resolute in promulgating a set of standards for larger companies rather than deferring to those companies to make all risk-based decision-making. April 29, 2024: 500.9:

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Riding the Tide of a PC Upgrade

Legal Tech Monitor

That curiosity rarely collides with practice, though. I recently upgraded our parents’ computer and it gave me a good opportunity to think about my approaches to technology, how to tailor it to the intended use, and how to ignore the technology hype cycle. For one thing, I rarely start with specs as the driver. I do not buy the latest of anything.