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Internet of Things (IoT) Security Takes Center Stage At FBI, DHS, NIST and Congress

On October 21, 2016, a domain name service host and internet management company experienced at least two waves of a distributed denial of service (DDoS) attack that impacted at least 80 websites, including those belonging to...more

Privacy Tip #61 – Beware of Fake Apps that are Gearing Up for the Holiday Season

The New York Times reported last week that “hundreds of fake retail and product apps have popped up in Apple’s App Store in recent weeks”—just in time to deceive holiday shoppers....more

FCC Adopts New Broadband Privacy Rules and Begins Process to Eliminate Mandatory Arbitration Clauses

On November 2, the FCC released its Report and Order adopting new broadband privacy rules after a 3-2 vote. Among other extensive obligations, the new rules require broadband Internet service providers to notify...more

You Just Used My Picture Without Permission?

Artist Richard Prince’s exhibit entitled “New Portraits’’ was displayed at New York City’s Gagosian Gallery and Frieze New York during the summer of 2015. This exhibit featured screenshots of other people’s Instagram photos....more

FTC Releases Tips & Advice on Ransomware

On November 10, 2016, the Federal Trade Commission (FTC) released tips and advice for businesses and consumers on ransomware. For businesses, the FTC released Ransomware – A closer look and a companion video, Defend against...more

Socially Aware: The Social Media Law Update Volume 7, Issue 6

Commercializing user-Generated Content: Five risk reduction strategies - We’re in the midst of a seismic shift in how companies interact with user-generated content (UGC). For years, companies were happy simply to...more

Bluetooth Beacons: What You Need to Know

Bluetooth beacons can be a powerful tool for customer engagement. The 2015 holiday season saw retailers experimenting with this kind of proximity marketing, and 2016 is looking like it will see the large-scale deployment of...more

President Donald J. Trump – What Lies Ahead for Privacy, Cybersecurity, e-Communication?

Following a brutal campaign – one laced with Wikileaks’ email dumps, confidential Clinton emails left unprotected, flurries of Twitter and other social media activity – it will be interesting to see how a Trump Administration...more

FTC Provides Nonbinding Materials to Help Businesses Defend Against and Respond to Data Breaches

On October 25, 2016, the Federal Trade Commission (FTC) released its nonbinding “Data Breach Response” guide with an accompanying blog post and video, all directed to help businesses prepare a data breach response plan. The...more

10 German Data Privacy Supervisory Authorities Investigating Potential Unlawful International Data Transfers

According to a press release of the Data Protection Supervisory Authority in the Land Mecklenburg Vorpommern of November 3, German supervisory authorities have randomly selected 500 companies in Germany and sent them requests...more

Misleading Terms & Conditions and Unfair Contract Terms: The Italian Competition Authority Opens Two Investigations against...

On 28 October 2016, the Italian Competition Authority (the “Authority”) opened two investigations against WhatsApp Inc. for alleged unfair commercial practices. The first investigation by the Authority alleges that WhatsApp...more

A Selfie’s Worth a Thousand Dollars

A picture might be worth a thousand words, but could it also be worth a thousand dollars? New technology by MasterCard and Amazon may mean that the new hammock you’ve been eying online is only a camera flash away....more

DOT Issues Proposed Cybersecurity Guidance to Automotive Industry

Vehicle-related cyber incidents could have devastating and deadly effects, particularly as cars and trucks become more highly automated and rely more heavily on wireless technologies. To combat this threat, the U.S....more

HHS Publishes New Guidance on HIPAA and Cloud Computing

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued a new guidance regarding HIPAA compliance and the use of cloud computing solutions. The guidance is intended to assist covered entities...more

California Attorney General 'Crowdsources' Reporting of Privacy Policy Violations

This initiative by the Attorney General is effective immediately and is just the latest example of California’s effort to increase enforcement of laws aimed at protecting the privacy and data security of individual consumers....more

Ten Things to Know About the CMS Long-Term Care Requirements Final Rule

Deadlines are looming to come into compliance with sweeping changes to the Centers for Medicare & Medicaid Services (CMS) requirements for long-term care facilities (LTC) participating in Medicare and Medicaid. The CMS final...more

UK ICO Offers Guidance on Privacy Notices Under the GDPR and the UK Data Protection Act

In an anticipated guidance, the United Kingdom's Information Commissioner's Office (ICO) updated its code of practice for privacy notices titled Privacy notices, transparency and control (the Code). Significantly, the ICO has...more

Safe Travel Series: Dos and Don'ts of Hotel Safety

Hotels are susceptible to a wide array of thefts, scams, hacks, and assaults. Today, the savvy traveler needs to be security conscious. That especially applies to hotels. While any given stay will, in all likelihood, turn out...more

NIST Extends Deadline for Comments to Mobile Device Infrastructure Guidance

All enterprises are struggling with the security risks posed by the use of mobile devices by employees. Companies want their employees to have easy access to information so that they can perform their job functions in an...more

Data Privacy in the UK Post Brexit

Following this summer’s vote to leave the European Union, the wider implications of Britain’s decision to break from the EU continue to be felt as governments, businesses, and private citizens look to forthcoming...more

California Expands Data Breach Notification Law

California’s data breach notification law is already considered the most stringent in the United States. Based on a new amendment recently signed into law, the law will soon get even tougher....more

Privacy Tip #52 – Sharing Your Information with Your Rental Car

I travel a lot and frequently rent cars in cities all over the country. Those of you who know me, (and my husband and children will attest), know that I will not ask for directions. I am definitely more like a man than a...more

Yelp Seeks Dismissal of Consumer Privacy Lawsuit

Last Tuesday, the federal district court for the Northern District of California held oral arguments on a motion for summary judgment filed by Yelp in a consumer privacy lawsuit involving other prominent technology companies,...more

Does Pokémon GO Lure You in With A Dangerous Privacy Policy and Terms of Use?

For years, we have been lamenting that our young people spend too much time indoors playing computer games and not enough time outside or connecting with others. Yet, those same critics now condemn young Pokémon Go players...more

Litigation Alert: The Eighth Circuit Expands Standing to Sue for Violations of Privacy Policies for Paid Services

Earlier this month, the Eighth Circuit expanded standing to bring privacy policy violations claims but limited the definition of personal information in affirming the dismissal of a class action complaint in Carlsen v....more

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