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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

FTC and DOJ Issue Antitrust Policy Statement on Sharing Cybersecurity Information

On April 10, 2014, the Federal Trade Commission (FTC) and Department of Justice (DOJ) issued a policy statement clarifying that the Agencies "do not believe that antitrust is – or should be – a roadblock to legitimate...more

FTC Still In Charge Of Privacy Enforcement: Ten Lessons From Wyndham

The Federal Trade Commission (FTC ) is the most active and aggressive federal government agency to investigate and enforce data privacy and security laws against businesses. Section 5 of the FTC Act empowers the agency to...more

DOJ And FTC Release Joint Antitrust Policy Statement Regarding Sharing Of Cybersecurity Information

On April 10, 2014, the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) issued an Antitrust Policy Statement on Sharing of Cybersecurity Information explaining that competitors can share legitimate...more

How Significant is the Wyndham Case to the US Cybersecurity Legal Landscape?

The security community has been abuzz this week with the US. District Court of New Jersey's April 7 ruling in Federal Trade Commission v. Wyndham Worldwide Corporation, et al. Wyndham had asserted in a motion to dismiss that...more

DOJ & FTC Release Cybersecurity Threat Information Exchange Policy

The US DOJ Antitrust Division and the FTC yesterday released a joint policy statement on the sharing of information between private parties, including competitors, to counter cybersecurity threats. The agencies acknowledge...more

FTC, DOJ Issue Antitrust Policy Statement Encouraging Private Sharing of Cybersecurity Information

The Federal Trade Commission and the Department of Justice yesterday issued a joint policy statement on the sharing of cybersecurity information. Declaring that “properly designed cyber threat information sharing is not...more

Stop Phoning It in on Mobile Security: What Your Business Needs to Know About the FTC’s Settlements with Fandango and Credit Karma

If you’re like most Americans, you probably think that the worst thing that Fandango, the online movie ticket service, has ever done to you is make you watch those commercials with the creepy talking paper bags before your...more

Target, University of Maryland Testify on Data Breaches; Congress, FTC and SEC Continue Inquiries

On Wednesday, March 26, 2014, the Senate Committee on Commerce, Science and Transportation held a hearing entitled “Protecting Personal Consumer Information from Cyber Attacks and Data Breaches” and heard testimony from...more

FTC Steps Up Enforcement Action

Last week, the FTC announced that it had settled with a gaming company that falsely claimed to be certified under the US Safe Harbor. The Safe Harbor agreement is a self-certification arrangement under which you can transfer...more

Know Your Subcontractors: Recent FTC Settlement Highlights the Importance of Validating Subcontractor Data Protection Practices

The Federal Trade Commission ("FTC") voted 4-0 on Friday, January 31, 2014 in favor of a settlement with GMR Transcription Services, Inc. ("GMR") and two of its executives in connection with the leakage of sensitive medical...more

Safe Harbor in a Storm

The Federal Trade Commission has flexed its muscles in relation to the Safe Harbor privacy framework, but has it done enough to placate European sceptics? The US Federal Trade Commission (“FTC”) announced on 21 January...more

FTC Settles With Businesses Who Allegedly Misrepresented US-EU Safe Harbor Certification

Beware: Even if your company substantially complies with the Privacy Principles of the US-EU Safe Harbor, failure to annually re-certify can land you in hot water. Twelve US businesses—ranging from sports teams, to...more

FTC Settles U.S.-E.U. Safe Harbor Complaints Against Twelve Companies

On January 21, 2014, the Federal Trade Commission ("FTC") announced agreements ("Settlements") with twelve companies to settle the FTC’s claims that each of the companies had falsely represented that they were in compliance...more

FTC’s 50th Data Security Settlement Sends a Message: Be Careful with Overseas Contractors

The Federal Trade Commission (FTC) sent a message about the importance of imposing appropriate security measures on—and monitoring—vendors with access to confidential consumer information. The FTC issued a 20-year consent...more

"Cybersecurity: Amid Increasing Attacks and Government Controversy, a Framework to Reduce Risk Emerges"

2013 likely will be considered a watershed period in the role of cybersecurity in corporate strategy and management. While there were few significant legislative developments, a marked increase in cybersecurity attacks...more

Is Your Safe Harbor Certification Really Safe?

The Federal Trade Commission has announced 12 proposed settlements with companies accused of falsely claiming that they complied with the US-EU Safe Harbor Framework....more

Privacy Monday – January 13, 2014

These are busy times in the data privacy/security world. If Misery Loves Company, Target Has Friends - Target was not the only target of data thieves this holiday season. Reports over the weekend revealed that...more

Advertising Law - December 31, 2013

FTC Shines a Light on Flashlight App’s Geolocation Data Sharing - In the agency’s first action involving geolocation data, Goldenshores Technologies, LLC, settled charges with the Federal Trade Commission that the...more

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

FTC Expands Reach on Conspicuousness of Privacy Disclosures in Settlement with Android Flashlight App

An FTC settlement with a mobile app over its privacy disclosures alleged to be deceptive may seem to be run-of-the-mill. After all, the FTC has been settling cases for years with companies whose data collection and use...more

Attacked On All Fronts : FTC Defends Its Authority to Sue Companies That Are Victims of Hacking for “Unfair” Security Practices

Getting hacked by Russian hackers three times in two years has turned out to be only half of the problem for Wyndham Worldwide Corporation. The Federal Trade Commission, in a broad interpretation of the authority granted to...more

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

Big Brother is Watching You (Shop For Pants): Mobile analytics firms implement code of conduct for tracking customers while they...

If you’ve ever dealt with that pushy salesperson at Bed, Bath & Beyond who won’t take your word for it that you’re just browsing and not ready to commit to a high-end home espresso machine, you know that being followed around...more

Should we worry about Safe Harbor being suspended because of the NSA’s PRISM Program?

(LONDON) Various data protection power players have called for the suspension or curtailment of the US Safe Harbor program ever since the Snowden revelations that the US NSA has required large internet service providers such...more

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