Christin McMeley

Christin McMeley

Davis Wright Tremaine LLP

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Hotly Anticipated Broadband Privacy Order Released by FCC

On Nov. 2, 2016, the FCC released its long-awaited broadband privacy Order and rules by a 3-2 vote. The Order comes nearly 18 months after the Commission moved to reclassify broadband internet access service (“BIAS”) as a...more

11/11/2016 - Breach Notification Rule Broadband Communications Act of 1934 Customer Proprietary Network Information (CPNI) Data Breach Data Security FCC FTC Internet Service Providers (ISPs) Personally Identifiable Information Preemption Section 222 Telecommunications

FCC Broadband Privacy Part I: The FCC’s Ascension as a Privacy Regulator

Tomorrow, October 27, the Federal Communications Commission (FCC) is scheduled to vote on new privacy rules for internet service providers (ISP) that will have a lasting impact on U.S. privacy regulation. In this special...more

10/27/2016 - Broadband Common Carriers Communications Act of 1934 Data Protection FCC First Amendment Internet Service Providers (ISPs) Open Internet Rules Public Interest Telecommunications Title II

[Event] Nonprofits in the Digital Age - October 18th, Seattle, WA

Please join us for a complimentary seminar focused on the critical legal issues facing nonprofits as they increasingly engage supporters, raise funds, and create change online and through digital technology....more

9/27/2016 - 501(c)(3) 501(c)(4) Continuing Legal Education Crowdfunding Cybersecurity Events Fund-raising Non-Profits Social Media Tax Exempt Entities Technology

Ninth Circuit Rules All Common Carriers Beyond Reach of FTC’s Consumer Protection Authority

In a decision that could significantly impact the scope of the Federal Trade Commission’s consumer protection authority under Section 5 of the FTC Act, the U.S. Court of Appeals for the Ninth Circuit ruled on August 29, 2016,...more

9/2/2016 - AT&T Corporate Counsel FCC FTC FTC Act Section 5

Definition of “PII” Under VPPA Continues to Evolve with 3rd Circuit Ruling

On June 27, 2016, the U.S. Court of Appeals for the Third Circuit became the latest appellate court to weigh how the Video Privacy Protection Act (VPPA or “the Act”) – a 1988 statute meant to protect consumer privacy by...more

7/7/2016 - COPPA Corporate Counsel IP Addresses Nickelodeon Personally Identifiable Information VPPA

Nebraska and Illinois Update Breach Notice Requirements

The data breach notification laws for Nebraska and Illinois have been updated to expand the definition of “personal information” to include usernames and email addresses in combination with a password or security question...more

6/29/2016 - Breach Notification Rule Corporate Counsel Data Breach Data Security HIPAA Personally Identifiable Information

FTC Settles Case against Vulcun for Force-Installing Apps

On May 10, the Federal Trade Commission (FTC) announced it had approved an order with General Workings, Inc., d/b/a “Vulcun,” settling charges that the company violated the Federal Trade Commission Act (FTC Act) when it...more

6/16/2016 - Data Collection FTC FTC Act Mobile Apps Mobile Devices

First Circuit and FTC Address Definitions of “PII,” While Michigan Amends Privacy Law to Remove Statutory Damages

On April 29, 2016, the U.S. Court of Appeals for the First Circuit handed down its widely anticipated opinion in Yershov v. Gannett Satellite Information Network, Inc., in which it expanded the reach of the Video Privacy...more

5/13/2016 - Actual Damages Amended Legislation Class Action FTC GPS Mobile Apps Persistent Identifiers Personal Data Personally Identifiable Information Subscribers Video Privacy Protection Act

FCC Privacy Comments [Still] Due May 27

After taking more than a year to issue its notice of proposed rulemaking regarding broadband Internet privacy, today the FCC denied requests from multiple parties for extensions of time to file comments. In its denial,...more

5/2/2016 - Broadband Comment Period FCC Internet Internet Privacy NPRM Open Internet Rules Telephone Service Providers Time Extensions

The FCC’s Privacy NPRM: A Closer Look at the Commission’s Legal Authority and Some of Its Proposals

As we have previously advised, the FCC’s proposed rulemaking to “protect the privacy of customers of broadband and other telecommunications services” (the “NPRM”) proposes sweeping changes to the ways that Internet Service...more

4/27/2016 - Broadband Cable Operators Communications Act of 1934 Customer Proprietary Network Information (CPNI) Data Security FCC FTC Internet Service Providers (ISPs) NPRM Personally Identifiable Information Section 222 Telecommunications

Tennessee Gives Businesses 45 Days for Data Breach Notice

Recent amendments to the State’s data breach statute give a hard deadline for a business to provide consumer notice, removes encryption safe harbor, exempts entities that are subject to the Health Insurance Portability and...more

4/21/2016 - Cyber Attacks Cybersecurity Data Breach Encryption Gramm-Leach-Blilely Act HIPAA HITECH Incident Response Plans New Legislation Notification Requirements Personally Identifiable Information Safe Harbors

Copyright Office Issues NOI Regarding DMCA, Seeks Comment on “Repeat Infringers”

On Dec. 31, 2015, the U.S. Copyright Office published a Notice of Inquiry seeking to “evaluate the impact and effectiveness of the DMCA safe harbor provisions” found at 17 U.S.C. § 512. Comments in response to the Notice of...more

2/26/2016 - Comment Period Copyright Infringement Digital Media DMCA File Sharing Internet Service Providers (ISPs) Notice of Inquiry Online Videos Popular Safe Harbors

Annual FCC CPNI Certification Due by March 1, 2016; Upcoming Open Internet Rules Will Soon Expand CPNI-Type Obligations to...

