wedgetail737 From United States of America, joined Aug 2003, 5526 posts, RR: 5 Reply 2, posted (5 months 1 week 6 days 20 hours ago) and read 11948 times:
The next thing CA will want is back-taxes for all those people that use to be CA residence.
HPRamper From United States of America, joined May 2005, 3661 posts, RR: 8 Reply 3, posted (5 months 1 week 6 days 20 hours ago) and read 11892 times:
Delta has a very well put together privacy policy. Apparently Delta believes their policy covers both internet and mobile app usage, while California's stance is that the privacy policy does not specify the mobile app.
tugger From United States of America, joined Apr 2006, 4629 posts, RR: 7 Reply 4, posted (5 months 1 week 6 days 20 hours ago) and read 11839 times:
Quoting Gonzalo (Thread starter): It will be interesting to see this too giants fighting !!!
There won't be any fight. Delta will simply adjust their website to comply with the privacy requirements just as they have done for the EU's requirements. It's not a big deal or that difficult. Now whether a fine will be imposed and collected, that is another story, personally I think the fine threat is mostly just the lever used to get companies to move and comply.
Tugg
I don’t know that I am unafraid to be myself, but it is hard to be somebody else. -W. Shatner
dlramp4life From United States of America, joined Jun 2011, 697 posts, RR: 1 Reply 6, posted (5 months 1 week 6 days 19 hours ago) and read 11462 times:
KC135TopBoom From United States of America, joined Jan 2005, 11705 posts, RR: 52 Reply 7, posted (5 months 1 week 6 days 19 hours ago) and read 11340 times:
Quoting mayor (Reply 1): Sounds to me like the state of California is trying to get their books back in the black, $2500 at a time.
Quoting StudeDave (Reply 5): They have already tried that one with me-- it didn't work in their favor.
Why? They failed to notice the fact that I was on active duty in the NAVY.
They have tried that with me, too. I was in the USAF and stationed in California twice.
I would say here CA doesn't have a good strong case here, DL should easily win, even though it was filed in a state court in SFO. DL can easily get this bumped up to a federal court, since they deal with interstate commerce.
mayor From United States of America, joined Mar 2008, 9167 posts, RR: 14 Reply 8, posted (5 months 1 week 6 days 19 hours ago) and read 11206 times:
Quoting KC135TopBoom (Reply 7): would say here CA doesn't have a good strong case here, DL should easily win, even though it was filed in a state court in SFO. DL can easily get this bumped up to a federal court, since they deal with interstate commerce.
They always seem to file these in SFO, maybe because the courts, there, are more liberal.
"A committee is a group of the unprepared, appointed by the unwilling, to do the unnecessary"----Fred Allen
tugger From United States of America, joined Apr 2006, 4629 posts, RR: 7 Reply 9, posted (5 months 1 week 6 days 19 hours ago) and read 11144 times:
Quoting mayor (Reply 8): They always seem to file these in SFO, maybe because the courts, there, are more liberal.
On a state level it doesn't make much of a difference, the state law will still be interpreted from a state perspective. Additionally if it goes to the federal level then the same court, regardless of where it is/started in California, would be hearing the case.
(Hey I like it, spell check came up with "interpenetrated" when I misspelled "interpreted" above, could explain a lot of things in California )
Tugg
I don’t know that I am unafraid to be myself, but it is hard to be somebody else. -W. Shatner
art From Lebanon, joined Feb 2005, 2937 posts, RR: 0 Reply 10, posted (5 months 1 week 6 days 18 hours ago) and read 10907 times:
Quoting tugger (Reply 4): Delta will simply adjust their website to comply with the privacy requirements just as they have done for the EU's requirements. It's not a big deal or that difficult.
If you knew the content you could put it on a web page in a few minutes. If there is already a privacy policy in the app, I don't suppose it would take long to rephrase.
Dreadnought From United States of America, joined Feb 2008, 7756 posts, RR: 22 Reply 11, posted (5 months 1 week 6 days 18 hours ago) and read 10818 times:
Quoting StudeDave (Reply 5): They have already tried that one with me-- it didn't work in their favor.
Why? They failed to notice the fact that I was on active duty in the NAVY.
Nonresidents don't owe them a dime.
That argument has so far failed at the federal level, unfortunately.
FATFlyer From United States of America, joined May 2001, 5667 posts, RR: 18 Reply 13, posted (5 months 1 week 6 days 17 hours ago) and read 10590 times:
This suit may be about the accessibility of Delta's privacy policy, not just if the app has a privacy policy. I haven't seen details yet to know.
