News & Analysis as of

Privacy Antitrust & Trade Regulation Science, Computers & Technology

Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:

The FTC Seeks Comment: How Trusty Is The TRUSTe Plan For COPPA Certification?

by King & Spalding on

The Federal Trade Commission (FTC) is currently seeking comment on proposed changes to TRUSTe’s safe harbor program under the agency’s Children’s Online Privacy Protection Rule (COPPA). Per the Federal Register notice, the...more

FCC Launches Proceeding to Rollback Net Neutrality

by Perkins Coie on

New developments: Since we published our update below, the FCC has adopted a Notice of Proposed Rulemaking to begin the process of rolling back the rules and regulatory framework for net neutrality...more

Data Security Under Commissioner Ohlhausen: What You Need to Know

The Federal Trade Commission (FTC) has been a critically important regulator of cybersecurity practices in the US, using its authority under Section 5 of the FTC Act to bring enforcement actions against companies for failing...more

NIST Plans To Examine Internet of Things (IoT) For Its Cybersecurity Framework

by Dentons on

The National Institute of Standards and Technology (NIST) is holding a Cybersecurity Framework Workshop this week at its headquarters in Gaithersburg, Maryland. The purpose of the workshop is to discuss issues related to its...more

Senator To Propose ISP Consumer Privacy Bill

by King & Spalding on

On Friday, April 14, 2017, Senator Richard Blumenthal (D-Conn.) announced his plan to introduce a bill that would allow the Federal Trade Commission (“FTC”) to regulate consumer privacy protections regarding Internet service...more

Federal Trade Commissioner Criticizes Repeal Of FCC Privacy Rules

by King & Spalding on

On April 17, 2017, Federal Trade Commissioner Terrell McSweeny spoke at an event in Washington, D.C., hosted by New America’s Open Technology Institute about broadband privacy issues in the wake of the repeal of the Federal...more

FTC Launches Website to Help Small Businesses with Cyber Attacks

The Federal Trade Commission (FTC) announced on May 9, 2017, that it has launched a new website that “helps small businesses avoid scams and cyber-attacks.”...more

Mobile Marketing - The Legal Guardrails

by King & Spalding on

Dangerous Regulatory Landscape - ..Federal Law .TCPA .CAN-SPAM .FTC Regulations .FCC Regulations ..State Laws .Consumer Protection Statutes .Commercial Electronic Mail Acts .Privacy Torts... Please...more

House Republicans Urge FCC To Protect Online Privacy

by King & Spalding on

In a letter to Federal Communications Commission (“FCC” or the “Agency”) Chairman Ajit Pai, 50 Republicans in the House of Representatives urged the FCC to rectify the 2015 Open Internet Order’s reclassification of broadband...more

Ninth Circuit Grants FTC Request for Rehearing En Banc of AT&T Throttling Case, Setting Aside Earlier Opinion

by Kelley Drye & Warren LLP on

On May 9, 2017, the U.S. Court of Appeals for the Ninth Circuit issued an order granting a Federal Trade Commission (FTC) request for rehearing en banc of the court’s earlier decision to dismiss an FTC case against AT&T...more

Is There Fire Where There’s Smoke? The FTC Says Yes

In January of this year, the Federal Trade Commission (FTC) brought suit against Taiwan-based D-Link Corp. and its U.S. subsidiary, D-Link Systems Inc, in Los Angeles Federal Court, for failing to properly secure its consumer...more

California Bill Mandates Privacy By Design For IoT Devices

Manufacturers of Internet-connected devices (better known as the Internet of Things) should be following a new California bill closely because it would create a mandate under California law that all IoT devices have built-in...more

FTC resolves allegations against three U.S. based companies involving misrepresentations of International Privacy Program...

Privacy laws in Asia-Pacific countries such as Japan, Australia, New Zealand and Singapore restrict the export of personal information except when the exporter meets certain qualifying conditions. One qualifying condition is...more

FTC Privacy and Data Security Enforcement Activity Continues Unabated under the Trump Administration

by Ballard Spahr LLP on

Last week, the Federal Trade Commission (FTC) Bureau of Consumer Protection’s Acting Director, Thomas Pahl, posted on the FTC’s Business Blog about the FTC’s role as the federal agency with the “broadest jurisdiction” to...more

Comply with Telemarketing Laws or Face the Consequences

by Klein Moynihan Turco LLP on

Last week, the Federal Trade Commission (“FTC”) announced its settlement with “the ring leader of telemarketing operations that blasted illegal robocalls to consumers and called phone numbers listed on the National Do Not...more

What’s the State of the Tech Industry? Trump Admin’s Repeal Means Broadband Net Providers and Tech Companies Now Face Consumer...

by Butler Snow LLP on

A recent repeal of federal consumer privacy rules has opened the door to potential sharing and use of sensitive, consumer data with only individual state privacy laws standing in the way....more

Geotargeting Medical Facilities? Massachusetts Says ‘No Snoop For You!’

by Morgan Lewis on

Geotargeting—delivering content to users based on their geographic location—has become a popular and effective marketing tool. Yet proper implementation may be more nuanced than originally contemplated because certain...more

TrustE Pays $100,000 with NYS for Failing to Protect Children’s Websites

On April 6, 2017, New York Attorney General Eric Schneiderman (AG) announced that he has settled an investigation against TrustE for alleged violations of failing to adequately prevent illegal tracking technology on...more

Privacy Certification Program Settles COPPA Violations with NYAG

by Kelley Drye & Warren LLP on

Last week, True Ultimate Standards Everywhere, Inc. (“TRUSTe”) agreed to pay the New York Attorney General (“NYAG”) a $100,000 penalty, and beef up privacy measures, to settle alleged violations of the Children’s Online...more

New York Attorney General Settles Claims against Three Health Apps

by Morgan Lewis on

Health app developers must be vigilant not only of federal laws, but of state laws as well. On March 23, New York Attorney General Eric T. Schneiderman announced a settlement with developers of three health-related...more

New York Attorney General Enters Digital Health App and Privacy Enforcement Fray: Announces Three Settlements with Health and...

by Ropes & Gray LLP on

On March 23, the New York Office of the Attorney General (“NY OAG”) announced Assurances of Discontinuance (“Settlements”) with three developers of health and fitness mobile apps. The Settlements appear to mark the NY OAG’s...more

The FTC and LabMD’s Legal Battle Gets Personal: First Amendment Claims Against FTC Lawyers Survive

The Federal Trade Commission’s (FTC) sprawling and contentious legal battle with now-defunct medical testing company LabMD recently took an unusual turn when a federal court allowed LabMD (and its former CEO) to proceed with...more

NY AG Enters Mobile Health App Enforcement Arena with Settlements Targeting Health Claims and Privacy Practices

by Kelley Drye & Warren LLP on

New York Attorney General Eric Schneiderman recently announced settlements with three mobile health app developers resolving allegations that they made deceptive advertisements and had irresponsible privacy practices. The...more

State Attorneys General Gather to Discuss Privacy Enforcement

by Reed Smith on

A panel at a meeting of the National Association of Attorneys General highlighted data breaches and privacy in the context of new technology, signalling that state regulators are focused on consumer protection in this...more

FTC Nets $500,000 Settlement for Alleged Consent Order Violation Related to Online Data Collection Practices

by BakerHostetler on

On March 17, 2017, the Federal Trade Commission (FTC) announced that it had reached a $500,000 settlement with Upromise, a membership reward service aimed at families saving for college. The FTC had alleged that Upromise...more

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