Apr. 7, 2021

Did Clubhouse Sacrifice Privacy for Innovation? How to Find the Balance 

Invite-only conversation app Clubhouse has enjoyed a meteoric rise in popularity during the pandemic. In less than a year on the market, however, it is also already facing a regulatory investigation and fallout from an exploited data leak. We spoke to Maropost chief privacy and security officer Dennis Dayman, who also serves on DHS' Data Privacy and Integrity Advisory Committee, about the privacy and security issues with the Clubhouse app and how companies eager to enter the market can balance those concerns with innovation. See “The Intelligent Workplace in the Age of a Pandemic: Balancing Innovation and Risk” (Oct. 28, 2020).

Behind the Scenes: California AG’s Non-Public CCPA Inquiries

Out of public view, California’s Office of the Attorney General (OAG) has been actively enforcing the CCPA. A group of attorneys who handle CCPA matters shared their experiences and observations from addressing these private inquiries during a session at a recent Interactive Advertising Bureau meeting. This article distills their accounts of the OAG’s apparent priorities and approaches to enforcing the law’s key requirements for companies, including Do Not Sell and consumer notice at collection. See our two-part series on the CCPA and online ads: “Facebook Finally Acts, AG Starts Enforcement” (Jul. 29, 2020); “Contract and Compliance Consequences” (Aug. 5, 2020).

Former Twitter and eBay Counsel Talks Overblown Fears, Third-Party Data Management, and CDA Section 230

In the privacy and security world, there is “an underlying constant fear that is becoming more prevalent and driving very expensive solutions for things that are not necessarily needed,” Tod Cohen, a partner at O’Melveny & Myers, told the Cybersecurity Law Report. The former deputy GC of Twitter and eBay and GC of StubHub discussed where the real risks are and the importance of a “consequence assessment,” the difficulty of controlling data when it goes to third parties, his experience with negotiating Twitter’s GDPR fine, and where platform liability is heading. See “Disputed Twitter Fine Offers Breach Response Lessons” (Jan. 20, 2021).

Covington Welcomes Back Former FTC Bureau of Consumer Protection Director  

Former Director of the Bureau of Consumer Protection at the FTC Andrew Smith has rejoined Covington as a partner in the firm’s advertising and consumer protection, and data privacy and cybersecurity practices in Washington, D.C.  For insight from Covington, see our two-part series on getting started with CMMC: “Understanding Goals, Requirements and Challenges” (Jan. 27, 2021); “How to Prepare and What to Expect From the Assessment” (Feb. 3, 2021).