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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FCC Releases Enforcement Advisory – Tells Broadband Providers to Take “Reasonable, Good Faith” Steps to Protect Consumer Privacy...

Come June 12, unless stayed by a federal court, broadband Internet service providers will be subject to expanded requirements to protect consumer privacy and new limitations on the use of customer data under the FCC’s recent...more

The NAI Issues Privacy Guidelines For Interest-Based Advertising, Ad Delivery and Reporting

The Network Advertising Initiative (NAI) has issued guidance for its members on the use of non-cookie technologies for Interest-Based Advertising (IBA) and Ad Delivery and Reporting (ADR) (Guidance). The NAI is a...more

Self-Regulatory Authorities Police Online Ad Industry in Another Sweep

Interest-based advertising (IBA), also known as behavioral advertising, creates profiles of consumers based on their online activities over time and across services, and uses them to send consumers relevant, targeted ads. To...more

EU Council Confirms the Forthcoming Strong Enforcement of Fundamental Right to Data Protection

A recent leaked draft proposal reveals the position of the E.U. Council as regards to the fines system that will come into force under the proposed new General Data Protection Regulation in the E.U. member states. The huge...more

FCC Enforcement Advisory: Broadband Providers Must Take Reasonable, Good Faith Steps to Protect Consumer Privacy

On Wednesday, May 20, 2015, the FCC’s Enforcement Bureau issued its first enforcement advisory in the post-Open Internet Order era. Not surprisingly, the Bureau’s first advisory addressed the consumer privacy obligations of...more

TCPA Connect - May 2015

Court Orders $22M Payment in TCPA Fax Suit - A federal court judge in New Jersey recently held that a defendant could be directly liable under the Telephone Consumer Protection Act for fax ads that it did not send. As a...more

Nomi FTC Settlement Highlights Risks of Publicizing Company Privacy Policies

A closely divided Federal Trade Commission (“FTC” or the “Commission”) has signaled support for the agency’s recent focus on mobile device privacy. On April 23, 2015, the five-member Commission voted 3-2 to accept a proposed...more

Is Creepy Compensable?

A watchful eye can be a good thing. We all want to keep an eye on what’s important. In an increasingly fast-paced world, however, it gets harder. The Internet and advances in mobile technology put so much information at our...more

BELGIUM: Belgian Privacy Commission fires its first warning shot to Facebook

Based on its on-going investigation of Facebook’s new terms and conditions, the Belgian Privacy Commission has issued a public recommendation (which can be consulted here in English language). The document focuses on...more

Privacy Policy of Mobile Apps: No Standard for Transparency

In the standards set by the California Online Privacy Protection Act (CalOPPA) to developers of websites and mobile applications, websites and apps have to have their privacy policy clearly labeled, properly displayed, easy...more

Advertising Law - May 2015 #3

U.S. Supreme Court Could Decide Future of Privacy Law Class Actions - The future of consumer class actions alleging privacy violations may be in the hands of the U.S. Supreme Court now that the justices have granted...more

In-Store Monitoring: How to Enjoy the Benefits of Tracking While Minimizing Potential Privacy Issues

In the latest example of the conflict between technological innovation and privacy concerns, the Federal Trade Commission (FTC) reached a settlement agreement last month with Nomi Technologies, Inc. Nomi is a startup...more

Self-Regulatory Ad Programs Get Updated with Enforcement of Mobile Guidance to Begin Sept. 1

The digital advertising industry’s decision to start enforcing its self-regulatory principles will mean that mobile platform advertisers and other entities will face additional consumer notification, data use, and data...more

FTC Commissioner Says That The FTC’s Data Privacy And Security Enforcement Authority Applies To The “Internet of Things”

In a keynote address at the European Data Protection Days conference on May 4, 2015, Federal Trade Commission (“FTC”) Commissioner Julie Brill said that the FTC has enforcement authority under Section 5 of the FTC Act...more

New Guidelines on Online Profiling

The Italian Data Protection Authority (Garante per la protezione dei dati personali, the “DPA”) just issued new Guidelines on online profiling aimed at further clarifying the privacy-related obligations for internet service...more

The data protection sweep day on apps and websites addressed to children occurred on Tuesday!

On Tuesday, the Italian Data Protection Authority (Garante per la protezione dei dati personali, the “Italian DPA”) announced that, 28 privacy authorities across the world, members of the Global Privacy Enforcement Network,...more

Spotlight on Vendor Management: “Brother’s Keeper” Enforcement Pattern Becoming the Norm

Two regulatory enforcement matters announced in April offer a view into the current mindset of regulators in the ever-evolving world of vendor management. First, the Federal Communications Commission (FCC) announced a $25...more

FTC Ramps Up Scrutiny of Retail Location Analytics

To improve customer experience and understand customers’ movements and interactions on their premises, retailers, hotels and other brick-and-mortar businesses increasingly use signals from mobile devices to observe their...more

Partners HealthCare Hit with Phishing Expedition Exposing 3,300 Patient Records

Late last week, Partners HealthCare announced that it notified approximately 3,300 patients of a security breach involving a hacking incident where intruders accessed medical and personal information of patients....more

Decision Highlights Questions Over Substantiation for Weight Loss Claims

The Eleventh Circuit recently issued a decision in an contempt proceeding against Hi-Tech Pharmaceuticals and several individuals. The case highlights the ongoing debate over whether clinical trials are required for weight...more

Legal Implications of Social Media and Mobile Technology

On April 27, I had the distinct privilege of presenting a session devoted to the legal implications of social media and mobile technology to the leadership of AHAA, The Voice of Hispanic Marketing at their 2015 Annual...more

Advertising Law - May 2015 #2

Data Breach Notification, Cyber Sharing Bills Move Forward - As multiple privacy and data security bills wend their way through the legislative process, three proposals have made significant steps forward. ...more

Beware – Price Fixing by Algorithms

So, you’ve designed a great looking poster. Posters are sold all over Twitter and other social media sites, and now you’ve been lucky enough to land a space in Amazon Marketplace. You’re not the only one selling posters, of...more

Apple’s Streaming Music Service Under Investigation

It has been a busy several months for antitrust regulators and the tech giants whose alleged conduct has recently drawn their ire. Just a few weeks ago, Google formally became the subject of a European investigation into its...more

Technology And The Workplace

How Email And Texting Are Transforming Business Interactions - The automotive industry has embraced technology. Most dealerships have installed business development centers, and Internet departments to attract the...more

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