Science, Computers & Technology Communications & Media Privacy

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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

Employee Error Accounts for Most Security Breaches

A recent study by a well-known information security company captures one of the most common information security fallacies: that information security is a technology problem. Most businesses view mitigating information...more

Cybersecurity News and Notes – June 2016

In Case You Missed It: US and EU officials signed on to the so-called “Privacy Umbrella” deal last week. The agreement is designed to protect the personal data of EU citizens when it is transferred to the US for law...more

The Case for E-Discovery Education in Law School

The lament that law schools do not adequately prepare new lawyers for the actual practice of law is not a new one. The refrain, however, seems more pronounced as the day-to-day practice of law becomes increasingly...more

What to Consider When Purchasing a Privacy Certification

Privacy certifications, or "trustbrands," are seals licensed by third parties for organizations to place on their homepage or within their privacy policy. The seals typically state, or imply, that the organization which has...more

Proposed amendment to Illinois biometrics privacy law introduced then stalled

On May 26, 2016, Illinois Senator Terry Link filed a proposed amendment to the Illinois Biometric Information Privacy Act that would presumably ease the rules relating to the collection and use of biometric data. What irked...more

Fourth Circuit Says Law Enforcement Doesn’t Need a Warrant to Figure out Where You Are

Like many people, Aaron Graham and Eric Jordan carried cell phones around in 2011. Unlike most people, Graham and Jordan were convicted of crimes arising from their participation in a series of armed robberies in that period,...more

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