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Privacy & Cybersecurity Update - April 2015

In This Issue: - DOJ Issues Cyber Preparation and Response Guidance - RadioShack’s Plan to Auction Customer Data Highlights Issues Over Treatment of Such Data as an Asset - Google v. Vidal-Hall and Others: The...more

The DMCA and fair use: Has anti-circumvention gone too far?

With the passage of the Digital Millennium Copyright Act (DMCA) in 1999, Congress expanded copyright law and the rights afforded owners of copyrighted works. At the time, copyright holders — worried that the increased access...more

Never Underestimate the Imagination of Technology Inventors

While I’ve never been afraid of technology (after all, I do work with lots of technology entrepreneurs), I’ve also never been someone who needs the latest gadget the moment it comes out. It may seem old fashioned, but I still...more

First Foreign Hacker Is Convicted In The United States Of Hacking Crimes Involving Theft Of Trade Secrets From American Companies

A 22-year-old Canadian hacker has been sentenced to federal prison by a Delaware court for engaging in a conspiracy to break into the computer networks of several large gaming companies, to steal trade secret and other...more

Is “i” Passé? What the Apple Watch is Telling Us About Technology Branding

Anyone who knows me at all knows that I suffer from a terrible affliction called “early adopter syndrome.” I had a cell phone when it really was more of a brick with a speaker and the first smartphone, I can tell you, was not...more

Tomorrow is Another One-A-Day: FDA Guidelines Preempt Vitamin Claims, but Consumer Class Still Has Opportunity to Supplement

Although consumer class actions in California are dime-a-dozen, a recent Northern District of California case involving One A Day vitamins stands out because it demonstrates how federal regulations can preempt certain state...more

FTC Takes Action Against Retail Tracking Start-Up Nomi Technologies

On Thursday, April 23, the FTC settled deception charges against start-up Nomi Technologies, Inc. related to Nomi’s in-store, sensor-based, tracking technology.1 This is the first FTC enforcement action against emerging...more

It's Time to Register .Bank Domains

Beginning in May, banks will be able to register domain names with ".bank" extensions, such as "xyzbank.bank." The “.bank” domains will have enhanced security requirements and may only be registered by verified members...more

"The FCC Acts (Again) on Net Neutrality, Awaits Court Challenges"

The Federal Communications Commission (FCC or Commission) recently issued its long-awaited network neutrality regulations, which if allowed to stand will have far-reaching implications for media, content, broadband and the...more

Europe’s Antitrust Investigation into Google Could Change the Cellphone Industry

In a long line of European regulators taking aggressive stances against American tech companies, Margrethe Vestager, the European Union’s (EU) antitrust chief, is determined to pursue antitrust claims against Google....more

Claim Term Relating To Cellular Transceivers Is Construed

The disputed technology relates to a cellular transceiver configured to communicate with a cellular wireless network. With trial scheduled to begin April 27, 2015, at the pre-trial conference the court invited the parties at...more

[Insert Your Trademark Here].sucks – Is Your Brand at Risk?

In recent years, the Internet Corporation for Assigned Names and Numbers (ICANN), the non-profit entity responsible for maintaining the Domain Name System of the Internet, has begun to introduce hundreds of new top-level...more

Internet of Things privacy consultation in Italy!

The Internet of Things (IoT) is becoming exponentially reviewed by regulators.  After the report from the Italian telecom regulator (AgCom), the Italian privacy authority just launched a consultation seeking inputs from the...more

FCC Stakes Out Privacy Territory in Broadband Privacy Workshop

If you thought all the action in privacy regulation centered around the Federal Trade Commission, the Federal Communications Commission would like you to think again. Yesterday, April 28, the FCC held a 3-plus hour workshop...more

Student Privacy In Online Educational Services

The commercial use of data mined by providers of online educational services, such as Internet homework portals, digital grade books for teachers, and student e-mail programs, continues to be a hot topic on numerous fronts. ...more

FTC Announces Settlement with Retail Tracking Company

The Federal Trade Commission recently announced a proposed settlement with a retail tracking company to resolve charges that the company’s privacy policy misled consumers about their ability to opt out of the company’s...more

Department of Labor Says "Transparent Government" Begins With...Transparent Data about Businesses?

We’ve reached almost the end of April, and the long delayed, new FLSA regulations are still percolating somewhere in deep inside the DOL. So what has the agency been up to instead? Last month, as part of the annual “Sunshine...more

Judge Essex Holds That Nokia’s Handsets Infringe Two Of Interdigital’s Patents

Yesterday, Administrative Law Judge Essex issued a one-page notice of initial determination holding that Nokia’s 3G mobile handsets infringe the asserted claims of InterDigital’s U.S. Patent Nos. 7,190,966 and 7,286,847 (“the...more

Recent Decisions Narrow Scope of Liability under Video Privacy Protection Act

Two significant decisions under the Video Privacy Protection Act (VPPA) in recent weeks have provided new defenses to companies alleged to have run afoul of the statute. Bringing the long-running litigation against Hulu to a...more

Patent and Copyright Protection for Software API

Recently the United States Court of Appeals for the Federal Circuit had a chance to weigh in on the IP protections afforded software. When deciding Oracle v. Google (Oracle America, Inc. v. Google Inc.), the Court concluded...more

Privacy Tuesday – April 2015 #3

Some privacy & security bits and bytes to start your week: FCC to Hold Public Workshop on Broadband Consumer Privacy Tomorrow - Over the last several months, the Federal Communications Commission has taken on a...more

How Much Would You Pay To Not Suck?

Trademark owners are in the midst of another ‘think’ about the best way to protect and preserve their reputations online. Specifically, beginning on March 30, 2015 the Sunrise Period opened for brand owners to fork over...more

Locke Lord QuickStudy: Medical Marijuana Apps – Illegal Communication Facilities or the Next Big Thing?

A number of recent news articles have discussed the increased activity in the area of technology companies that facilitate the delivery of medical marijuana to patients. For example, according to a recent Forbes Magazine...more

Aylus v. Apple: District Court Orders Production of Revenue Documents

Aylus Networks, Inc. ("Aylus") sought documents from Apple "relating to the revenue, costs and profits from (1) purchases or rentals of iTunes video content using the accused Apple TV and/or iOS products iPhone, iPad, and...more

Scope for damages for data protection violations in the UK widened by the Court of Appeal

The English Court of Appeal recently gave judgement in a case arising out of the tracking of Internet behaviour via a web browser. In Vidal-Hall v Google1, the Court of Appeal found that...more

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