Julie O'Neill

Julie O'Neill

Morrison & Foerster LLP

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Digital Advertising Alliance Focuses on Mobile Ads

As more users spend more time on their mobile devices, advertising dollars are following. And the compliance regime that governs interest-based advertising (IBA) (formerly referred to as online behavioral advertising or OBA)...more

6/22/2015 - Advertising Behavioral Advertising Data Collection Digital Advertising Alliance FTC Internet Mobile Apps Mobile Devices Online Advertisements Privacy Policy

Impending Declaratory Ruling on Pending FCC TCPA Petitions Portends Stricter Enforcement

The Telephone Consumer Protection Act (TCPA), which generally prohibits certain calls to cell phones made with an Automatic Telephone Dialing System (ATDS), has created considerable compliance challenges for businesses, and...more

6/2/2015 - Advertising ATDS FCC Marketing TCPA Texting

The FTC Weighs in on In-Store Tracking. Or Does It?

In law school, everybody learns the adage that hard cases make bad law. When it comes to the Federal Trade Commission, a better aphorism might be, “easy cases make new law.” The FTC’s recent settlement with Nomi Technologies...more

5/28/2015 - FTC Mobile Devices Notice Requirements Opt-Outs Privacy Laws Privacy Policy Retail Market Retail Tracking Section 5 Unfair or Deceptive Trade Practices

What The Nomi Case Could Mean For Retail Tracking

In law school, everybody learns the adage that hard cases make bad law. When it comes to the Federal Trade Commission, a better aphorism might be, “easy cases make new law.” The FTC’s recent settlement with Nomi Technologies...more

5/20/2015 - Consent FTC Mobile Apps Mobile Devices Prior Express Consent Retailers Section 5 Web Tracking

Socially Aware - Volume 6, Issue 2 - May 2015

In This Issue: - Court Protects Anonymity of Yelp Users - FTC Issues Landmark Report on Internet of Things - Who Will Update My Status When I’m Dead?: The Biggest Social Media Platforms’ Policies on...more

5/15/2015 - Anonymity Copyright Digital Assets DMCA FTC Internet of Things Mobile Devices Online Reviews Social Media Social Networks Terms and Conditions Web Scraping Web Tracking Yelp

The New Frontier in Interest Based Advertising: FTC Shifts Focus to Cross-Device Tracking

As consumers increasingly connect to the Internet using multiple devices—such as mobile phones, tablets, computers, TVs and wearable devices—advertising technology companies have rapidly developed capabilities to reach the...more

3/25/2015 - Cross-Device Data Collection Electronic Devices FTC Mobile Devices Online Advertisements Popular

White House Offers First Look at Consumer Privacy Legislation

President Obama continued his push for privacy legislation by recently unveiling a draft Consumer Privacy Bill of Rights Act (“Draft Bill”). To move forward, the Draft Bill must be sponsored by a member of Congress and is...more

3/11/2015 - Consumer Privacy Bill of Rights Cybersecurity Discussion Draft FTC Obama Administration

Socially Aware - Volume 6, Issue 1 - January/February 2015

In This Issue: - Good Rep: Social Media Assets in M&A Transactions - Narrow Vision: Did Anti-Glass Hysteria Contribute to the Demise of Google Glass? - Forced to Cyber-Spy: Court Rules Parents Can Be Held...more

2/6/2015 - Business Assets Cloud-Based Services Contract Negotiations Facebook FTC Google Google Glass Intangible Property Minors Social Media Social Networks

Socially Aware - Volume 5, Issue 7 - December 2014

In This Issue: - What’s in a Like? - R.I.P.: The Facebook “Like” Gate - Facebook Dislikes Fake Likes - Privacy in the Cloud: A Legal Framework for Moving Personal Data to the Cloud - Click...more

12/17/2014 - Advertising Clickwrap Agreements Cloud-Based Services COPPA Counterfeiting Data Protection EU Facebook Infringement Internet Mobile Apps Social Media Terms of Use UK Websites

FTC Enforcement Action Confirms That Ad Disclosure Obligations Extend to Endorsements Made in Social Media

The Federal Trade Commission (“FTC”) has once again made good on its promise to enforce against deceptive advertising under Section 5 of the FTC Act, regardless of the media in which the advertising appears: its recently...more

12/3/2014 - Advertising Disclosure Requirements Endorsements Enforcement Actions FTC Social Media User-Generated Content

New California Privacy Law Revisions Will Impact Website and Mobile App Operators With Users Under Age 18

Last year, California made child-related revisions to its Online Privacy Protection Act that have ramifications even for websites and other online services that are not directed to children. The revision, “Privacy Rights for...more

11/6/2014 - CalOPPA Minors Mobile Apps New Legislation Privacy Laws Right to Delete User-Generated Content Websites

Socially Aware - Volume 5, Issue 4 - July 2014

In This Issue: - European Court of Justice Strengthens the Right to Be Forgotten - California AG Offers Best Practices for Do Not Track Disclosures; Crucial Compliance Questions Left Unanswered - Snap...more

7/11/2014 - Data Protection Do Not Track ECJ EU FTC Internet Personally Identifiable Information Privacy Policy Right to Be Forgotten SnapChat Social Media

California AG Offers Best Practices for Do Not Track Disclosures; Crucial Compliance Questions Left Unanswered

