Christin McMeley

Christin McMeley

Davis Wright Tremaine LLP

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Part III: Has Congress Spoken and Does It Really Matter? The Wyndham Worldwide Case and the Expanding Power of the FTC to Police...

In the first and second parts of this series, we provided a summary of the District Court of New Jersey’s recent decision in FTC v. Wyndham Worldwide Corp. and then focused on whether the FTC has given “fair notice” to...more

4/18/2014 - Data Protection FTC Jurisdiction Wyndham

Part II: Fair Notice or No Notice? The Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data Security

In our first blog in this series, we provided a summary of the District Court of New Jersey’s recent decision in FTC v. Wyndham Worldwide Corp., in which Judge Salas confirmed the FTC’s authority to bring enforcement actions...more

4/14/2014 - Data Protection FDA FTC Jurisdiction Wyndham

Part I: The Elephant Emerges From the Mousehole: The Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data...

In support of its motion to dismiss the FTC’s complaint alleging data security deficiencies in violation of Section 5 of the FTC Act, Wyndham Worldwide Corporation cited the Supreme Court’s opinion in Whitman v. American...more

4/10/2014 - Corporate Counsel Cybersecurity Data Protection FTC Trucking Industry Wyndham

FCC Sends Its Own Message with TCPA Declaratory Rulings

The Federal Communications Commission (FCC) has issued two declaratory rulings interpreting the Telephone Consumer Protection Act (TCPA) as applied to prerecorded calls and autodialed calls and texts to cell phones. While the...more

3/31/2014 - FCC Robocalling TCPA

California Bill Would Create Cyber Security Commission

In recognition of the increasing threat that cyber-attacks pose to the state's infrastructure and the considerable costs that government and private sectors are estimated to spend on cyber security (more than $70 billion...more

3/14/2014 - CPUC Cyber Attacks Cyber Threats Cybersecurity Cybersecurity Framework DHS NIST

The Anonymization/De-identification Debate Moves to the FCC

As explained in our recent PrivSec blog post, on Dec. 11, 2013, a coalition of privacy advocates led by Public Knowledge filed a Petition for Declaratory Ruling with the FCC that, if granted, would significantly expand the...more

1/7/2014 - Data Collection FCC Internet Personally Identifiable Information Privacy Laws Telecommunications

Denied Again: Alleged Violation of Statute is Enough for Hulu Privacy Case to Proceed

On December 20, 2013, the U.S. District Court for the Northern District of California issued an order in In re: Hulu Privacy Litigation that solely addressed the issue of whether the Video Privacy Protection Act (the “VPPA”)...more

12/27/2013 - Class Certification Confidential Information Hulu Personally Identifiable Information Privacy Disclosures Video Privacy Video Privacy Protection Act

PCI DSS 3.0: Business as Usual?

In the past, critics of the Payment Card Industry (PCI) Data Security Standard (DSS) have alleged that the DSS requirements either (1) provide little more than a minimal baseline for security with a “check-the-box” compliance...more

12/17/2013 - Cloud Computing Compliance Credit Cards Data Protection DSS PCI Retailers

Federal Lawmakers Revive Do Not Track Kids Legislation

A bipartisan, bicameral effort is again underway to extend current law and impose new restraints on the online tracking of children and teens under the age of 16. As promised, on Thursday, Nov.14, 2013, Senator Edward Markey...more

11/18/2013 - COPPA Do Not Track FTC Internet Minors Privacy Laws

SCOTUS Denies Cert in Challenge to Facebook's "Beacon" Class Action Settlement

The U.S. Supreme Court has declined to review a case challenging the fairness of a cy pres settlement of a class action against Facebook related to Facebook’s “Beacon” program that was launched in late 2007. Although the...more

11/6/2013 - Certiorari Class Action Facebook SCOTUS Settlement

Update: Google Not Going Down Without a Fight

Google is seeking further review in two cases we wrote about last week on alleged Wiretap Act violations. In the Gmail case, where Google was charged with improperly reviewing subscribers’ emails, Google asked Judge Koh to...more

10/14/2013 - Cookies Data Collection Data Protection Email Google Wiretapping

What’s in Your Privacy Policy?—Google’s Insufficient to Dismiss Class Action Claims

Last week, a California federal judge allowed a class action to move forward challenging Google’s scanning of emails and targeted email advertising, rejecting Google’s claims of express and implied consent in its Terms of...more

9/30/2013 - Advertising Class Action Email Google Implied Consent Privacy Policy Terms of Service Wiretapping

Protecting Your Business with Strong Operational Privacy Controls

For decades basic requirements to secure business records have been rooted in various legal silos, from corporate governance to rules of evidence to the discrete privacy rules that govern select technologies. Today, however,...more

9/20/2013 - Business Records Critical Infrastructure Sectors Cybersecurity Data Protection FTC HHS Personally Identifiable Information PHI

CA Legislation Will Require Commercial Websites to Disclose “Do Not Track” Practices

Last week the California State Senate and Assembly passed AB 370, a bill to amend the California Online Privacy Protection Act (CalOPPA) that would require operators of commercial websites or “online services” to disclose how...more

9/5/2013 - CalOPPA Do Not Track Enforcement Internet Jerry Brown New Legislation Privacy Laws Web Tracking Websites

Federal Data Breach Legislation Introduced, But Will It Go Anywhere?

Last week Senator Pat Toomey (R-PA), along with one Independent and six other Republican Senators, introduced the “Data Security and Breach Notification Act of 2013.”...more

6/25/2013 - Covered Entities Data Breach Data Protection FTC Personally Identifiable Information Preemption Proposed Legislation

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