News & Analysis as of

Privacy Antitrust & Trade Regulation

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

The EC New Alert Mechanism to Detect Cartels: A Teaser Before a European General Framework for Whistleblowing

Whistleblowing has been part of the U.S. legal tradition, if not since the resolution passed by the Continental Congress in 1778, at least since the adoption of the 1863 False Claims Act. With regard to the disclosure of...more

FTC Releases Cross-Device Tracking Guidance

by Locke Lord LLP on

In January, the Federal Trade Commission (FTC) released guidance that will be of interest to companies that utilize cross-device tracking. Cross-device tracking refers to a company’s ability to link a consumer’s behavior on a...more

Ultrasonic Cross-Device Tracking: A Consumer Management Tool with FTC Warnings

A consumer’s television or computer may be emitting silent signals that her smartphone can hear, recognize and answer back, but the consumer can’t sense them at all. These signals are telling retailers about their customer’s...more

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

[Webinar] Consumer protection enforcement is #trending: How to avoid FTC and state investigations, and what to do when you get the...

by Hogan Lovells on

Join us for a discussion of hot topics in Federal Trade Commission (FTC) and state consumer protection enforcement. Partners Bret Cohen, Meghan Rissmiller, and Steven Steinborn will cover recent developments and enforcement...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

Passing Data Between Retailers To Facilitate Transactions: A How-To Guide

by Bryan Cave on

Online retailers often learn information about a consumer that may be used by them to help identify other products, services, or companies that may be of interest to the consumer. For example, if a person purchases an...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

Federal court upholds FTC opinion applying TSR robocall consent requirement to calls made using soundboard technology

by Ballard Spahr LLP on

A D.C. federal district court has rejected a trade group’s attempt to invalidate a November 2016 FTC opinion in which the agency concluded that outbound telemarketing calls made using soundboard technology are subject to the...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

EU Retail News - April 2017

by Bryan Cave on

Considering a Retail Merger? The UK Competition and Markets Authority ("CMA") has published new commentary to inform companies on how it assess retail mergers. ...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

Reading the Tea Leaves: What Lies Ahead for Broadband Privacy Regulation?

On April 3, 2017, President Trump signed into law a rare Joint Resolution of Congress under the Congressional Review Act (“CRA”), which disapproved the Broadband Privacy Rules adopted late last year by then-Chairman Wheeler’s...more

European Commission Launches Competition Law Anonymous Whistleblower Tool

by Jones Day on

The European Commission has introduced a new tool to encourage individuals to disclose anticompetitive conduct on an anonymous basis. Individuals are invited to supply inside knowledge to help the Commission uncover cartels...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

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