Communications & Media Science, Computers & Technology Privacy

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BYOD: Where the Employee and the Enterprise Intersect

The proliferation of bring your own device programs – or “BYOD” as it is commonly referred – has drastically changed today’s corporate workplace environment. Employees are availing themselves of smart phones, tablets, and...more

Don’t be a Jerk

Last week the Federal Trade Commission (“FTC”) charged the operators of Jerk.com with harvesting personal information from Facebook to create profiles for more than an estimated 73 million people, where they could not be...more

Cyberliability Developments in the Offshore Jursidictions

The offshore jurisdictions are catching up fast with legal issues relating to cybercrime, cyberliability, and the use and discovery of electronic documents. In the wake of the embarrassing leak in April 2013 of about...more

States Further Attempt to Protect Minors' Privacy Online

Following the adoption of a California law protecting minors under the age of 18 online, Delaware has now introduced House Bill 261, which would add a new section called the Child Online Protection Act to Title 6 of the...more

Google and Microsoft Update Their E-Mail Privacy Policies

Google and Microsoft have both recently updated their policies regarding the privacy of e-mail contents. The updates are about different issues and were initiated in response to different events....more

FTC Provides Guidance On Obtaining Parental Consent Under COPPA

The Federal Trade Commission (FTC) has recently responded to three applications seeking approval for new methods for obtaining parental consent under the Children's Online Privacy Protection Rule....more

EU High Court Strikes Down Data Retention Law

On April 8, 2014, the highest court in the European Union invalidated an EU law that required telephone and electronic communications providers to retain user data for up to two years....more

Balancing the data privacy debate: The benefits of big (and little) data

Comments to the White House's recent request for comments on "big data" and how it affects Americans were due April 4, but even before all the comments have been reviewed, we can be pretty sure that, as usual, most business...more

Issue Of Gmail Users’ Consent To Google’s Email-Interception Practices Defeats Class Certification

Google recently scored a big victory in its battle against claims that it is illegally intercepting and scanning the content of emails in order to provide personalized advertisements to Gmail users. Plaintiffs in the various...more

Advertising Law

COPPA + State Law = Privacy Protection for Teens - How does the Children’s Online Privacy Protection Act (COPPA) interact with state law privacy protections for teens? According to amicus briefs filed by both...more

Protection against Business and Legal Risks from the iPhone 5s Security Vulnerabilities

The iPhone 5s debuted with a list of new features designed to enhance its users’ experience. Among the list is Touch ID, a form of biometric security that allows users to lock and unlock their iPhone with their fingerprint....more

The Heartbleed Lesson for All Companies? Manage the Risk...

Threats to data privacy are not going away, but establishing appropriate security measures up-front, performing regular stress-tests on a security system, putting in place procedures to address a data breach and implementing...more

FTC Announces Settlements for Mobile App Security Issues

On March 28, 2014, the Federal Trade Commission (FTC) announced settlements with Fandango, LLC and Credit Karma, Inc. resolving charges that the companies misrepresented the security of their mobile apps in violation of...more

EU High Court Overturns Telecom Data Retention Requirements

The Court of Justice of the European Union, the highest court in the EU, declared the EU’s 2006 Data Retention Directive invalid in a judgment issued on April 8, 2014. The directive, which has been implemented via national...more

First Glance: Legal Implications of the Heartbleed OpenSSL Bug?

The vulnerability caused by the Heartbleed bug circumvents the purpose of OpenSSL: encryption. Therefore, the conclusion would appear to be that any data breach during the time of OpenSSL vulnerability would be reportable...more

European Court Of Justice Declares Data Retention Directive Invalid

The Directive requires public electronic communications providers to retain certain communications data (essentially traffic data) to help in the fight against serious crime. It came into force in 2006 after a number of...more

FTC Sends Message: Make Your Mobile App Secure

Mobile payments have become so commonplace that consumers rarely stop to think about whether their online payment is secure. Mobile app developers can fall into a similar trap of assuming that the necessary security measures...more

M&A Technology Due Diligence Update 2014

Technology Risks Have Changed: Know What To Look For - The perfect storm created by the intersection of (on the one hand) the dramatic increase in the business use of cloud computing, open source software, prolific...more

Data Protection – Italian Fine for Google Inc.

Yet another data protection headache for Google Inc.? Today a number of newspapers reported the news regarding a fine issued against Google. In reality this is the result of a two years procedure ending up last December with...more

The Utility And Risk Of Mobile Device Tracking

Americans are becoming increasingly dependent on mobile devices, such as smart phones. These devices allow us to remain in constant contact with our family, friends, and colleagues. Moreover, the use of these devices is...more

With Nowhere to Hide, Couch Potatoes Offer Opportunity and Peril for Content Providers

The emerging home entertainment market is rife with both opportunity and peril for media and entertainment content providers. Home entertainment is increasingly provided through “Smart” devices such as Microsoft Xbox and...more

FTC Expands Focus on Tracking and Use of Consumers’ Location Data

Over the past few years, the Federal Trade Commission (“FTC”) has provided guidance regarding mobile platforms and app providers’ practices of collecting data about consumers’ locations through their mobile devices, with a...more

Bill of law on Internet-related matters is voted in Brazil

The so-called “Marco Civil da Internet” (i.e. the Bill of Law 2,126/2011, which establishes a civil rights framework for the Internet) was voted and approved by the Brazilian House of Representatives (Câmara dos Deputados)...more

Employer Ownership of Social Media Accounts

If you have a business with a social media footprint (and what business doesn’t, these days), ask yourself this question: "How confident are you that you own the social networking accounts through which you are building your...more

TCPA Connect - March 2014

FCC Seeks Comment on TCPA Liability When Phone Numbers Switch Hands - What happens when a company with prior express consent to call a consumer’s mobile phone contacts that number only to find that it now belongs to...more

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