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Super Bowl Sunday: No drone zone

The Federal Aviation Administration (FAA) released a youtube video on Wednesday letting drone operators know that the air above Levi’s Stadium in San Francisco is off limits on Super Bowl Sunday. Labeled a “No Drone Zone,”...more

Is point-of-sale drone registration next? Retailers say no way

In the first 30-days of drone registration, nearly 300,000 owners have registered their drones. The Federal Aviation Administration’s (FAA) small drone user registration has sparked much debate, and now, the FAA is...more

FAA Releases Interim Rule for Drone Registration

Owners of many small unmanned aerial systems (“sUAS” or “drones”) and model airplanes will have to register them with the government. The Federal Aviation Administration announced the requirement in an interim final rule on...more

FDA Issues Draft Guidance on Postmarket Cybersecurity of Medical Devices

On January 15, 2016, the Food and Drug Administration (“FDA”) released a draft guidance entitled, “Postmarket Management of Cybersecurity in Medical Devices,” outlining recommendations that device manufacturers should...more

Reading the Section 5(a) Tea Leaves: What the end of 2015 may suggest about the FTC priorities in 2016

The end of 2015 represented a mixed bag for the Federal Trade Commission on privacy enforcement. In November, the FTC’s Chief Administrative Law Judge dismissed the FTC’s complaint against LabMD for a possible data breach of...more

Aerial trespass, privacy violations, and the drone slayer

John David Boggs’s drone was shot down out of the sky last summer when he flew it over another individual’s home. Bogg’s claims that he was flying his drone over Class G airspace –federal protected airspace. Bogg’s claims...more

Agency Deadlines Under Cybersecurity Information Sharing Act of 2015

On December 18, the House and Senate passed an ombinus appropriations package, which includes legislation that provides liability protection to companies that voluntarily engage in cybersecurity information sharing with one...more

No Harm, No Foul? Defining FTC’s Authority Over Data Security

Given the frequency of high-profile breaches, it’s reasonable for companies and consumers to be not only fearful but also realistic (or some would say fatalistic) about data security. It’s not a question of if a security...more

New Ruling Challenges FTC Authority to Regulate Cybersecurity Based on “Possible Consumer Harm”

A Nov. 13, 2015 ruling supports the argument that various companies and lawyers have been making for years: the Federal Trade Commission is exceeding its authority in prosecuting cybersecurity breaches under Section 5 of the...more

All You Need to Know About LabMD’s Big Win in/over the FTC

We have been meaning for a while to write about LabMD’s epic data privacy fight against the FTC. We’re sure you have read about the action, and particularly about the administrative order dismissing the government’s...more

Government Forces Awaken: The Rise of Cyber Regulators in 2016

As the sun sets on 2015, but before it rises again in the New Year, we predict that, in the realm of cyber and data security, 2016 will become known as the “Rise of the Regulators.” Regulators across numerous industries and...more

Fact sheet issued by FAA on state and local drone laws

Last week, the Federal Aviation Administration (FAA) issued a new fact sheet outlining state and local regulations related to the operation of unmanned aircraft systems (better known as drones). The FAA said in its fact...more

FTC Appeals ALJ Ruling Dismissing Its Claims Against LabMD

The legal wrangling between the Federal Trade Commission and LabMD, Inc. over data security continues. On December 22, 2015, the FTC filed its appeal brief challenging Chief Administrative Law Judge (“ALJ”) D. Michael...more

Georgia Secretary of State’s office exposed 6 million voters’ SSNs

It is frustrating for citizens to continue to watch state and federal governmental agencies announcing massive data breaches of citizens’ personal information. Here is another one. On Tuesday, December 15, 2015, the...more

U.S. Issues Unmanned Aircraft Fact Sheet for State, Local Regulators

While Unmanned Aircraft Systems (UAS), more commonly—if inaccurately—known as drones, continue to fly near the edges of federal preemption, the Federal Aviation Administration (FAA) continues to provide guidance for this...more

That Drone in Your Holiday Stocking Must Now Be Registered With the FAA

Fearing for public safety over the explosion of hobby-type drones taking to the air, on December 14, 2015, the Federal Aviation Administration (FAA) issued the first rule of its kind directed squarely to owners and operators...more

Drone registration—your present from the FAA

Yesterday, the FAA announced an "interim rule" for registering model aircraft and commercial UAS. While the new rule goes into effect on December 21, 2015, the FAA has also created a second "notice and comment" period, and...more

FDA Plans Workshop to Address Cybersecurity in Medical Devices

Two months after finalizing its first guidance on cybersecurity, the FDA has announced a public workshop entitled “Moving Forward: Collaborative Approaches to Medical Device Cybersecurity” to continue to address a growing...more

FAA announces streamlined drone registration process

On Monday, December 14, the Federal Aviation Administration (FAA) announced a “user-friendly” online aircraft registration system for owners of drones (or more officially called “small unmanned aircrafts”) that weigh more...more

FAA Small Drone Rule: Takeaways For Commercial Users

On Dec. 14, the Federal Aviation Administration released an interim final rule that outlines the registration and marking requirements for small unmanned aircrafts, or drones. The registration rule mainly applies to...more

Advertising Law - December 2015

New York AG Asks Court to Bench DFS - In the continuing drama surrounding Daily Fantasy Sports (DFS), New York's Attorney General Eric Schneiderman responded to lawsuits by DraftKings and FanDuel by seeking a preliminary...more

Company prevails in challenge to FTC data security complaint

As we have previously observed, banks and other companies subject to the CFPB’s jurisdiction face the possibility that the CFPB could begin using its authority under Sections 1031 and 1036 of the Dodd-Frank Act (which...more

LabMD Successfully Challenges FTC’s Cyber Authority

On November 13, 2015, the Federal Trade Commission’s Chief Administrative Law Judge, D. Michael Chappell, issued an Initial Decision dismissing the FTC’s cyber security lawsuit against LabMD, Inc. This is the first time that...more

Data Retention Questions Referred to the European Court for Clarification

Mass surveillance has been under scrutiny yet again since the UK Court of Appeal, on 20 November 2015, asked the Court of Justice of the European Union (CJEU) to clarify whether it intended to “lay down mandatory requirements...more

Company Prevails in Challenge to FTC Data Security Complaint

A recent decision by the Federal Trade Commission (FTC) Chief Administrative Law Judge (ALJ) dismissed the FTC’s complaint against LabMD, Inc. (LabMD) asserting the company’s alleged failure to protect consumer data in two...more

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