Administrative Agency Science, Computers & Technology Privacy

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Congress Releases Unclassified Summary on Snowden/NSA Leak

On September 15, 2016, the House of Representatives’ Intelligence Committee released its summary findings of a two-year investigation concerning the unauthorized disclosures made by former National Security Agency (NSA)...more

Privacy Implications of the Federal Aviation Administration’s New Drone Rule

A new era in the field of aviation began on August 29, 2016, when the Federal Aviation Administration’s (FAA’s) long-awaited commercial drone rule went into effect. The new rule, formally known as Part 107, broadly authorizes...more

New Tool for Companies Seeking Qualified Drone Pilots

As more and more drones enter the skies, more and more companies are seeking qualified drone pilots to operate Unmanned Aircraft Systems (UAS) for their business. Skyward, a drone operations management platform, has now...more

Is there a Way to Monetize Commercial Drone Data?

By the end of the year, it is estimated that there will be about 600,000 commercial drones operating in the United States. U.S. Transportation Secretary, Anthony Foxx says, “We are in one of the most dramatic periods of...more

Final Drone Rule and Potential Privacy Implications For Operators

Well, the Federal Aviation Administration’s (FAA) Part 107 commercial drone regulations are in full swing this week and without the inclusion of specific privacy standards, there are still concerns about privacy-related drone...more

Florida Court Holds Budget Request Forms and Activity and Service Fee Records Not “Educational Records”

On August 11, 2016, a Florida state court judge held that the University Central Florida Board of Trustees (“UCF”) must produce Budget Request forms and Activity and Service Fee Database records to Knight News, Inc. (“KNI”)...more

The Small Drone Rule –Part 107 –is Effective on August 29, 2016

Part 107 of the Federal Aviation Regulations (or the Small Drone Rule) applies to non-hobbyist small unmanned aircraft (UAS) commercial operations of all drones under 55 lbs. The final rule will go into effect on August 29,...more

EPIC Challenges FAA’s Final Drone Rule for Lack of Privacy Protections

The Electronic Information Privacy Center (EPIC) filed a complaint against the Federal Aviation Administration (FAA) this week alleging that the final drone rule (Part 107) fails to include privacy regulations. EPIC claims...more

MCLE Self Study Article: Property Rights to the Periphery of the Universe or Only to the Rooftop?: The Effects of Drones on...

Imagine a peaceful summer afternoon at home with your family. You’re inside preparing food for a barbeque while the rest of your family sunbathes and plays by the backyard pool. Suddenly, your teenage daughter runs into the...more

FTC Expands Its Role In Cybersecurity Enforcement By Reviving LabMD Action

On Friday, July 29, 2016, the Federal Trade Commission (“FTC” or the “Commission”) overturned the decision of one of its administrative law judges (“ALJ”) from November 2015 in a suit against LabMD, Inc., now finding LabMD...more

Alert: FTC Commissioners Find LabMD's Failure to Implement Data Security Practices "Unfair"

On July 29, 2016, the Federal Trade Commission (FTC or Commission) announced its long-awaited decision in its LabMD enforcement action. The Commissioners reversed the decision of an Administrative Law Judge (ALJ) and held...more

Federal Trade Commission Holds Medical Laboratory Liable for Allegedly Unfair Data Security Practices

On July 29, the Federal Trade Commission (“FTC” or “Commission”) issued a unanimous Opinion and Final Order reversing the FTC Administrative Law Judge (“ALJ”) Initial Opinion issued November 13, 2015, which had dismissed the...more

No Harm? No Matter. FTC Broadens Data Security Liability

No harm, no foul? Not according to the FTC. On July 29, 2016, the Commission held that a showing of tangible injury was not necessary in order for company acts and practices to be considered unfair. The case, In the...more

FTC: LabMD Tests Positive for “Unfair” Security Practices

LabMD’s lack of data security measures resulted in the FTC Commission overturning an Administrative Law Judge (“ALJ”) decision that previously dismissed charges against the company in November. LabMD performed laboratory...more

Commission Holds FTC Unfairness Claim Does Not Require “Probable” or Tangible Injury in LabMD Data Security Case

The Federal Trade Commission unanimously (3-0) ruled on July 29, 2016 that LabMD’s data security practices were “unfair” under Section 5 of the FTC Act, reversing a decision of its Administrative Law Judge (ALJ). As we...more

LabMD Opinion Reverses ALJ Decision; Articulates Standard for “Substantial Injury” Under the Unfairness Prong of the FTC Act for...

In a widely anticipated move, the Federal Trade Commission (FTC) has overruled a decision by its own Administrative Law Judge (ALJ) that had dismissed a case against a medical testing laboratory accused of unreasonable data...more

Companies That Collect Sensitive Consumer Data Should Note the FTC’s LabMD Ruling

The FTC has been a leader in enforcing cybersecurity issues in recent years, and just last week it issued a highly-anticipated decision on its authority to regulate cybersecurity as a form of unfair consumer practice under...more

FTC Establishes a Low Bar for Consumer Harm in Data Security Cases: Finds LabMD Engaged in Unfair Practices

On July 29th, the Federal Trade Commission (the Commission) issued an important opinion in its long-running data security case against LabMD, finding that the company engaged in unfair practices in violation of Section 5 of...more

FTC Plants A Flag With LabMD Ruling: What This Means for Enforcement

On Friday, the heads of the Federal Trade Commission overruled the decision of the Administrative Law Judge (“ALJ”) in In the Matter of LabMd., Inc. The FTC concluded that the ALJ had erred in dismissing the Commission’s case...more

Turkish hackers claim hacking into Library of Congress website

A hacking group that has dubbed itself the “Turk Hack Team” is taking credit on an online message board that it hacked into the Library of Congress website and hosted systems of Congress.gov, the Copyright Office,...more

Breaking News: FTC Vacates ALJ’s Ruling and Finds LabMD Liable for Unfair Data Security Practices

In a ruling issued this morning, the Federal Trade Commission found that LabMD, the defunct Atlanta-based cancer detection lab, failed to protect patient information and is liable for unfair data security practices. The...more

Drones used for accident analysis — quickly, safely and accurately

Last week, the results of an experiment conducted by the Las Vegas Metropolitan Police Department (LVMPD) and Unmanned Experts Inc. (Unmanned Experts), a Denver-based unmanned aircraft systems (UAS) technology applications...more

Utah votes to let authorities disable drones near wildfires

This week, in Salt Lake City, lawmakers approved a bill that would allow Utah authorities (i.e., firefighters or law enforcement) to disable and down drones if they are being flown too close to wildfires. Governor Gary...more

Client Alert - The Government Makes a Business Associate Pay: What HIPAA Covered Entities and Business Associates Can Learn from...

The government has entered into its first settlement with a HIPAA business associate, including a $650,000.00 monetary penalty, ushering in a new period of enforcement for third parties who use Protected Health Information...more

FAA Regs For Small Drones — A Step In The Right Direction

On June 21, 2016, after a long wait and much anticipation, the Federal Aviation Administration announced that it had finalized the regulations that will govern the commercial use of small unmanned aircraft systems (UAS) in...more

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