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Federal student privacy law in flux

In recent months, the White House and members of Congress have called for an overhaul of the forty-year old Family Educational Rights and Privacy Act (“FERPA”) ((20 U.S.C. § 1232g; 34 CFR Part 99), which safeguards the...more

Virginia Serious Game Institute Calls for Applications for Entrepreneurs in Simulation, Modeling and Serious Game Design

Each year, the Virginia Serious Game Institute invites applicants to reside in the business incubator located on the George Mason University - Prince William Campus in Prince William County, Virginia. Each application...more

Generic Top Level Domains Create New Opportunities and New Headaches for Colleges and Universities

For decades, the Internet was limited to a small number of top-level Internet domains, the most common being .com, .org, .net, .edu, and country-specific domains. However, in 2012 the Internet Corporation for Assigned Names...more

FCC Forbears “For Now” From Requiring Universal Service Contribution From Broadband Providers

Section 254(d) of the Act requires providers of “telecommunications services” to contribute to the federal Universal Service Fund (USF), which is used to subsidize telephone and broadband service in high-cost areas, 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

New California Privacy & Protection Act Proposes Standards for Personal Information Encryption, Bans Sales of Voice-Recording TVs,...

New legislation proposed in California includes a package of privacy-related bills referred to as the California Privacy & Protection Act. The bills proposed include...more

The FTC Did Some Kid-ding Around in 2014

2014 was a busy year for the Federal Trade Commission (FTC) with the Children’s Online Privacy Protection Act (COPPA). The FTC announced something new under COPPA nearly every month, including...more

White House Big Data Working Group Claims “Significant Progress” On Executive Branch Privacy Initiatives, But Blames Congress and...

On February 5 the White House big data and privacy working group released an “Interim Progress Report” (hereinafter “the Interim Report”) summarizing its “progress in furthering the majority of the recommendations made” in...more

California Strengthens Online Data Privacy And Security Laws

California has enacted three laws, two of which went into effect on January 1, 2015, designed to protect online data security and privacy for residents. The state has expanded its privacy and security laws by (i) requiring...more

California Privacy Law Update: What to Prepare for in 2015 and Beyond

California Governor Edmund G. Brown has been busy over the last year and a half, signing several bills into law that strengthen California’s privacy laws in various areas. The bills range in scope from invasion of privacy and...more

California Enacts New Data Privacy Legislation

California is once again initiating significant changes to protect informational privacy in the digital world. Governor Jerry Brown recently signed several pieces of legislation in an attempt to protect individuals against...more

California Passes Student Data Privacy Law

On September 29, 2014, California Governor Jerry Brown, signed a bill into law that mandates the protection of the personal data of school children that use online educational programs. The Student Online Personal Information...more

School Scams: FTC Cracks Down on Florida Online Diploma Mills

Online diploma mills, which require little or no coursework to complete a degree have recently garnered much attention within the online education realm. Websites which offer questionable diplomas for hundreds of dollars...more

California Continues to Regulate Privacy and Advertising to Minors in New Law Regulating School-related Online Services

On September 29, 2014, California Governor Jerry Brown signed SB 1177 into law, effective Jan 1, 2015. The new privacy and advertising regulation goes beyond FERPA, the federal student privacy law, and existing state student...more

California Sets the Curve with New Regulations on Collection and Use of Student Data

When one thinks of the use of technology in school, often the first image that comes to mind is of students sending ill-advised Snapchats and making in-app purchases that line the pockets of the Kardashian family, rather than...more

Capital Thinking: Technology and Communications

Legislative Activity - House Commerce SUBCommittees Will Hold Hearing ON 21st Century Technology for 21st Century Cures - The House Energy and Commerce Subcommittees on Communications and Technology and Health...more

China’s National Auditing Office Notes Compliance Concerns with Sponsorship of Academic Conferences in the Healthcare Sector

In China, it is common industry practice for pharmaceutical companies to sponsor academic conferences. As long as such events are aimed at enhancing the practice of medicine and patient welfare, the practice has been allowed....more

Chairman Wheeler Urges Prioritizing E-Rate Funding for Wi-Fi by Next Year

FCC Chairman Wheeler posted a blog entry today on the agency’s website emphasizing the need to change its E-rate rules before the next e-rate funding year in order to encourage the deployment of Wi-Fi to the nation’s schools...more

FCC Initiates Massive E-Rate Program Overhaul

On July 23, 2013, the Federal Communications Commission (FCC) released the 175-page text of a Notice of Proposed Rulemaking to transform the Schools and Libraries component of its Universal Service program—more commonly known...more

FCC Seeks Input to Improve E-Rate School & Library Technology Program - BB&K is Assembling a Coalition of Local Governments and...

The Federal Communications Commission, in a Notice of Proposed Rulemaking (NPRM) released yesterday, declared that connection to the Internet alone will no longer be the standard of success for the E-rate program. Speed and...more

Sixth Circuit Rules School’s Search Of Student Cellphone Violated Fourth Amendment

In a recent decision, the first federal appellate court to address the rights of school officials to search student cell phones held that a student’s violation of a school rule regarding technology did not justify a general...more

Time to Take Advantage of HIPAA Omnibus Rule's "Good News": Fundraising, Research, and Student Immunization Records

The Omnibus Rule went into effect on March 26, 2013. While covered entities and business associates have until Sept. 23, 2013, to comply with new restrictions and obligations, they can take advantage of the rule’s benefits...more

Harvard's Secret E-Mail Search: The Intersection of Internal Investigations and Digital Privacy

Earlier this week, Harvard University acknowledged the fact that, in the wake of last summer’s cheating scandal that rocked the campus, it had secretly searched the e-mail accounts of 16 Resident Deans. The e-mail search was...more

#Edchat Followup: Legal Issues For BYOD And 1:1 Programs In Schools

Each Tuesday the #Edchat hashtag brings together educators from across the globe to discuss education-related topics on Twitter. Last week one of the questions on #Edchat was “How do we train educators to teach in programs...more

FCC Overhauls Experimental Licensing Rules

The Federal Communications Commission (FCC) recently announced a significant overhaul of its experimental licensing rules designed to make it easier for higher education institutions, manufacturers and health care facilities...more

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