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Net Neutrality: Fatal Regulation or Neutral Impact?

On February 26, 2015, the Federal Communications Commission (FCC) voted to adopt its Open Internet Order (Order). The Order reclassifies both wired and mobile “broadband Internet access service” as a “telecommunications...more

Consumer Privacy Bill of Rights Act - A Mixed Bag

Late last week, President Obama released a “discussion draft” of the Administration’s long awaited Consumer Privacy Bill of Rights Act. At first blush, the results are a mixed bag: some good, some not so good, much work...more

President Obama’s Proposed Privacy Bill of Rights - Part 2: Notice, Consumer Control, and Context

Part 2: Notice, Consumer Control, and Context - Yesterday we brought you the first part in DWT’s series analyzing the Obama Administration’s proposed Consumer Privacy Bill of Rights, which would require greater...more

The Consumer Privacy Bill of Rights Redux

On February 27, 2015, the Obama White House released an “Administration Discussion Draft” of its Consumer Privacy Bill of Rights Act of 2015 (Proposed Consumer Privacy Act). ...more

FTC Merger Review Likely to Incorporate Analysis of Privacy Issues

The Federal Trade Commission (FTC or the Commission), along with the U.S. Department of Justice, can challenge mergers it believes will result in a substantial lessening of competition – for example through higher prices,...more

What Your TV Wouldn’t Tell You and Your Fridge Didn’t Know: FTC Best Practices for Consumer-Facing IoT Devices

On January 27, the Federal Trade Commission (FTC) issued an FTC staff report titled “Internet of Things: Privacy & Security in a Connected World” (Report). The Report summarizes the FTC’s November 2013 workshop on the privacy...more

President Obama’s Proposed Privacy Bill of Rights, Part 1: Personal Data, De-Identification, and Retention Requirements

On Friday, Feb. 27, the Obama administration unveiled a proposed Consumer Privacy Bill of Rights that would require businesses to be more transparent in privacy practices, and provide individuals certain rights aimed at...more

White House Releases Revised Consumer Privacy Bill of Rights

On Friday, February 27, 2015, the White House released a revised version of its 2012 proposal for a consumer privacy bill of rights. The revised legislative proposal largely tracks with the 2012 proposal in that it focuses on...more

White House Releases Draft Consumer Privacy Bill of Rights

Friday, the Obama Administration released a draft Consumer Privacy Bill of Rights Act, aimed at establishing baseline protections for individual privacy in the commercial world. If enacted, the bill would preempt state law...more

FTC Director Jessica Rich Discusses Privacy and Data Security at BakerHostetler Symposium

On February 26, 2015, Jessica L. Rich, Director of the Bureau of Consumer Protection at the Federal Trade Commission, spoke at the BakerHostetler Symposium on Section 5 of the FTC Act on how the FTC approaches privacy and...more

FTC Issues New Guidance for Mobile App Developers that Collect Location Data

A mobile app that collects users’ location data while the mobile app is not in use should clearly disclose such practices and provide users with choices. Failure to do so could give rise to an FTC claim of deceptive...more

IoT – It’s All About the Data, Right?

A few weeks ago, the FTC released a report on the Internet of Things (IoT). IoT refers to “things” such as devices or sensors – other than computers, smartphones, or tablets – that connect, communicate or transmit information...more

Generic Drug Price Hike Investigations Target Lannett

Since we last reported on state and federal investigations into recent generic drug price increases, the investigations have moved forward against Philadelphia-based Lannett Co. On November 20, a Senate healthcare...more

Competition & Regulatory Update: Multiple Competition Mix

The Australian government released a package of telecommunications amendments that apparently embrace competition at a number of levels. In the short term, they allow competition between infrastructure providers and...more

FTC Issues Report and Privacy Best Practices for the Internet of Things

On January 27, 2015 the Federal Trade Commission (the “FTC”) issued a report detailing best practices and recommendations that businesses engaged in the Internet of Things (“IoT”) can follow to protect consumer privacy and...more

FTC Provides Pointers On Advertising Compliance Related To Online Tracking Technologies

On January 21, Federal Trade Commission (“FTC”) Bureau of Consumer Protection Director Jessica Rich outlined in a speech before advertising industry professionals how businesses using targeted advertising may avoid legal...more

Internet of Things – When your yogurt pots start talking to you. Towards an EU Approach?

“When your yogurt pots start talking to you“. Do you remember? This was the start of a call for action from the European Commission on Internet of Things back in 2009....more

The Obama Administration’s Personal Data Notification & Protection Act: An Analysis

On January 12, 2015, President Obama proposed the Personal Data Notification & Protection Act, which would create a federal standard for data breach notification. The proposed bill is part of a more wide-ranging effort by the...more

DOJ Releases Electrifying New Guidance on Standard-Essential Patent Policy

The Department of Justice (the “Department” or “DOJ”) continued its multi-pronged defense of standards-setting organizations (SSOs) who adopt patent policies to prevent hold-up during licensing negotiations. Last week’s...more

Citizen Petitions Aimed at Delaying Generic Competition Remain a Concern

Despite Congress enacting legislation in 2007 to curb misuse, citizen petitions submitted by pharmaceutical companies to the Food and Drug Administration (FDA) may still provide a mechanism for competitors to delay the...more

Is 2015 the Year of Data Protection?

The growing frequency, impact and sophistication of cyberattacks in the U.S. and abroad have highlighted the need to address America's lack of a unified federal cybersecurity framework. No single congressional committee or...more

DOJ Provides New Guidance on Required Licensing of Essential Patents in Standard-Setting

DOJ recently concluded that a standard-setting organization's proposal to update its policy regarding patents underlying its standards was pro-competitive. DOJ's analysis of the association's process and legal structure...more

European Data Protection Supervisor equals data protection rules to competition rules.

Mr Giovanni Buttarelli, the newly appointed European Data Protection Supervisor (“EDPS”), spoke earlier this week at a seminar in Brussels on antitrust, privacy and big data. After having explored the conceptual...more

FTC Issues Report On The “Internet of Things”

The Federal Trade Commission (“FTC”) voted four to one to release a report on the Internet of Things (“IoT”), which refers to the ability of everyday objects to connect to the Internet and transmit data about a consumer. The...more

President Promotes Cybersecurity in State of the Union Address

Highlighting the importance of cybersecurity in a time of data breaches and cyber attacks that have compromised our national security, privacy, economy, and businesses, President Obama incorporated cybersecurity issues in his...more

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