The California On-line Privacy Protection Act requires the privacy policy (If personal info is collected in the app or website) to be both conspicuous and accessible. That means using links, icons, etc that provide access to the privacy policy.
Also, the law requires consumers to be able to review the privacy policy before their personal information is collected. That allows a consumer to choose not to use the app or web site.
Earlier this year, the California AG reached agreements with Amazon, Apple, Facebook, Google, Hewlett-Packard, Microsoft, and Research in Motion to bring them into compliance with the privacy law. Those companies agreed that app privacy policies would be available for consumers to read before downloading apps.
California's AG had issued 30 day warnings in October/November to 100 companies about their apps being out of compliance with state privacy law. Besides Delta the group also included United.
"Travel is fatal to prejudice, bigotry, and narrow-mindedness." - Mark Twain
AirCalSNA From United States of America, joined Mar 2010, 269 posts, RR: 0 Reply 15, posted (5 months 1 week 6 days 13 hours ago) and read 6808 times:
Quoting KC135TopBoom (Reply 7): They have tried that with me, too. I was in the USAF and stationed in California twice.
I would say here CA doesn't have a good strong case here, DL should easily win, even though it was filed in a state court in SFO. DL can easily get this bumped up to a federal court, since they deal with interstate commerce.
I deal with removal issues fairly frequently. This case is probably not removable to federal court because it concerns state law not federal law, and a State is not considered a "citizen" for the purpose of "diversity jurisdiction" (i.e., federal courts are reserved for federal issues and lawsuits between citizens of different states).
DocLightning From United States of America, joined Nov 2005, 16808 posts, RR: 57 Reply 16, posted (5 months 1 week 6 days 12 hours ago) and read 6525 times:
In other news, I just got an updated "Fly Delta" app from the iTunes store pushed to me. Version 1.7.4.
"What's new?"
-Added a link to Delta's privacy policy
tugger From United States of America, joined Apr 2006, 4629 posts, RR: 7 Reply 17, posted (5 months 1 week 6 days 12 hours ago) and read 6327 times:
Quoting DocLightning (Reply 16): In other news, I just got an updated "Fly Delta" app from the iTunes store pushed to me. Version 1.7.4.
"What's new?"
-Added a link to Delta's privacy policy
Well, there you go.
Ta-da!
And to toot my own horn:
Quoting tugger (Reply 4): There won't be any fight. Delta will simply adjust their website to comply with the privacy requirements [...]It's not a big deal or that difficult.
Tugg
[Edited 2012-12-07 17:47:59]
I don’t know that I am unafraid to be myself, but it is hard to be somebody else. -W. Shatner
Deltal1011man From United States of America, joined Sep 2005, 8576 posts, RR: 8 Reply 18, posted (5 months 1 week 6 days 7 hours ago) and read 4329 times:
DeltaMD90 From United States of America, joined Apr 2008, 5284 posts, RR: 48 Reply 19, posted (5 months 1 week 6 days 7 hours ago) and read 4282 times:
Quoting DocLightning (Reply 16): "What's new?"
-Added a link to Delta's privacy policy
Does anyone ever read these things? Really, doesn't CA have anything better to do? I'm for consumer protection, but this all seems a bit silly.
In other words, if the solution is to "add a link to the privacy policy," the problem in question probably isn't a problem
FATFlyer From United States of America, joined May 2001, 5667 posts, RR: 18 Reply 20, posted (5 months 1 week 5 days 19 hours ago) and read 1447 times:
Quoting DocLightning (Reply 16): "What's new?"
-Added a link to Delta's privacy policy
I wondered above if access to the privacy policy was the issue.
Quoting FATFlyer (Reply 13): This suit may be about the accessibility of Delta's privacy policy,
I'd be curious about the link placement to meet the visibility requirements. The link has to be visible to the consumer before someone starts inputting personal info. Some even go the additional step to make the privacy policy available before the app is downloaded.
California's online privacy law (in effect since 2004) followed California's first-in-the-nation consumer data breach disclosure law in 2002.
California's State Constitution is different than others (including the US) because it was amended in 1972 to specifically mention the right to privacy as an inalienable right. The term "privacy" appears 5 times in the California State Constitution.
"Travel is fatal to prejudice, bigotry, and narrow-mindedness." - Mark Twain
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