Communications & Media Privacy

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
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Instagram for Sale: Artist Richard Prince’s New Portraits Sparks Controversy

In the past week, several news outlets and social media channels have been buzzing about artist Richard Prince’s exhibit New Portraits, which first debuted at the Gagosian Gallery on September 19, 2014 and was reborn with...more

FCC Chairman Proposes New TCPA Rules

The FCC is ready to rule on long-standing petitions seeking clarifications of the Telephone Consumer Protection Act and related FCC regulations. On May 27, 2015, FCC Chairman Tom Wheeler circulated a proposed regulatory...more

FCC Releases Enforcement Advisory Regarding Privacy and Internet Service Providers

On May 20, the FCC released an enforcement advisory regarding the enforcement of Section 222 of the Communications Act as it relates to providers of broadband Internet access service (BIAS). The advisory bulletin indicates...more

FCC Chairman Issues Fact Sheet Announcing Proposed Omnibus Declaratory Rulings to Address TCPA Petitions

On Wednesday, May 27, 2015, the FCC released a Fact Sheet announcing that Chairman Wheeler circulated a proposal to the other Commissioners for resolution of two dozen pending petitions seeking clarification of the FCC’s...more

Adult FriendFinder confirms data breach of its users’ personal information

On May 22, 2015, an online dating service called Adult FriendFinder confirmed that there had been a data breach of some of its 64 million users’ personal information. In an online notice to its users, Adult FriendFinder said...more

FCC Chairman Circulates Proposed Rulings on "Autodialer," "Recycled Numbers," and Other TCPA Issues

On May 27, 2015, Federal Communications Commission (FCC) Chairman Tom Wheeler announced in a posting on the official FCC blog that he has circulated a proposal to his fellow commissioners that will address numerous issues...more

Sending Fax Advertisements that Comply with the TCPA and FCC Opt-Out Notice Requirements

The Federal Communications Commission (FCC) clarified on October 30, 2014, that, pursuant to the Telephone Consumer Protection Act (TCPA), senders of fax advertisements must comply with specific FCC opt-out notice...more

Rise of the Video Vigilantes: Handling Secret Workplace Recordings

Video vigilantes are on the rise, and their recordings can quickly go viral. What should employers do to prepare for, handle and prevent covert recordings made in the workplace? Just a few short years ago HR and...more

Connecticut Restricts Employer Access to Personal Social Media, E-mail and Online Retail Accounts of Employees and Applicants

On May 19, 2015, Connecticut Governor Dannel P. Malloy signed into law a new statute restricting an employer’s ability to gain access to social media, e-mail and other personal online accounts of employees and job...more

Status Updates: Errand Apps for Everyone?; A Right to Be Forgotten Update; Your Entire Google Search History

Information wants to be (not quite) free. In its early years, the Internet was often seen as a vehicle for democratizing data, taking information that was previously accessible only to a select few and making it available to...more

Keeping Your Privacy Promises: Retail Tracking and Opt-Out Choices

As children, many of us were taught how important it is to “keep your word.” Similarly, it is black letter privacy law that if a company commits (for instance, in a privacy policy or in website statements) to certain actions...more

The FTC Weighs in on In-Store Tracking. Or Does It?

In law school, everybody learns the adage that hard cases make bad law. When it comes to the Federal Trade Commission, a better aphorism might be, “easy cases make new law.” The FTC’s recent settlement with Nomi Technologies...more

USA Today Defeats Video Privacy Class Action

In Yershov v. Gannett Satellite Information Network, Inc. d/b/a USA Today, No. 14-13112 (D.Mass. May 15, 2015), the District Court for the District of Massachusetts recently granted a motion to dismiss a putative class action...more

Third Parties, Government Challenge RadioShack’s Sale Of Customer Data

On May 13, an affiliate of Standard General LP agreed to pay $26.2 million for a portfolio of the bankrupt RadioShack Corp.’s intellectual property, including a database of 67 million RadioShack customer addresses, 8.5...more

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

Privacy law and anti-spam: Guidance from the Office of the Privacy Commissioner of Canada

Recent enforcement under Canada’s anti-spam legislation (CASL) by the Canadian Radio-Television and Telecommunications Commission (CRTC) is keeping the spotlight on this new legislation, which came into force just last year....more

Employer sued for invasion of privacy by tracking its employees’ every move –on and off company time

Can your employer track you 24-7? This plaintiff, Myrna Arias, a former-Intermex sales executive, claims that her employer’s constant tracking of her every move violated her privacy rights. In Bakersfield, California, Arias’...more

Connecticut Becomes Newest State with Social Media Privacy Law

Connecticut Governor Daniel Malloy signed Connecticut’s new social media law on Tuesday, May 19, 2015 prohibiting employers from: (1) requesting or requiring that an employee or applicant provide the employer with a user...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

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

Future Unclear For NSA’s Bulk Telephone Metadata Collection Program

Fast approaching is the June 1 expiration of certain provisions of the Patriot Act, including § 215 (codified as 50 U.S.C § 1861), which is the basis for the National Security Agency’s (NSA) bulk telephone metadata collection...more

Eraser Laws: Forgetting a Minor's Past to Save His Future

Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got a bigger problem: When he was 17, he was not as wise as he is now at the...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

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