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April 2021
AMERICA'S STRICTEST PRIVACY LAW YOU'VE NEVER HEARD OF
Do you ever read the terms and conditions that appear when you update your smartphone or while creating your social media account? Typically, we must agree with whatever a company wants to do with our data — except in one state. When you imagine a law that's strict on privacy, you wouldn't imagine it passing in 2008 ... in Illinois. Yet, the Biometric Information Privacy Act of Illinois (BIPA) remains one of the most effective, profound laws that prevents companies from selling data about your fingerprints and facial scans. The origins of this unusual law were fairly “pedestrian,” as The New York Times wrote. In 2007, a business that let customers pay in-store with their fingerprints went bankrupt, and it discussed selling their fingerprint database.
The private right of action is particularly important. Most data privacy laws don’t give people the ability to sue. For example, Six Flags was sued in 2019 for collecting park-goers’ thumbprints without informed consent. The Illinois Court of Appeals ruled that a simple technical violation of BIPA was “insufficient to maintain an action,” since it didn’t necessarily mean a party was “aggrieved,” as required by the law. However, the Illinois Supreme Court reversed this decision, saying users didn’t need to prove an injury (i.e., identity fraud) in order to sue. The violation itself was enough to collect damages.
identity is stolen to do something about it. However, some would say the law is fairly limited in scope. BIPA only limits what companies can do with data from our bodies, like face scans and fingerprints — all other data is fair game. Also, as a state law subject to preemption, there’s still a possibility federal law may overrule it. As an American, when it comes to privacy, it’s easy to feel at a loss. Our world is becoming increasingly reliant on technology, and not everyone is concerned about what will happen if a corporation has their data. This can mean that when you want your privacy most, it can be almost impossible to reclaim. Luckily, there’s at least this one gold standard privacy law around, even if it isn’t perfect by some experts’ opinions. We’ll have to see if more states will adopt similar laws in the future.
As you might’ve guessed, that disturbed many in Illinois.
There are three key components to BIPA. First, tech companies behind voice assistants or photo recognition services can’t use people’s biometric details without their knowledge or consent. Second, BIPA forces companies to limit the data they collect as well. Third, the law gives people a private right of action, which means the right to sue companies for violations of this law.
Today, BIPA excites many privacy enthusiasts, since nobody wants to wait until their
“Today, BIPA excites many privacy enthusiasts, since nobody wants to wait until their identity is stolen to do something about it.”
–The Reardon Anderson Firm
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This New Jersey Lawsuit Is Gaining Nationwide Attention
UP IN FLAMES
In October 2020, Smith & Wesson, a gun manufacturer, sued the state of New Jersey for its “anti-second amendment agenda,” and it has quickly gained attention among gun control experts nationwide. You may wonder: Why would a false advertising claim cause so much interest when it seems unrelated to either restricting or deregulating guns? First, let’s look at the lawsuit itself. It all started when New Jersey Attorney General Gurbir Brewal sent subpoenas to Smith & Wesson from the state’s division of consumer affairs as part of an investigation into advertising fraud. A Smith & Wesson commercial depicts a woman slipping a pistol into her red leather bag and takes it with her everywhere — from work, to lunch, to the gym, and then finally to a shooting range. However, the ad never addresses that those actions would be illegal in 35 states without a concealed carry permit. The subpoenas were all related to incidents like these in Smith & Wesson’s advertising.
THE FYRE FESTIVAL’S LEGAL FALLOUT FOR INFLUENCERS
Influencer marketing has long been a legal gray area, but recently settled celebrity lawsuits related to the Fyre Festival — a failed luxury musical festival — have definitely added some color to the debate. The idea for the Fyre Festival came from rapper Ja Rule and his business partner Billy McFarland, a 25-year-old CEO of a luxury concierge service. The duo created the event together and touted it as the world’s most expensive music festival. They also launched an attractive marketing campaign which included celebrity promotions by Kendall Jenner, Bella Hadid, and other influencers. All the while, the organizers knew the Fyre Festival was doomed from the start. In lieu of a multiday, luxury experience, thousands of people were scammed and left stranded in the Bahamas. "[The organizers] had six to eight weeks to pull off something that should have taken close to a year," says Chris Smith, who directed a Netflix documentary on the festival. "But what was most surprising to me was going to the Bahamas and seeing the aftermath of what was left behind and the effect on the people there." The local economy was devastated. "They had engaged with so much of the local community to try and pull this off. There were hundreds of day laborers working," says Smith. "Fyre had such a high profile that I don't think anyone could have assumed that it wouldn't work out." As the Fyre Festival fell apart, Gregory Messer — the trustee in charge of overseeing the bankruptcy for Fyre Media — looked into the finances. He began to suspect that there had been “fraudulent transfers” between the founders and many of the event’s promoters, and he began to sue the celebrities and influencers that drove the hype behind the festival. For example, McFarland and Ja Rule reportedly paid Kendall Jenner over $275,000 to publish an Instagram post promoting the festival. Although Jenner denied liability, she did not disclose on the post that it was paid and sponsored. Messer’s attorney further argued that Jenner had not told her Instagram followers that she’d pulled out of the festival after learning of its disastrous problems. Although more legal parameters will likely spring up in the future to further define the limits of influencer marketing, this will certainly make any celebrity think twice about accepting money to promote events and brands. And that’s definitely for the best!
The problem is that this investigation may open a door to access internal documents that have never been accessible to the public before.
