BW INSIGHTS

CIPA Shakedown Letters: What Every Business with a Website Needs to Know

Businesses across the country are receiving demand letters alleging that their websites violate California’s decades-old wiretapping law -- the California Invasion of Privacy Act (CIPA), Cal. Penal Code §§ 630–638. The CIPA was enacted in 1967 to address phone and telegraph wiretapping. California plaintiffs’ attorneys and pro se litigants are now... Read More

Turing’s Ambiguity – Squaring AI Convenience with Human Expectations in Transactional Settings

Wordy title, right? Well, if you’ve ever received an AI-generated email highlighting deal points that reads more like a dissertation on economics, you might see how the title matches the ever-evolving technological environment of our day-to-day lives. Developed by Alan Turing in 1949, the Turing Test is a test of a machine’s ability to demonstrate... Read More

Iowa Cybersecurity Breach Affirmative Defenses

Data security incidents are so commonplace that it is really a matter of when—not if—a business will be impacted. The Iowa Legislature recently provided a bit of good news for businesses grappling with protecting against cyber-attacks and attempting to comply with the myriad of applicable laws and regulations. Iowa Code Chapter 554G, Tort... Read More

Iowa - Cookies & Similar Technologies

1. Governing Texts 1.1 Legislation The Private Right of Action for Consumer Frauds Act, enacted in 2009 and found in §714H of Title XVI of the Iowa Code, provides a private right of action to consumers who have an ascertainable loss resulting from an unfair practice, deception, fraud, false pretense, or false promise, or the misrepresentation,... Read More