Alan Pate

Alan Pate

BakerHostetler

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Challenging Delegated Top-Level Domains: ICANN’s Trademark Post Delegation Dispute Resolution Procedure

This year, hundreds of new generic top-level domains (gTLDs) are changing the landscape of the Internet. The long-awaited result of ICANN’s new gTLD program, top-level domains such as .NYC, .WINE, and .WTF will now join the...more

8/28/2014 - Brand Domain Names gTLD ICANN Internet Trademarks

FTC Says That Sponsors of Pinterest Contests Should Require Users to Post Pins with Hashtags Warning When Pins are Posted for a...

In a March 20, 2014 closing letter sent to fashion company Cole Haan, the FTC warned that use of the hashtag #WanderingSole in conjunction with a recent Pinterest contest did not adequately communicate the “material...more

4/3/2014 - Contests & Promotions FTC Pinterest Prizes

iBeacons Usher in New Era of Mobile Advertising in 2014, Raise Old Privacy Concerns

Editor’s Note: This blog post was originally published on February 6, 2014 courtesy of iMedia Connection’s Blog. It is repurposed with permission. Remember that scene from Minority Report? The one where John Anderton...more

2/11/2014 - Advertising iBeacon Mobile Ad Networks Mobile Devices Right to Privacy Technology

International Privacy - 2013 Year in Review

2013 was a year in contrasts within data privacy. To begin with the “normal” course, Canada sought (but failed) to pass a mandatory breach notification amendment to its federal privacy law, and Uruguay acceded to the European...more

12/30/2013 - Data Breach Data Protection Edward Snowden Notice Requirements NSA Personally Identifiable Information Surveillance

International Privacy - 2013 Year in Review - Ukraine

Ukraine privacy law is undergoing a dramatic shift with its introduction of new legislation, “On Amending Certain Legislative Acts of Ukraine Regarding Improving the System of Personal Data Protection,” enacted on July 3,...more

12/30/2013 - Consent Data Protection EU Notice Requirements Personally Identifiable Information

International Privacy - 2013 Year in Review - Canada

This fall, Canadian Parliament failed to pass proposed amendments to its federal privacy law that would impose a mandatory breach notification requirement. Bill C-12, originally introduced in 2010 and reintroduced in 2011,...more

12/30/2013 - Breach Notification Rule Canada Data Breach Data Protection Notice Requirements Personally Identifiable Information PIPEDA

International Privacy - 2013 Year in Review - Africa

On August 22, 2013, after four years of deliberation, the South African Parliament passed the first comprehensive data protection legislation in South Africa, the Protection of Personal Information (POPI) Bill. This Bill...more

12/30/2013 - Africa Consent Data Collection Data Protection Disclosure Requirements Personally Identifiable Information

International Privacy - 2013 Year in Review - European Union

Outside of the EU, concerns continue after the former NSA contractor Edward Snowden leaks demonstrated issues related to U.S. handling of European data. Beginning in July, 2013, the ongoing Transatlantic Trade and Investment...more

12/30/2013 - Contractors Cybersecurity Data Protection Edward Snowden EU EU Data Protection Laws European Commission NSA Surveillance TTIP

International Privacy - 2013 Year in Review - Central and South America

1. Costa Rica - On March 5, 2013, Costa Rica’s data protection law, originally passed in 2011, came into force. The law, the Ley Protección de la Persona frente al tratamiento de sus datos personales, Law...more

12/30/2013 - Breach Notification Rule Data Breach Data Collection Data Processors Data Protection Latin America NSA Personally Identifiable Information PRISM Program

International Privacy - 2013 Year in Review - Asia

1. China - China’s Personal Information Protection Law Proposal was submitted to the State Council in 2008, which was followed by the Ministry of Industry and Information Technology’s non-binding Internet...more

12/30/2013 - Asia China Data Collection Data Processors Data Protection Hong Kong India Japan Personally Identifiable Information

New DoD Rule Promotes Voluntary Sharing of Cyber-Security Threat Information Between DoD and Defense Contractors

On October 22, 2013, the Department of Defense (DoD) published its Final Rule establishing a program for promoting voluntary sharing of cyber threat information between the DoD and government contractors. The DoD intends this...more

11/1/2013 - Cybersecurity Defense Contracts DOD Information Sharing

Proposed Amendment to EU Privacy Regulations May Force Choice Between Violating US and EU Law

On Monday, October 21, 2013, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) voted to approve an amended version of the proposed EU General Data Protection Regulations. Included in the...more

10/24/2013 - Cybersecurity Data Protection EU EU Data Protection Laws Internet LIBE NSA Penalties Websites

Legal concepts every social media marketer should know: Part IV - User Generated Content (Content Treasure Trove v. Legal...

Companies are looking for online interaction with customers, a solid presence on social media, and other dynamic ways to connect with potential consumers. Often, this means campaigns and their websites will rely on some form...more

10/1/2013 - Communications Decency Act Crowdsourcing DMCA Marketing Social Media Sweepstakes User-Generated Content

Legal concepts every social media marketer should know: Part III -- Use of third-party images, graphics, and content

It’s often said that imitation is the sincerest form of flattery. But when it comes to running an online marketing campaign or social media site, imitating (or straight-up copying) other peoples’ content can be the quickest...more

9/13/2013 - Copyright Fair Use Infringement Marketing Right of Publicity Social Media Third-Party

Legal concepts every social media marketer should know: Part II -- Rules of the road for online advertising

As long as we have sold stuff, we’ve used images or stories to help sell them. As Calvin Coolidge of all people once said in one of his rare Don Draper moments - “Advertising ministers to the spiritual side of...more

8/27/2013 - Better Business Bureau CAN-SPAM Act Endorsements FTC Marketing Mobile Apps Social Media

Legal concepts every social media marketer should know: Part I -- Consumer privacy

There are three things a social media website operator or digital marketer probably hates to hear most before launching an online ad campaign: 1. Can you make this go viral?; 2. How many likes/tweets can you get?; and 3. Did...more

8/16/2013 - Advertising Big Data COPPA Marketing Privacy Laws Social Media

Instagram Federal Class Action Over User Terms Dismissed; Plaintiffs Switch to State Court

Earlier this month, Judge William Alsop of the U.S. District Court for the Northern District of California dismissed a proposed class action lawsuit against Instagram....more

7/30/2013 - CAFA Class Action Dismissals Instagram Licenses Terms of Use

New gTLDs Raise Data Security Concerns

ICANN is well on its way to the launch of new generic top-level domains (gTLDs) with the first ones being approved as early as April 23rd. The handful of TLDs currently in use, such as “.com”, “.org”, and “.edu”, may soon be...more

4/16/2013 - Data Protection gTLD ICANN PayPal VeriSign

Federal Judge Orders Service of Process through Facebook

In March, Judge Paul Engelmayer of the Southern District of New York ordered service of process on several international defendants through novel means—Facebook. ...more

4/5/2013 - Due Process Facebook Service of Process Social Media

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