For better or worse, you could say it’s a creative way to take a deeper look at a company’s inner workings. No industry has ever had immunity from cases about advertising claims. What does the pro-gun control movement hope for? To drastically shift public opinion. J. Adams Skaggs, the chief counsel for the Giffords Law Center to Prevent Gun Violence, says, “Public opinion turned so dramatically against the tobacco companies when it became clear that executives knew the truth about their products and were lying to the public,” Mr. Skaggs said. “The gun industry fears the same thing.” On the other hand, is it right to use government jurisdiction to push such a specific political agenda? That’s the question anti-gun control advocates are asking. In Smith & Wesson’s lawsuit against the state, it states, “Smith & Wesson is a good corporate citizen that is a leader on gun safety initiatives in the industry. What the Attorney General seeks to do through his actions is impermissible as long as the guarantees of free speech and the right to bear arms remain in the Constitution.”
In the landscape of gun politics, it’s definitely a lawsuit to keep an eye on.
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3 BEAUTIFUL, LOCAL HIKING SPOTS CELEBRATE EARTH DAY TODAY!
EAST CREEK LOOP TRAIL Trailhead Located: Belleplain State Forest Length: 6.8 miles Elevation Gain: 88 feet Don’t miss your chance to enjoy the largest remaining example of the Atlantic coastal pine barrens ecosystem — the Pine Barrens. Take a drive to Belleplain State Forest and soak it in with this easy loop trail! With barely any elevation gain, you’ll find it easy for all skill levels. Also, large crowds tend to stay away, especially in the mornings. We hope these trails inspire you to take advantage of the spring season. Thanks for reading.
Missing the fresh air lately? Now, you have one more excuse to get outdoors: April 22 is Earth Day, and there’s no better way to celebrate than getting into nature and enjoying all the natural beauty it has to offer. Here are a few of our favorite outdoor trails in the northern New Jersey area! HENRY HUDSON TRAIL (HIGHLANDS TO ABERDEEN) Trailhead Located: Highlands, NJ Length: 28.3 miles Elevation Gain: 387 feet If you enjoy long walks on the beach — or at least along the shoreline — you should consider this beautiful paved and gravel/ sand walkway. It spans 28 miles of both natural and urban scenery along the New
Jersey shore, and plenty of fishing spots are nestled among the rocks plus a small beach to relax at. Trails are 6 feet wide, great for groups or road cyclists! STAIRWAY TO HEAVEN TRAIL Trailhead Located: Wawayanda State Park Length: 2.6 miles Elevation Gain: 892 feet With the bloom of its gorgeous wildflowers, this hike to a local mountain peak provides a view that’s just as beautiful as the name implies. Dog-friendly and accessible year-round, this trail tends to be a local favorite! You’ll find plenty of large boulders that are perfect for bouldering. Be aware: It's part of the Appalachian Trail in the area, so you’ll see a fair number of fellow hikers.
SPRING VEGETABLE AND CHICKEN PASTA BAKE
INGREDIENTS
1 cup cooked chicken, diced 1 14-oz can artichokes, drained and quartered 1 cup fresh asparagus pieces 1/2 cup carrots, grated 1 1/2 cups uncooked penne pasta
1 3/4 cups chicken broth 1/2 cup fresh chives, chopped and divided 1/4 cup fresh parsley, chopped and divided 2 tsp minced garlic
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1/4 tsp salt
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1/4 cup grated Parmesan cheese, divided
DIRECTIONS
1. Preheat oven to 425 F and grease an 8-inch square baking dish with cooking spray. 2. In the prepared dish, stir together cooked chicken, artichokes, asparagus, carrots, uncooked pasta, chicken broth, half the chives, half the parsley, garlic, salt, and 2 tbsp Parmesan. 3. Cover the dish tightly with foil and bake for 35 minutes. 4. Uncover and stir. At this point, check the pasta to make sure it is al dente. If it’s undercooked, cover the dish and return to the oven until pasta is tender. 5. Remove from oven and garnish with remaining Parmesan, chives, and parsley. Inspired by TheSeasonedMom.com
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INSIDE THIS ISSUE
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America's Strictest Privacy Law You've Never Heard Of
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This New Jersey Lawsuit Is Gaining Nationwide Attention The Fyre Festival’s Legal Fallout for Influencers 3 Beautiful, Local Hiking Spots Spring Vegetable and Chicken Pasta Bake
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A Tail That Inspired Thousands
A TAIL THAT INSPIRED THOUSANDS WINTER THE DOLPHIN
Winter the dolphin was only 2 years old when rescuers found her with a crab trap line wrapped so tightly around her tail it was cutting off the circulation to her flukes. Unfortunately, this led to the eventual loss of her tail. In most cases, dolphins can’t survive without their flukes. When Winter first arrived at the Clearwater Marine Aquarium, her caregivers worried about her overall health. The infection that had taken over her tail due to loss of circulation was spreading, and if it reached her spinal cord, they knew she would die. Fortunately, her spinal cord remained untouched. Winter adapted to her situation, but then a new problem arose. Without flukes, Winter began moving her body side-to-side to swim, which caused scoliosis in her spine. To help Winter with this problem, an expert created a custom prosthetic tail for her, enabling her to swim normally again without impacting her spine. Since then, Winter has thrived! The story of what Winter went through, her struggle to recover, and how she fought to live has inspired thousands of people. Children and adults who have lost their limbs or were born with disabilities
travel from around the world to meet her. She encourages people to keep fighting, and many feel that if Winter could overcome her obstacles, they can, too. There was even a film made about her called “Dolphin Tale.” In fact, many of the scenes from the movie were shot at the Clearwater Marine Aquarium, and Winter starred as herself. The film captures her triumphant story and chronicles how she inspires people around the world. To learn more about Winter and read inspirational stories, visit CMAquarium.org. And, of course, “Dolphin Tale” is a great film for your next movie night!
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