Communications & Media Consumer Protection Science, Computers & Technology

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
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Publishers close the book on one e-books case; Supreme Court decides whether to reopen another

We will soon know whether the Supreme Court will grant Apple’s cert petition asking the Court to review and reverse its antitrust violation for conspiring with publishers to fix the prices of e-books. The Court will consider...more

Top 5 Legal Considerations for FinTech Advertising

The growth and expansion of FinTech service providers nationally and internationally over the last five years is reshaping the financial landscape. This evolution includes differentiation in how financial products are...more

Update on Initiation of FCC Rulemaking to Implement the New TCPA Exemption for the Collection of Government Debt

Some of you may remember that back in early November 2015, I wrote about a then little-noticed provision slipped into the Bipartisan Budget Act of 2015. That provision, designed to find more revenues to offset government...more

FTC settles case against Vulcun for installing apps on users’ phones without permission

On February 5, 2016, the Federal Trade Commission (FTC) announced that it has agreed to settle its case against Vulcun alleging that it “unfairly replaced a popular web browser game with a program that installed applications...more

Reminder: FCC Annual CPNI Compliance Certifications Due March 1, 2016

The deadline applies to all telecommunications carriers and interconnected VoIP providers. Annual customer proprietary network information (CPNI) certifications are due March 1, 2016, for the period covering January 1...more

New Guidelines on Collecting Biometric Data Help Businesses Stay Ahead of the Game

The amount of data collected worldwide is rapidly proliferating, and one international organization wants to make sure it’s clear how to protect what is arguably the most sensitive category of that data: biometrics....more

A Sea Change on the Horizon for California’s Food Court? FDA Calls for Comment on Use of the Term “Natural” for Food Products

At long last, FDA has called for public comment from the food and beverage industry, citizens, and other stakeholders on the use of the term “natural” on food labeling. As many readers of this newsletter know all too well,...more

Privacy Tip #20 – FTC releases new online tools for identity theft victims-take advantage of them!

As one who is frequently asked “What happens when I become the victim of identity theft?” or “How do I prevent myself from becoming the victim of identity theft?”, I am a pretty big fan of the FTC’s website and refer people...more

FTC files suit against Devry University for deceptive advertisement from data

The FTC filed suit against Devry University on January 27th, alleging that its ads, stating that 90 percent of its graduates obtained jobs in their field of study, and were making 15 percent more than graduates from other...more

Sixty Civil Liberties Groups Petition FCC For Broadband Privacy Rules

A group of sixty prominent civil liberties organizations sent a joint letter to the Federal Communications Commission (“FCC”) on January 20, urging Chairman Tom Wheeler to propose new privacy rules governing broadband...more

It’s all fun and games until someone gets hit with a hefty FTC fine

Two developers of mobile apps for children recently learned an expensive lesson about their legal responsibilities when it comes to protecting children’s privacy. Together, the companies will pay a total of $360,000 in...more

Privacy & Cybersecurity Update - January 2016

In this edition of our Privacy & Cybersecurity Update, we discuss, among other matters, the status of the EU/U.S. Safe Harbor negotiations, as well as changes to privacy laws in Delaware and California that regulate online...more

Weak Baby Monitor Security Subject of FTC Internet of Things Study

On January 19, the Federal Trade Commission posted the results of a small study of baby monitor security, finding that four out of five devices tested did not have basic security procedures in place. The FTC warned that such...more

Facebook biometric case dismissed

We previously reported about a proposed class action suit against Facebook for the alleged violations of the Illinois Biometric Information Privacy Act. Facebook moved to dismiss the case for lack of personal jurisdiction....more

Dialing-In: TCPA Hot Issues for 2016

The year 2015 saw a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). However, unsettled law continues to place a compliance burden on companies that communicate with consumers by...more

Further CRTC Investigation Underway

For the second time the CRTC has publicized the execution of a warrant under the CRTC’s powers under Canada’s Anti-spam law (CASL). The investigation is focused on the installation of malware and the altering of transmission...more

FDA dishes out major regulatory challenges for food industry in 2016

In 2015, the FDA unleashed a surge of new regulations on the food industry carrying key compliance deadlines in 2016. As the FDA continues to intensify its enforcement over its regulated industries, food companies should...more

FTC’s PrivacyCon Highlights Consumer Privacy Perceptions and Targeting

The Federal Trade Commission is currently the most aggressive enforcement agency on privacy and data security. The agency kicked off 2016 with PrivacyCon on January 14, which put the spotlight on academic research on consumer...more

Going Native? Part 2: The FTC’s Native Advertising Guide for Businesses – The Why, When and How of Effective Disclosures

At the end of December, we blogged about the FTC’s long-awaited Enforcement Policy Statement on Deceptively Formatted Advertisements. Along with the policy, the FTC issued a Guide for Businesses that contains seventeen...more

Advertising of broadband prices may be leaving consumers dazed and confused

A new research study conducted by Ofcom and the Advertising Standards Authority (‘ASA’) has ruled that the current industry-wide approach to broadband price advertising is “likely to confuse and mislead” consumers....more

Is the Internet expanding privacy expectations?

Is the Internet invading privacy, or expanding privacy? The conventional wisdom is that the Internet is eviscerating privacy. But in some ways a heightened focus on privacy in the digital era may be creating new and greater...more

FTC warns, connected baby monitors are more susceptible to hackers

At the PrivacyCon event held by the Federal Trade Commission (FTC) last week in Washington, D.C., the FTC warned that several brands of baby monitors lack basic security features like complex passwords and data encryption,...more

Shutterfly and Facebook fighting biometrics suits in Illinois

Friday was a busy day in Illinois with arguments over the Illinois Biometric Information Privacy Act. We previously reported that the first known biometric case has been given the green light to proceed. The case alleges that...more

Civil Liberties Organizations Call on FCC To Regulate Broadband Privacy

In a letter to the Federal Communications Commission (FCC) made public on January 20, 2016, sixty civil liberties organizations, including the ACLU and the Electronic Frontier Foundation, called on the FCC to use its...more

Rise in Cyberattacks on Professional Services Firms

Wilson Elser’s Cyber Incident Response Team has seen an alarming uptick in cyber-criminal activity targeted at professional services firms, particularly accounting firms. As described in more detail below, the criminal...more

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