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FTC Creates New Office Focused on Privacy and Data Security

Earlier this week the Federal Trade Commission (“FTC”) announced the formation of the Office of Technology Research and Investigation within its Bureau of Consumer Protection. The office will succeed the Mobile Technology...more

The FCC and the Uncertain Future of Privacy Oversight for Internet Service Providers

The Federal Communications Commission’s (“FCC”) net neutrality proceeding culminated this month with the release of an Order reclassifying broadband Internet access service as a common carrier Telecommunications Service...more

Your Mom and the Courts Agree: Naked Online Pix are Not OK

Since the 1990s and the rise of the Internet and social media, each one of us has become increasingly aware of the risks and dangers of unwanted posts and how fast a “discreet” image can go viral....more

The New Frontier in Interest Based Advertising: FTC Shifts Focus to Cross-Device Tracking

As consumers increasingly connect to the Internet using multiple devices—such as mobile phones, tablets, computers, TVs and wearable devices—advertising technology companies have rapidly developed capabilities to reach the...more

Can the U.S. – EU Safe Harbor Weather the Storm?

On 24 March, the Court of Justice for the European Union (CJEU) heard argument on a case that could significantly impact, if not invalidate altogether, the Safe Harbor framework that facilitates the flow of personal data from...more

General Counsel, Is Your Website Vulnerable?

A report just released by security startup, Menlo Security, found that one-third of the top one million websites have already been compromised with malware or are running outdated or unpatched software that is vulnerable....more

Too Much Information – Eleventh Circuit’s Review of Ellis May Define “Personally Identifiable Information” for Cell Phone Users

On March 2, 2015, The Cartoon Network Inc. (“Cartoon Network”) filed its response brief in Mark Ellis v. Cartoon Network Inc., asking the Eleventh Circuit Court of Appeals to uphold the district court’s dismissal of the...more

EUROPE: EU-US data flows at risk? European Court of Justice today heard Facebook case.

Yesterday, the Schrems v. Irish Data Protection Commission case was brought before the Court of Justice of the European Union (‘CJEU’) for an oral hearing, following referral by the Irish High Court. While the final ruling by...more

Alert: Cybersecurity Risk Management for Communications Companies

An industry-led committee advising the Federal Communications Commission ("FCC") on cybersecurity released its final report on best risk management practices tailored to each of five main industry segments—broadcasting,...more

Cyberspy thriller with an unclear ending

It reads more like a spy thriller than a news story. Employees of the U.S. subsidiary of a global technology and media company log on to their computers one Monday morning and are greeted with the menacing figure of a neon...more

Alert: Website Terms and Conditions: A Call for Clarity

The UK House of Commons has highlighted the need for clarity of website terms and conditions in order to allow users to provide their "informed consent" to the terms....more

FTC Focuses on Emerging Technologies Amid Congressional Efforts to Expand Data Security Enforcement

Monday the Federal Trade Commission’s (FTC) Bureau of Consumer Protection (BCP) announced the creation of the Office of Technology Research and Investigation (OTRI), a new initiative focused on consumer protection in emerging...more

Advertising Law - March 2015 #3

Response To FCC’s New Net Neutrality Regs Anything But Neutral - In a split vote, the Federal Communications Commission approved a new net neutrality measure that would ban fast lanes and re-label broadband as a...more

FCC Communications Security, Reliability, and Interoperability Council Working Group Issues Final Report on Cybersecurity Best...

A Federal Communications Commission (FCC) working group, Cybersecurity Risk Management and Best Practices Working Group 4 (WG4), of the Communications, Security, Reliability, and Interoperability Council (CSRIC) advisory...more

California Eyes Groundbreaking Privacy and Cybersecurity Legislation

In California, home to Silicon Valley, Biotech Beach, drones and some of the nation’s strongest laws protecting personal and consumer privacy, legislators are grappling with how to balance popular innovations in technology...more

Website Terms of Use. You Need Them. Here's Why...

Terms of Use (TOU) are, in effect, a contract between the users and the provider of a website. In the “olden” days (like 1992!), when websites were static and information was simply transmitted from the provider to the user,...more

US giants in trouble with new EU privacy rules

The European Council approved the “one-stop-shop” privacy rule which might cause relevant issues to companies operating in different EU countries, including large American Internet and technology companies, where separate...more

European Hearing on the Future of Safe Harbor

Back on February 12th 2015, Max Schrems, the Austrian law student who began Europe v. Facebook, posted a tweet suggesting that the Court of Justice of the European Union (CJEU) may hear his case as soon as this month. Since...more

Communications Industry Advisory Committee to FCC Issues Major Cybersecurity Report

Wednesday the advisory committee charged by the Federal Communications Commission (FCC) with providing critical assistance to the communications industry with a sector-specific implementation of cybersecurity risk management...more

FCC Applies Section 222 to BIAS Providers, but Delays Specialized Rules

The Order does not forbear from applying Section 222 of the Act to broadband Internet access service (BIAS) providers. It did, however, forbear from applying its existing rules implementing Section 222, in recognition that...more

What Recent Case Law Can Teach About BYOD Workplaces

Bring Your Own Device (“BYOD”) is a movement that is changing the IT landscape of workplaces. In a BYOD workplace, employees use their own mobile device—smartphones, tablets, laptops, etc.—for both work and personal use. ...more

[Event] March Madness: Cyber Liability & Mitigating Risk - Mar. 19, San Diego, CA

The stakes are getting higher regarding cybersecurity. However, there are several steps organizations can take to protect against cybersecurity data breaches. Further, taking these steps can protect companies in the context...more

THE NETHERLANDS: New Cookie Legislation Entered Into Effect

Yesterday, the amendments to the current Dutch cookies regulation in Article 11.7a Telecommunications Act (TA) entered into force. In short, amendments provide for...more

12 Legal Mistakes to Avoid in Terms of Service for Online Educational Services and Apps

A classroom teacher comes across a promising online educational service or application that she wants to use with her students and comes to you to make sure it’s legally appropriate. The service or app would collect and use...more

FCC Releases Open Internet Order

On March 12, 2015, the Federal Communications Commission (FCC or “Commission”) released the full text of its Open Internet Order (“Order”). The rules adopted in the Order will become effective 60 days after publication in the...more

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