Communications & Media Privacy

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
News & Analysis as of

Studies Show Ransomware up 6,000% and Reaps Billions and Phishing Emails are Used in 91% of all Cyber-Attacks

A recent IBM study shows that ransomware increased 6,000 percent in 2016 over 2015. According to the report, ransomware was present in almost 40 percent of all spam email messages....more

Client Alert: Action Needed by Organizations whose Websites allow User Postings

Businesses and nonprofits that operate a website or other online presence (mobile app, blog, portal, game, etc.) where users may post content (for example, in a user forum) will need to take action in 2017 in order to obtain...more

EU e-Privacy Regulation Raises Stakes for Compliance

The European Commission's proposed e-privacy regulation sets forth obligations on handling electronic communications and clarifies obligations for seeking consent for the use of cookies. Meant to bring the e-privacy directive...more

DSM Watch: European Commission's data package explores data ownership, localization, liability and portability, highlighting...

On January 10, 2017, the European Commission released a Communication, a fact sheet, a working document and a public consultation relating to Europe’s “data economy”. The fact sheet states that “data is a new type of...more

EU Proposed ePrivacy Rules to Extend to all Electronic Communications Providers

On January 10, the European Commission proposed new legislation that would update and supplement current ePrivacy rules and extend their scope to all providers of electronic communication services. The following is a...more

Privacy Tip #69 – Hit with Ransomware? To Pay or Not to Pay

Every day I get a call from a client asking for help involving ransomware. Friends have called in a panic when that dreadful message comes up on the screen informing you that you are the victim of ransomware with instructions...more

European Commission Proposes New Privacy Rules for Electronic Communications

On January 10, 2017, the European Commission presented its proposal for a Regulation on Privacy and Electronic Communications (the “Proposed Regulation”). The Proposed Regulation would repeal and replace Directive 2002/58/EC...more

Sessions Commits to Enforcing USA FREEDOM Act

On Tuesday, January 10, 2017, in his confirmation hearing before the Senate Judiciary Committee, Senator Jeff Sessions, (R., AL), the president-elect’s nominee to lead the Department of Justice (DOJ), said that he intends to...more

Class Action Quarterly Update - Fall 2016

Class action filings during the fall of 2016 continued to be dominated by Telephone Consumer Protection Act (“TCPA”) cases. As of October 1, 2016, nearly 150 cases have been filed; these filings are both daily in frequency...more

Internet of Things: Navigating Privacy, Data Security, and Client Trust in the Age of Big Data

In-house attorneys Olga Mack and Katia Bloom on risk management, data security, privacy, and client trust in the rapidly developing IoT Age....more

New Notice and Consent Rules under Proposed EU e-Privacy Regulation

The European Commission has released its proposal for a new EU e-Privacy Regulation that will replace the existing e-Privacy Directive. The high level aim of the draft e-Privacy Regulation is to harmonise the specific...more

Your Company’s Website Privacy Policy Probably Needs a Refresh (Before February 1, 2017)

As 2016 has come to a close, now is a good time to take stock of new disclosure obligations for website privacy policies introduced over the course of the year. It is likely that if your company’s privacy policy has not been...more

Court Finds “Nuisance” to be Concrete Injury under the TCPA

The United States District Court for the Middle District of Florida has ruled that nuisance and invasion of privacy claims are concrete injuries for standing purposes under the Telephone Consumer Protection Act (“TCPA”). In...more

US Trade Associations and ISPs Petition FCC to Reconsider New Privacy Rules

On January 3, several US trade associations and internet service providers (ISPs) submitted petitions requesting that the Federal Communications Commission (FCC) reconsider its broadband privacy rules mandating consumer...more

Internet Law in a Trump Presidency

In a Democracy, transitions in leadership happen more frequently than in any other form of government. And with those transitions, some previous policies and orders are preserved and some are reversed. This approach to...more

EU court strikes down security legislation over privacy concerns

A recent decision of the Court of Justice of the European Union (“ECJ”) imposes restrictions on the use by member states’ law enforcement and national security agencies of telecommunication traffic and location records as...more

Massachusetts Data Breach Notification History Now Available Online

The Massachusetts Office of Consumer Affairs and Business Regulation (OCABR) has published an online list of data breach notifications issued each year to Massachusetts residents since 2007, the inception of the...more

Amazon’s Echo May Possess Evidence in a Murder Case

Police in Bentonville, Arkansas are seeking records from an Amazon Echo device (for the second time) which may contain records in connection with a murder investigation in the home of James Andrew Bates where Victor Collins...more

American Eagle Settles TCPA Class Action for $14.5 Million

American Eagle Outfitters (American Eagle) settled a class action filed against it for alleged Telephone Consumer Protection Act (TCPA) violations for $14.5 million last week. The class action complaint alleged that American...more

Cyber-attack on LA County Compromises 756,000 individuals’ information

A Nigerian national has been charged with a cyber-attack on Los Angeles County employees that compromised the personal information of over 756,000 people. The attack took place on May 13, 2016, when the attacker sent a...more

FCC Denies TCPA Exemption for Mortgage Servicing Calls

The Federal Communications Commission (FCC) has denied the petition filed by the Mortgage Bankers Association (MBA) seeking an exemption from the prior express consent requirement of the Telephone Consumer Protection Act...more

Privacy Tip #67 – Don’t Fall for Telemarketing Schemes Offering to Fix Your Computer

I received a call last week on my home land line and when I picked it up (hardly anyone I want to actually talk to calls my home telephone number) the caller on the other end informed me that he was from “Microsoft 10,” that...more

Spectrum Powering the Internet of Things

Leaders from the public and private sectors recently analyzed the relationship between federal spectrum policy and the Internet of Things (IoT) at the Fifth Annual Winnik International Telecoms and Internet Forum. In a...more

2016 was the Year of the Data Breach

Although every year we lament about the significance of data breaches in the past year, 2016 was by far the worst. Data breaches were rampant, victimizing every industry and numbing consumers in the process. It was so bad...more

Winnik Forum Panelists Explore Cybersecurity in the Connected World

Hogan Lovells’ Winnik International Telecoms & Internet Forum  explored how the Internet of Things (IoT) may continue to expand the scope of cybersecurity concerns. Cybersecurity risks for the IoT were previously synonymous...more

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