Mark Sableman

Mark Sableman

Thompson Coburn LLP

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Balancing the data privacy debate: The benefits of big (and little) data

Comments to the White House's recent request for comments on "big data" and how it affects Americans were due April 4, but even before all the comments have been reviewed, we can be pretty sure that, as usual, most business...more

4/14/2014 - Big Data Data Protection Privacy Laws Right to Privacy

Court strikes down Illinois eavesdropping act, opens debate on privacy in the digital age

In two landmark rulings that may prompt further examination of how our laws identify and protect privacy interests, the Illinois Supreme Court has found unconstitutional Illinois’ long-standing electronic eavesdropping act....more

3/25/2014 - Eavesdropping Invasion of Privacy Right to Privacy Surveillance

The newest mobile privacy issue: Tracking shoppers’ footsteps in stores

In our electronic-device age, new data privacy issues seem to pop up every day. Did you know that you were being tracked as you walked through a retail store?...more

3/7/2014 - Data Protection FTC Mobile Devices Mobile Privacy Warrantless Tracking

Courtney Love, Yelp and Internet libel: Nevermind, it’s not a trend

Courtney Love goes to trial, in a suit by her former attorney, based on a social media message that accused the attorney of being “bought off.” A Yelp user and the contractor she criticized go at each other in court over...more

2/25/2014 - Defamation Libel Online Reviews Yelp

Sherlock Holmes and the case of the split copyright personality

Between Benedict Cumberbatch’s sly smile on the BBC’s “Sherlock” and Johnny Lee Miller’s haunted recovering drug addict on CBS’ “Elementary,” there’s no shortage of possible Sherlock Holmes’ in modern culture. (Add in Robert...more

1/28/2014 - Copyright Public Domain Publishers Sherlock Holmes

Whitepaper roundup: Privacy, copyright, and digital advertising

Readers seem to have liked our post about the recent GAO report that summarized the U.S. data privacy debate. For those interested in Internet law and policy issues, there are plenty of other official reports that you can use...more

1/13/2014 - Advertising Copyright Cybersecurity Data Protection Domain Names Edward Snowden GAO Native Advertising NSA Privacy Laws

The U.S. data privacy debate, in a nutshell

Do you want a comprehensive overview of the data privacy debate in the United States? Well, the Government Accountability Office has written one — just for U.S. Sen. Jay Rockefeller (D-WV), his Senate Commerce Committee, and...more

12/19/2013 - Data Breach Data Protection Electronic Communications Privacy Laws

FTC says app developers must shine more light on how they use data

When your own flashlight is spying on you, something is wrong. That, at any rate, is the Federal Trade Commission’s thinking in a case that illustrates how, in today’s electronic world, privacy concerns can lurk in the most...more

12/13/2013 - Android Data Collection Disclosure Requirements FTC Geolocation Mobile Apps

Safe Harbor after Snowden: What are the EU’s biggest pain points on data privacy?

Internet commerce works because data flows freely around the globe — usually. But there are barriers to data flows, and recent developments have spotlighted a key one: the European Union’s restrictions on the international...more

12/6/2013 - Data Protection EU Internet Privacy Laws Safe Harbors

Privacy in social media – is it really an oxymoron?

Yes, privacy in social media is pretty close to an oxymoron. At least in U.S. privacy law, the key issue for determining whether one has a privacy right is whether there was a “reasonable expectation of privacy” in the...more

11/25/2013 - Facebook Internet Privacy Policy Right to Privacy Social Media

Attention Internet publishers: Linking limits libel liability

When the Internet was young, and the thrills of hypertext linking were still new, hyperlinks were viewed as a potential source of liability. I wrote about linking liability then, and followed up a few years later, as more...more

11/21/2013 - Affirmative Defenses First Amendment Internet Libel Publishers

Advertising Law: It's not your father's first amendment

Advertising seems like an unlikely candidate for constitutional protection. Think of the snake oil and patent remedy advertisements in newspapers a century ago. Even today, political candidate ads seem to take an "anything...more

11/19/2013 - Advertising First Amendment Free Speech

What’s the future of free speech protections for advertisements?

Faced with sharply declining ad revenue, both the Associated Press and The New York Times recently announced plans to incorporate native advertising into their editorial content streams....more

11/8/2013 - Advertising Brand First Amendment Free Speech Native Advertising

Do’s and don’ts for dot-com ads

Internet and mobile advertising is subject to the same rules as anything else, the Federal Trade Commission recently assured us in a detailed 53-page booklet....more

4/3/2013 - Advertising Disclosure Requirements Dot Com Disclosure Guide FTC Marketing Mobile Devices

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