David Bender

David Bender

David Bender is an associate in the firm’s Washington, DC office and a member of the Data Privacy and Cybersecurity practice group.

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Lawsuit Alleges That Self-Checkout Videos Violate the Song-Beverly Act

A class-action lawsuit filed last month alleges that Wal-Mart’s video recording technology at its self-service checkout kiosks collects “personal identification information” in violation of the California Song-Beverly Act Credit Card Act of 1971 (“Song-Beverly Act”).  The Song-Beverly Act, like analogous statutes in several other states, generally prohibits businesses from recording customers’ “personal identification information” as … Continue Reading

Tech & Security Companies Sign Cybersecurity Tech Accord

Today, 34 global technology and security companies announced that they have signed a Cybersecurity Tech Accord, which publicly commits them “to protect and empower civilians online and to improve the security, stability and resilience of cyberspace.”  The signatories include Cisco, Dell, Facebook, HP, Intuit, and Microsoft.The text of the Accord references recent events that have … Continue Reading

Ninth Circuit Decision Provides Critical Win to FTC in its Authority over Internet Service Providers

In a ruling with implications for both net neutrality and privacy, the Ninth Circuit ruled en banc today that the common carrier exemption in Section 5 of the FTC Act is activity-based, reversing a 2016 panel ruling that the exemption was status-based.  Today’s decision bolsters the FTC’s authority to bring consumer protection (including privacy) and … Continue Reading
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