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Latest Developments in US Privacy and Technology Law

This update provides a snapshot of the Senate’s vote on expansion of the FBI’s National Security Letter authority and the House’s upcoming vote on the Financial Services and General Government appropriations bill as it...more

FBI reports $3.1 billion lost by businesses through “business email compromise”

Wire fraud crime has long been a problem for financial institutions and banks. However, wire fraud through email is a completely different beast. Originally characterized by law enforcement as an extension of traditional wire...more

U.S. Government Petitions to Join Data Privacy Litigation Against Facebook in Ireland

On June 13, 2016, the United States government asked the Irish High Court to be joined as amicus curiae (friend of the court) in the case brought by the Austrian privacy activist Max Schrems against Facebook attacking the use...more

Digital Single Market update - European Commission releases Proposal for updated Audiovisual Media Services Directive along with...

Since the European Commission announced its much vaunted Digital Single Market strategy in May 2015 to boost the EU's digital economy, it has had precious little to show, with major initiatives such as copyright reform and...more

House Homeland Security Committee Holds Hearing On 2015 Cybersecurity Act

On June 15, 2016, the House Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies held a hearing to examine industry perspectives on the implementation of the Cybersecurity Act...more

North Carolina Cyberbullying statute struck down as unconstitutional

On February 9, 2012, Robert Bishop was arrested and charged with one count of cyberbullying under the North Carolina Cyberbullying statute, which states that it is “unlawful for any person to use a computer or computer...more

NTIA Multistakeholder Process Finalizes General Privacy Guidelines for Commercial Facial Recognition Use

We’ve previously blogged about the National Telecommunications and Information Administration (NTIA) privacy multistakeholder process to address concerns associated with the emerging commercial use of facial recognition...more

FTC Updates Consumer Guidance for Online Tracking

On June 23, the FTC updated its consumer information page to provide updated guidance on “Online Tracking.” The updated guidance is intended to provide consumers with information on different methods of tracking, how they...more

Latest FTC Privacy Action Looks Carefully at Geolocation Promises

A mobile device’s geolocation can be passed to apps and ad networks through various application programming interfaces (APIs) provided by Android or iOS, but there are other ways to determine a consumer’s location using...more

DHS and DOJ Release Updated Guidance for Sharing Cyber Threat Indicators and Defensive Measures

On June 15, in response to feedback from non-federal entities on guidance released in February, the Departments of Homeland Security (DHS) and Justice (DOJ) issued updated guidance for companies about sharing cyber threat...more

Mobile Advertising Company Settles FTC Charges It Tracked Consumers’ Locations Without Permission

InMobi, a Singapore-based mobile advertising company that allegedly tracked the locations of hundreds of millions of consumers – including children – without consent, will pay $950,000 in civil penalties and implement a...more

Going Geo-Loco: FTC Settles with Mobile Ad Network over Geolocation Collection

The FTC announced a settlement on Wednesday with mobile advertising company, InMobi Pte Ltd., concerning allegations that the company deceptively tracked the geolocation of hundreds of millions of unknowing consumers,...more

Six Key Consequences of the D.C. Circuit Upholding Net Neutrality

On its third try, the Federal Communications Commission finally got the sweeping net neutrality court victory it had been seeking for years. In US Telecom v. FCC, the U.S. Court of Appeals for the District of Columbia...more

Controversy looms over ECPA amendment in wake of Orlando terrorist attack

After the terrorist attack in Orlando, Florida, early this month, the Electronic Communications Privacy Act (ECPA) has been discussed quite a bit. The ECPA, a law which took effect in 1986, limits the government’s access to...more

Governor Signs Student Data Privacy Law

On June 9, 2016, Governor Malloy signed into law Public Act 16-189, “An Act Concerning Student Data Privacy” (the “Act”), which ushers in sweeping changes to the protection and use of student data. As schools increasingly...more

How to Comply with the Children’s Online Privacy Protection Act (COPPA)

There are relatively few restrictions on collecting information from children offline. Efforts to collect information from children over the internet, however, are regulated by the Children’s Online Privacy Protection Act...more

Rule Change Would Let Law Enforcement Access Computers Remotely Regardless of Location

The Supreme Court recently adopted a proposed change to Rule 41 of the Federal Rules of Criminal Procedure that would allow a federal judge to issue warrants authorizing government agents to access computers located in any...more

What does BREXIT mean for data protection?

On 23 June 2016, the UK is holding a referendum as to whether to stay in the European Union or leave it.  But what does a BREXIT (a British Exit from the EU) mean for data protection?  Most of the UK law on data protection...more

Privacy Tip #39 – Be Wary of IRS Phone Scams

Although the IRS has warned taxpayers on multiple occasions about IRS phone scams, consumers continue to be victims. A lucrative scam for years, which according to the IRS, has cost victims more than $26 million since 2013,...more

Trending in Social Media Law (Part 2): Snapping Away at Biometric Privacy

On May 23, 2016, plaintiffs and Illinois residents Jose Luis Martinez and Malcolm Neal filed a class action in California state court claiming that “Snapchat is actively collecting, storing, and using the biometrics of its...more

FTC Settles Case against Vulcun for Force-Installing Apps

On May 10, the Federal Trade Commission (FTC) announced it had approved an order with General Workings, Inc., d/b/a “Vulcun,” settling charges that the company violated the Federal Trade Commission Act (FTC Act) when it...more

How to Respond to a Cyber Extortion Demand

Cyber extortion refers to a situation in which a third party threatens that if an organization does not pay money, or take a certain action, the third party will take an adverse action against the organization. Among other...more

Trending in Social Media Law (Part 1): Biometric Privacy and Your Facebook Photos

On May 5, 2016, a federal judge denied Facebook’s attempt to dismiss a consolidated putative class action alleging that Facebook’s “Tag Suggestions” feature violates the Illinois Biometric Information Privacy Act (BIPA)....more

What to Consider When Drafting or Reviewing a Privacy Policy

Although financial institutions, health care providers, and websites directed to children are required to create consumer privacy policies under federal law, other types of websites are not. In 2003, California became the...more

Balancing Innovation With Privacy Concerns: The FTC Provides Comment on the Internet of Things

On June 3, 2016, the Federal Trade Commission (FTC) responded to a Request for Comments issued by the Department of Commerce, National Telecommunications and Information Administration (NTIA) regarding the Internet of Things...more

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