Published by LawTechie - May 5, 2011 - LawTechie

California’s latest proposed measure (SB 761) would force internet businesses to provide opt out options to consumers who do not want information such as IP addresses, history, etc… tracked. According to Mediapost:

The measure specifically allows consumers to opt out of collection of data relating to the sites they visited, their geolocation, and the time and date of visits, among other items. Consumers would be able to sue companies that disregard the measure for up to $1,000 per violation.

Industry groups disagree…

In a letter sent to Lowenthal last week, opponents say that consumers can already block data collection by directing their browsers to reject third-party cookies. The opponents also argue that the bill isn’t needed because the industry operates a self-regulatory program aimed at notifying consumers about online data collection and allowing them to opt out of receiving ads targeted based on sites they have visited.

On a side note, this proposed bill will be difficult to reconcile with California’s proposal to hire private vendors to track online consumer purchases for tax purposes.

LawTechie is a blog focusing on trends in tech and digital media. Areas covered include intellectual property, cyberlaw, venture capital, transactions and litigation as they relate to the emerging sectors. The blog is edited by the firm's partner Tim Bukher with contributions from the firm's experts in their respective areas of law.


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