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Deeper Dive: Vendor Management Crucial for Data Protection

In our 2017 Data Security Incident Response Report, we found that of the 450+ incidents we worked on last year, network attacks that succeeded due to vendor wrongdoing were significantly more common (15 percent) than those...more

Babies and Baby-making, or Not… Privacy and Security Lessons for the Internet of Things

What do babies, sex toys and wireless head phones have in common? Apparently, the privacy concerns of the Federal Trade Commission (FTC), state AGs and legislatures, class action plaintiffs, and consumer advocacy groups, at...more

FCC Broadband Privacy Rule Dead and Buried

The Federal Communications Commission (FCC) Privacy and Data Security Rule for broadband internet access service (BIAS) providers (the Privacy Rule) is dead. As we discussed, the new rule that was set to start phased...more

On the Heels of Finding Unexpected Data Tracking Unfair and Deceptive, the FTC Issues Guidance on Cross-Device Tracking

We recently discussed the Federal Trade Commission’s (FTC’s or Commission’s) expanded application of its unfairness authority and exercise of its deception authority in bringing a complaint against a maker of smart TVs that...more

FCC Broadband Privacy Rule On Hold, Likely Dead

The new Federal Communications Commission (FCC) Privacy and Data Security Rule for broadband internet access service (BIAS) providers (Privacy Rule) was set to start phased implementation on March 2, 2017. We have previously...more

FTC’s $2.2m Smart TV Settlement Signals Continued IoT Enforcement Focus

On February 6, 2017, the Federal Trade Commission announced that it had settled charges against VIZIO, Inc., a consumer electronics manufacturer of Internet-connected televisions. The FTC alleged that VIZIO unfairly tracked...more

Revisit Privacy Notices in the New Year

Companies are required to accurately disclose their material consumer data practices in clear, conspicuous and understandable privacy notices. As 2016 came to a close, the Federal Trade Commission (FTC) reminded companies of...more

FCC Closes Year With Enforcement Advisory on Text Messages

Almost a year and a half after the Federal Communications Commission (FCC or Commission) issued a rule update to its rules and regulations implementing the Telephone Consumer Protection Act (TCPA) (2015 FCC TCPA Omnibus...more

FCC’s Final Privacy Rule – How Final Is It?

The Federal Communications Commission (FCC) adopted an order on Oct. 27, 2016, which started to go into effect this month, regarding privacy and data security obligations for broadband internet access service (BIAS) providers...more

FCC Wades Back Into Data Privacy and Security for ISPs With Revised Privacy Proposal

Recently, Federal Communications Commission (FCC or Commission) Chairman Tom Wheeler circulated to the Commission a revised proposed order to regulate the data privacy and security practices of internet service providers...more

Mobile Ad Co Settles with FTC Over Allegations of Deceptive Geolocation Tracking And Children’s Privacy Violations for $4 Million

On June 22, 2016, mobile advertising company InMobi Private Ltd. settled Federal Trade Commission (“FTC” or “Commission”) claims of violations of Section 5 of the FTC Act, and the Children’s Online Privacy Protection Act and...more

Court of Appeals Upholds FCC’s Net Neutrality Rules and Regulatory Authority

On June 14, 2016, the D.C. Court of Appeals ruled 2-1 in favor of the Federal Communication Commission’s (FCC) net neutrality rules, which the commission approved on February 26, 2015 (published March 12, 2015). This...more

Mobile Apps That Appeal to Children Face Increased Regulatory Scrutiny

In September 2015, the Online Interest-based Advertising Accountability Program (Accountability Program) of the Advertising Self-regulatory Council (ASRC) began enforcing the Digital Advertising Alliance (DAA) Guidelines for...more

Internet Service Providers Face New Regulatory Environment in the FCC’s Privacy and Security Proposal

On March 31, 2016, the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking (NPRM) of privacy and security regulations for Internet service providers (ISPs). The NPRM, In The Matter of Protecting the...more

New Cop on the Block – FCC’s Proposed Data Privacy and Security Rulemaking for Broadband Internet Access Providers

In 2015, the Federal Communications Commission (FCC or global Commission) issued its Open Internet Order, applying Section 222 of the federal Communications Act to broadband Internet access services (BIAS), and in doing so...more

Ad Industry Enforcer Issues Reminder That Notice and Choice Are Musts for Companies Engaged in Interest-Based Advertising and...

The Online Interest-Based Advertising Accountability Program (Accountability Program), which enforces the advertising industry’s self-regulatory system administered by the Council of Better Business Bureaus, has published the...more

FTC Report on Big Data Outlines Usage Limitations Under Federal Law

On January 6, 2016 the Federal Trade Commission (“FTC”) issued the report Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues (“Report”), based on prior workshops and subsequent public comments on Big Data...more

FTC Prosecutes Serving of Behavior Ads on Kids’ Apps

The Federal Trade Commission reminded publishers and advertisers recently that the Children’s Online Privacy Protection Act (COPPA) prohibits data collection, absent verified parental consent, for behavioral (interest-based)...more

LabMD and Wyndham Decisions Curtail FTC’s Data Privacy and Security Reach

Both the administrative law judge’s decision in LabMD and the Third Circuit’s recent decision in Wyndham, which we previously blogged about, put the FTC on notice that it cannot assume that in the wake of a security breach,...more

FTC Issues Native Ad Guidance

We have been closely following the evolution of “native advertising” and the regulatory response since before the FTC’s Workshop “Blurred Lines: Advertising or Content?” over two years ago. Applying traditional FTC...more

What the FTC’s Settlement With Wyndham Means for Your Company

The recent settlement entered into between the Federal Trade Commission (FTC) Wyndham Hotels and Resorts and related companies (Wyndham) provides an important roadmap for companies seeking to avoid running afoul of the FTC’s...more

The FTC and DAA Set Their Sights on Cross-Device Tracking

Gone are the days of single-browser tracking. Accordingly, cross-device tracking – the process of tracking a single consumer across all of the consumer’s devices – is the new Holy Grail for marketers. Both the Federal Trade...more

Challenging FTC Regulation of Cyber-security After FTC v. Wyndham

The Third Circuit interlocutory decision in Federal Trade Commission v. Wyndham Worldwide Corporation was widely reported as a big win for the Federal Trade Commission (“FTC”). But on closer examination, it was a split...more

CA AG Requires Chief Privacy Officer and Privacy Compliance Program

California’s Attorney General, Kamala Harris, has required Houzz, a home décor information and e-commerce website and mobile app publisher, to hire a chief privacy officer (CPO), conduct a company-wide privacy assessment, and...more

FCC’s New TCPA Order May Require Companies to Obtain Updated Consents for Marketing Calls and Texts

Last week we published an overview of key issues raised by the Federal Communications Commission’s July 10, 2015, Declaratory Ruling and Order regarding the Telephone Consumer Protection Act (the “July 2015 Order”). The July...more

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