This is to remind our clients that the Federal Communications Commission’s (FCC) rules require every telecommunications and interconnected VoIP service provider (including wireless, cable telephony, and even paging and...more

2/9/2016 - Broadband Customer Proprietary Network Information (CPNI) Enforcement Guidance FCC Open Internet Rules Telecommunications VoIP

UPDATE: Third Circuit Affirms FTC’s Data Security Authority in Wyndham

The U.S. Court of Appeals for the Third Circuit released its much-anticipated ruling in Federal Trade Commission v. Wyndham Worldwide Corp. on August 24, 2015, unanimously upholding the FTC’s authority to regulate companies’...more

8/27/2015 - Credit Cards Cyber Attacks Cyber Crimes Cybersecurity Data Breach Data Protection Data Security Debit Cards Fraudulent Charges FTC FTC Act FTC v Wyndham Hackers Motion to Dismiss Passwords Popular Property Managers Section 5 Unfair or Deceptive Trade Practices Wyndham

Industry Players Weigh In on Spokeo

A few months ago, we reviewed the U.S. Supreme Court’s decision to grant certiorari in Spokeo, Inc. v. Robins, and the implications that a ruling in the case will have on the landscape of litigation under privacy...more

8/7/2015 - Article III Certiorari Class Action Putative Class Actions SCOTUS Spokeo Spokeo v Robins Standing TCPA VPPA

The Fingerprint File Doesn’t Have to Bring You Down: NAI Offers Advertisers Guidance on Digital Fingerprinting & Location...

Advertisers who use tools such as location data and newer non-cookie technologies to deliver interest-based advertising must carefully balance the use of those tools with consumer privacy. To achieve this balance, the Network...more

8/4/2015 - Advertising Code of Conduct Compliance Cookies Data Collection Internet Internet Marketing Online Advertisements Opt-Outs Websites

FCC Chairman Issues Fact Sheet Announcing Proposed Omnibus Declaratory Rulings to Address TCPA Petitions

On Wednesday, May 27, 2015, the FCC released a Fact Sheet announcing that Chairman Wheeler circulated a proposal to the other Commissioners for resolution of two dozen pending petitions seeking clarification of the FCC’s...more

5/29/2015 - Class Action Declaratory Judgments FCC Privacy Laws Robocalling TCPA Telecommunications

Nevada Expands PI Definition under Data Breach Law

Becomes the fifth state to amend its data breach statute since January 2015 The definition of “personal information” (“PI”) just got a little bit bigger in the Silver State. On May 13, Nevada Governor Brian Sandoval signed...more

5/28/2015 - Data Breach Data Collection Driver's Licenses Encryption Healthcare PCI-DSS Standard Personally Identifiable Information Privacy Laws

FCC Releases Enforcement Advisory – Tells Broadband Providers to Take “Reasonable, Good Faith” Steps to Protect Consumer Privacy...

Come June 12, unless stayed by a federal court, broadband Internet service providers will be subject to expanded requirements to protect consumer privacy and new limitations on the use of customer data under the FCC’s recent...more

5/27/2015 - Broadband Enforcement Guidance FCC Internet Service Providers (ISPs) Open Internet Rules

Supreme Court Grants Cert in Campbell-Ewald v. Gomez

In a move that may greatly impact litigation under the Telephone Consumer Privacy Act (TCPA) and potentially other acts that provide statutory damages for violations, the high court will hear arguments in a case questioning...more

5/21/2015 - Article III Campbell Ewald v Gomez Certiorari Class Action SCOTUS TCPA

North Dakota Focused on Privacy and Information Security; AG Wants to Know if You’ve Been Breached

Come August 1, North Dakota’s Attorney General will expect to hear from you if your company suffers a breach of computerized data affecting more than 250 persons. On April 13 North Dakota Governor Jack Dalrymple signed S....more

5/20/2015 - Amended Legislation Attorney Generals Breach Notification Rule Data Breach Personally Identifiable Information School Districts

Self-Regulatory Ad Programs Get Updated with Enforcement of Mobile Guidance to Begin Sept. 1

The digital advertising industry’s decision to start enforcing its self-regulatory principles will mean that mobile platform advertisers and other entities will face additional consumer notification, data use, and data...more

5/18/2015 - Advertising Data Collection Digital Advertising Alliance Mobile Devices

Will Class Actions Have a Leg to Stand on After Spokeo?

In essence, the question presented in Spokeo is whether a statutory violation, without more, satisfies the injury requirements for Article III standing purposes. Should the Court rule in Spokeo, Inc.’s favor when it hears the...more

5/4/2015 - Corporate Counsel FCRA Federal Jurisdiction Imminent Harm Popular Private Right of Action SCOTUS Spokeo v Robins Standing Statutory Damages Young Lawyers

Supreme Court Grants Cert in Spokeo v. Robins

On April 27 the United States Supreme Court granted certiorari in Spokeo, Inc. v. Robins, setting the stage for the high court to resolve a critical standing question that is an issue in almost all online privacy cases:...more

4/29/2015 - Article III Certiorari FCRA Federal Jurisdiction Private Right of Action SCOTUS Spokeo v Robins Standing

FCC Announces Broadband Consumer Privacy Workshop – April 28

Commission makes good on Chairman Wheeler’s promise following adoption of new Net Neutrality rules The Federal Communications Commission recently announced that will hold a public workshop on April 28, exploring the FCC’s...more

3/31/2015 - Broadband FCC Net Neutrality Privacy Policy Public Meetings

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