California Attorney General Kamala Harris released a long-awaited report entitled Making Your Privacy Practices Public (Report) on May 21, 2014. The Report recommends “best practices” for compliance with the California Online...more

5/28/2014 - Attorney Generals CalOPPA Data Protection Disclosure Requirements Do Not Track Mobile Apps New Amendments Websites

Socially Aware - Volume 5, Issue 3 - May 2014

In This Issue: - Jerked Around? Did the FTC’s “Jerk.com” Complaint Just Turn API Terms Into Federal Law? - Which Way Is Aereo Pointing? The Supreme Court Hears Arguments in Public Performance Copyright Case - The...more

5/22/2014 - Aereo APIs Copyright FTC Internet Internet of Things Internet Service Providers Internet Streaming Investment Adviser Jerk Public Performance Rights SCOTUS Social Media VPPA

If You Host Videos on Your Website, Read This Blog Post Regarding the Video Privacy Protection Act

In a much anticipated decision in the class action In re Hulu Privacy Litigation, U.S. Magistrate Judge Laurel Beeler of the U.S. District Court for the Northern District of California has shed new light on the meaning of...more

5/5/2014 - Internet Internet Streaming Personally Identifiable Information VPPA Websites

Socially Aware - Volume 5, Issue 1 - January/February 2014

In This Issue: FFIEC Issues Final Guidance on Social Media Usage by Financial Institutions; Uncovering a Line in the Sand: Employee Social Media Use and the NLRA; Website Operators Await Final Guidance Regarding...more

2/3/2014 - Disclosure Do Not Track FFIEC First Amendment Mobile Apps NLRA NLRB Privacy Policy Social Media

Website Operators Await Final Guidance Regarding Compliance With California’s “Do-Not-Track” Disclosure Requirements

Even with the publication of draft “best practices” by the California Attorney General (AG), website operators remain uncertain as to their obligations under the new do-not-track disclosure requirements of the state’s Online...more

1/14/2014 - CalOPPA Data Protection Do Not Track Internet Privacy Laws Privacy Policy Websites

Out of the Box - Legal guidance for the consumer product + retail industry: Volume 1, Issue 2, September 2013

In This Issue: From Flying Robots to Logistics Bliss: A Case Study; FCC’s New TCPA Rule; and Consumer Rights Set to Change in Europe. Excerpt from From Flying Robots to Logistics Bliss: A Case Study - The...more

10/2/2013 - Consumer Rights Directive EU FCC Internet Retailers Retailers Robocalling TCPA Telemarketing Texting Warehouses Websites

California Mandates ‘Delete Button’ and Restricts Certain Online Advertising to Minors

Right on the heels of game-changing revisions to the federal rule implementing the Children’s Online Privacy Protection Act, and almost immediately following another change to the California Online Privacy Protection Act...more

9/30/2013 - Advertising CalOPPA COPPA Internet Minors Right to Privacy

“Do Not Track” Comes to CalOPPA

California’s AB 370, if signed by Gov. Jerry Brown, would be the first piece of legislation in the world directly addressing “do not track” (“DNT”) to become law. It has passed both houses of the California Legislature and...more

9/4/2013 - Breach Notification Rule CalOPPA Cybersecurity Data Protection Disclosure Requirements Do Not Track Jerry Brown New Legislation Privacy Laws Privacy Policy Warrantless Tracking

FTC Staff Updates its COPPA FAQs, Providing Crucial Guidance for Covered Operators

Last week, the staff of the Federal Trade Commission (“FTC”) issued crucial reading for operators of websites, apps, plug-ins, ad networks and other online services (together, “Services”) that are subject to its recently...more

5/6/2013 - Confidentiality COPPA FTC Parental Consent Personally Identifiable Information

FTC Updates Its “Dot Com Disclosures” with a Focus on Social Media Advertising

On March 12, 2013, the Federal Trade Commission (“FTC”) issued an update to its “Dot Com Disclosures” guide to advertisers on making effective online disclosures. In doing so, the FTC has driven home the points that: •...more

3/15/2013 - Advertising Disclosure Requirements Dot Com Disclosure Guide FTC Social Media

Financial Services Report - Spring 2013

Editor’s Note - This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or...more

3/13/2013 - Arbitration Barack Obama CFPB China Credit Reports Cybersecurity Data Protection Debt Collection Dodd-Frank Dukes v Wal-Mart FDCPA FDIA FDIC Federal Reserve FHA Foreclosure FTC Mobile Apps Recess Appointments Richard Cordray Social Media Telemarketing

Socially Aware: The Social Media Law Update -- Volume 4, Issue 1 -- January/February 2013

In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we explore the challenges that arise when employers and employees battle over work-related social media accounts; we...more

2/1/2013 - Browser History Sniffing Communications Decency Act Copyright Data Collection Facebook FCC FTC Online Privacy Protection Act Passwords Privacy Policy Social Media Social Media Policy TCPA Texting Twitter

New Automated Opt-Out, Text Message, and Prerecorded Telemarketing Rules to Take Effect in 2013

Key provisions of the Federal Communications Commission’s (“FCC”) telemarketing rule are scheduled to take effect in January and October of this year. Businesses that engage in telemarketing—including the delivery of text...more

1/9/2013 - Consent FCC Opt-Outs Telemarketing Telemarketing Sales Rule Texting Written Consent

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