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Communications & Media Privacy

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

EU-U.S. Privacy Shield – What’s Its Future?

by Pierce Atwood LLP on

It’s been almost one year since the EU-U.S. Privacy Shield (Privacy Shield) came into existence. Its upcoming annual review in September by the European Commission (Commission) and the U.S. Department of Commerce (DOC) – its...more

Protecting Data: Vendors May Be Your Weakest Link

by Murtha Cullina on

A Verizon Communications vendor misconfigured a cloud server that caused the information of 6 million Verizon customers to be exposed on-line. When a cyber incident or data breach occurs on your vendor’s watch, regardless of...more

Cyber Threats Equal Serious Threats

by Burr & Forman on

Every where you look these days, there seems to be another report of a cyber attack--attacks which do not discriminate based on industry type, size of business, or impact. In other words, everyone is vulnerable. In fact, the...more

The Third Circuit Holds That A TCPA Violation Alone Is Sufficient To Establish Standing

by Fenwick & West LLP on

The U.S. Court of Appeals for the Third Circuit has held that allegations that a customer received a single, unauthorized prerecorded sales voice mail on her cell phone in violation of the Telephone Consumer Protection Act...more

VTech Escapes Class Action Case Over Breach of 11 Million Toy Users’ Information

In November 2015, VTech Electonics North America LLC (VTech) announced that an unauthorized party infiltrated its network and gained access to the personal information of 5 million adults and 6.5 million children through its...more

Twilio Narrowly Avoids TCPA Lawsuit Liability

by Klein Moynihan Turco LLP on

On July 12, 2017, the United States District Court for the Western District of Washington dismissed a putative class action complaint filed against Twilio, Inc. (“Twilio”), alleging that the platform had violated the...more

Hacker Steals Millions from Virtual Currency Exchange Bithumb

A cyber-attack against–Bithumb–one of South Korea’s largest cryptocurrency exchanges and one of the five largest in the world—has reaped access to the data of 30,000 users and drained their accounts in the process. Bithumb is...more

Sixth Circuit Blocks 'Junk Fax' Class Action Under Telephone Consumer Protection Act

by Pepper Hamilton LLP on

A recent decision by the U.S. Court of Appeals for the Sixth Circuit calls into question the viability of “junk fax” class actions brought under the Telephone Consumer Protection Act (TCPA) when the defendant company does not...more

Ransomware is taking the world by storm; does insurance respond?

On June 27, 2017, the world had its second major ransomware attack in two months, and experts are predicting more to come. The first, named WannaCry, began May 12, and quickly spread to over 400,000 machines, the vast...more

Privacy Tip #96 – Consider “Who Has Your Back” as Your Next Summer Read

As you head to the beach or hammock for a bit of R+R this summer, here is one that you might want on the reading list. The Electronic Frontier Foundation (EFF) has been publishing a report entitled “Who Has Your Back”...more

Solicitor General Urges Supreme Court Review of Second Circuit Microsoft Decision

On June 23, 2017, the Office of the Solicitor General (OSG) filed a petition for a writ of certiorari with the United States Supreme Court requesting reversal of a 2016 decision in which the U.S. Court of Appeals for the...more

AGs Weave Themselves Into Patchwork of Digital-Health Regs

by Pepper Hamilton LLP on

There are more than 165,000 mobile health applications available for download in Apple’s App Store or Google Play. This number will likely keep rising, and a body of federal and state regulators, including state attorneys...more

(Connected) Toy Story: The FTC Updates the COPPA Compliance Plan

by Davis Wright Tremaine LLP on

The Federal Trade Commission (“FTC”) recently issued an updated “Six-Step Compliance Plan for Businesses” (“Compliance Plan”) for entities subject to the Federal Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C....more

Your Apps May Be Selling You Out

by Carlton Fields on

While most people are vaguely aware, even if they are in denial, that their browsers give advertisers access to their search histories, they are probably unaware that information is being sold or given to third parties via...more

How Connected Cars and Autonomous Vehicles Will Change and Shape the Future of How We Move

by Hogan Lovells on

In this hoganlovells.com interview, Hogan Lovells partner Lance Bultena talks about the impact connected cars and autonomous vehicles (AVs) will have on America’s infrastructure and environment; the services associated with...more

You Can’t Always Get What You Want—Second Circuit Affirms Parties Can Bargain Away TCPA Right To Revoke Consent To Automated Calls

As the Rolling Stones famously sing, “You can’t always get what you want.” And in the ever treacherous world of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, et seq., the Second Circuit has ruled that means...more

The Remedy for the New Cyber Threat Posing Major Coverage Problems: “Fake President” E-mails

by Nossaman LLP on

In the last few weeks, we have seen yet another widespread ransomware attack that hit nearly one hundred companies around the world. It reminded me of a recent request from a client, made just after news broke of the...more

A TCPA Violation Confers Standing Under Spokeo in the 3rd Circuit

The United States Court of Appeals for the Third Circuit has concluded that an alleged violation of the Telephone Consumer Protection Act creates a sufficiently concrete injury to give a plaintiff standing to sue under...more

An In-Depth Examination of China’s New Cybersecurity Law

by Ropes & Gray LLP on

On June 1, 2017, China’s new cybersecurity law, the Network Security Law of the Peoples Republic China (“Cybersecurity Law”) went into effect. The Cybersecurity Law contains an overarching framework regulating network...more

Office of the National Coordinator Issues Guidance After NotPetya Attack

Following the most recent ransomware attack, known as NotPetya, (among other nicknames), many health care entities were victims of the ransomware, which prompted the Office of the National Coordinator (ONC) to issue guidance...more

Changing Cybersecurity Threats in the Context of the Internet of Things: Don’t Blink or You’ll Miss It

by Hogan Lovells on

In this hoganlovells.com interview, Washington, D.C.-based Hogan Lovells senior associate Paul Otto talks about security issues created by the exponential growth of the Internet of Things (IoT). ...more

FCC Proposes Historic $120 Million Fine for Illegally "Spoofed" Robocalls

by Hogan Lovells on

The Federal Communications Commission has proposed a historic $120 million fine against an individual, Mr. Adrian Abramovich, who reportedly made more than 100 million unlawful “spoofed” robocalls in violation of the Truth in...more

Seventh Circuit Rejects Latest Attempt To Pick Off TCPA Plaintiffs

by Foley & Lardner LLP on

Defense counsel facing potential multimillion-dollar judgments from the threat of class action proceedings—particularly class actions brought under statutes providing for treble damages and attorney’s fees, such as the...more

Key Takeaways from Oklahoma’s New Telemedicine Law

by Foley & Lardner LLP on

Oklahoma Governor Mary Fallin recently signed into law SB 726, establishing new telemedicine practice standards, including explicitly allowing doctors to create valid physician-patient relationships via telemedicine without...more

Privacy Tip #95 – Echo Show Drop In Feature

I don’t own an Echo, and Alexa is not listening to all of the conversations in my home. If that were the case, I would have no credibility in writing weekly Privacy Tips....more

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