California SB 1001, Cal. Bus. & Prof. Code § 17940, et seq., takes effect July 1, 2019. The law regulates the online use of “bots” – computer programs that interact with a human being and give the appearance of being an actual person – by requiring disclosure when bots are being used.

The law applies in limited cases of online communications to (a) sell commercial goods or services, or (b) influence a vote in an election. Specifically, the law prohibits using a bot in those circumstances, “with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election.” Disclosure of the existence of the bot avoids liability.

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Photo of Ed Chansky Ed Chansky

Ed Chansky focuses his practice in the areas of intellectual property (particularly development, selection, protection and licensing of trademarks worldwide) and advertising, sales promotion, and trade-regulation law, including charitable promotions, cause-related marketing, sweepstakes, contests, gift cards, eCommerce, substantiation of advertising claims, social gaming…

Ed Chansky focuses his practice in the areas of intellectual property (particularly development, selection, protection and licensing of trademarks worldwide) and advertising, sales promotion, and trade-regulation law, including charitable promotions, cause-related marketing, sweepstakes, contests, gift cards, eCommerce, substantiation of advertising claims, social gaming, social media, and all aspects of unfair or deceptive trade practices in a wide variety of industries.

A trusted advisor to many national companies, Ed is a frequent speaker at seminars and conferences on advertising and promotion law topics, including sweepstakes, premium production, coupon and rebate offers, charitable promotions, social gaming, and social media, and has helped shape state legislation affecting sales promotion matters. He also works with clients on a wide range of contract and licensing matters, including agency-client agreements in the advertising and sales promotion industries, software and website development, privacy policies and terms of use, and other matters affecting intellectual property, marketing and electronic commerce. For many years, he worked as a part-time musician (trombone) playing everything from grand opera to rhythm and blues.

Photo of Ian C. Ballon Ian C. Ballon

Ian Ballon is an intellectual property and Internet litigator who is the Co-Chair of Greenberg Traurig LLP’s Global Intellectual Property & Technology Practice Group. He represents clients in copyright, DMCA, trademark, trade secret, right of publicity, privacy, security, software, database and Internet- and…

Ian Ballon is an intellectual property and Internet litigator who is the Co-Chair of Greenberg Traurig LLP’s Global Intellectual Property & Technology Practice Group. He represents clients in copyright, DMCA, trademark, trade secret, right of publicity, privacy, security, software, database and Internet- and mobile-related disputes and in the defense of data privacy, security breach, behavioral advertising, TCPA and other Internet-related class action suits. Please click here to view a list of some of his recent cases.