Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Intellectual Property StrategistFeaturesIntellectual Property

Second Circuit Examines Factors for 'Future Injury' from Personal Information Disclosure

By Stephen M. Kramarsky and John R. Millson
July 01, 2021

Electronic communication and data storage have become integral to almost every aspect of our business and personal lives. Email communication, content streaming, social media, online commerce and a host of other services — along with the associated data collection and sharing — are so much a part of modern life that we often forget that the underlying digital infrastructure even exists, at least until it fails.

But that ubiquity comes with some associated risk. Each interconnected service we use increases our digital "footprint" — the trove of information about us (accurate or not) that is available online. In some cases we may explicitly agree to share that information, in others it may be collected without our knowledge, but absent extraordinary measures, information about us is constantly being collected, stored, indexed and shared. This includes not only personally identifiable information (PII) such as names, addresses, dates of birth and Social Security numbers, but also associated demographic and preference profiles, built up through the tracking of Web activity, online commerce, or even geolocation. While PII is often explicitly protected by laws or regulations, the associated profile data generally is not, and that information is often freely shared among connected services. This may be unsettling, but it is not illegal — it's simply part of the bargain we have made as an online society.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.