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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

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

Proposed Amendment to Illinois Law Would Have Changed Shape of Biometric Privacy Litigation

Late last week, the Illinois state senate considered an amendment tacked onto to an unrelated bill that would have revised the Illinois’ Biometric Information Privacy Act, a law that has been the subject of much debate and...more

The FCC’s Broadband Privacy Proposal – Hit from All Sides

Initial Comments are due on May 27, 2016 regarding the Notice of Proposed Rulemaking (NPRM) released last month by the FCC in its broadband privacy proceeding. The rules proposed in the NPRM have already been the subject of...more

National Telecommunications & Information Administration Issues “Voluntary Best Practices” For Commercial And Private Use Of...

On May 19, 2016, the National Telecommunications & Information Administration (“NTIA”) issued a document outlining voluntary best practices for the non-commercial and commercial use of unmanned aircraft systems (“UAS”), or...more

Stick a Fork in It – FDA Anti-Generic Drug Preemption Proposal Postponed Until After the Presidential Election

On May 18, the FDA extended the comment period for its proposed generic drug labeling rule until April 2017 – that is, until after the next presidential election. We believe that, for all practical purposes, this means that...more

The Network and Information Security Directive: Serious Cyber Attacks Will Require Notification

The Council of the European Union adopted the EU Network and Information Security (NIS) Directive (the ‘Directive’) 17 May, ready for final adoption by the European Parliament. The Directive, initially proposed in 2013, has...more

Vermont Act 120 and Beyond: Genetically Engineered Foods, Where Are We Now?

On July 1, 2016, Vermont’s genetically engineered food labeling law is set to become effective. Act 120 and its implementing rule (Vermont Consumer Protection Rule 121) require food manufacturers to label food products that...more

First Circuit and FTC Address Definitions of “PII,” While Michigan Amends Privacy Law to Remove Statutory Damages

On April 29, 2016, the U.S. Court of Appeals for the First Circuit handed down its widely anticipated opinion in Yershov v. Gannett Satellite Information Network, Inc., in which it expanded the reach of the Video Privacy...more

Digital assets…Coming soon to a state near you!

In the hours leading up to the legislature’s constitutional adjournment deadline of midnight on May 4, the Connecticut State Senate passed House Bill 5606, the “Connecticut Revised Uniform Fiduciary Access to Digital Assets...more

Telemedicine nursing licensure compact legislation enacted in 6 states and 7 more right behind

In another case of technology out pacing the law, telemedicine has continued to push the limits of state medical professional licensure laws. Generally, physicians and nurses must be licensed in the state in which they...more

Recent Amendments to the Russian Personal Data Protection Legislation: The Right to be Forgotten

On July 13, 2015, the Russian President signed Federal Law No. 264-FZ (the Law), which introduced a range of amendments into Russian legislation (the Amendments). In particular, the principle of the “right to be forgotten”, a...more

Partisan Gridlock on Open Internet Rules Likely to Continue Until Court Ruling

Uncertainty over whether the U.S. Court of Appeals for the District of Columbia Circuit will overturn the FCC’s Open Internet rules appears to be a major roadblock to any bipartisan resolution of the issue in Congress. James...more

The Top Three Privacy Takeaways of the New Delaware Online Privacy and Protection Act

Delaware’s New Privacy Policy Requirements - Effective January 1, 2016, Delaware became the second state in the U.S., joining California, to require operators of commercial websites that collect personally...more

Andrew Lipman on Tracking Net Neutrality  [Video]

Andrew Lipman, head of the telecommunications, media and technology group at Morgan Lewis, talks about the group's role in the regulatory and legal processes shaping the debate surrounding net neutrality....more

Senate Agriculture Committee to Review GMO Labeling Bill

The Senate Agriculture Committee is in the process of moving forward with a GMO Labeling Bill. Committee Chairman Pat Roberts, R-Kansas, released a discussion draft of the bill in February, and has the support of the American...more

Revised Uniform Fiduciary Access to Digital Accounts Act Adopted by Four States

With the shift from traditional hard copy paper documents towards electronic records stored Cloud Computing-based software and services (e.g., iCloud, Dropbox, Google Drive, etc.), access to and use of digital assets by...more

Andrew Lipman on Navigating the FCC [Video]

Andrew Lipman, head of the media, telecommunications, media & technology group at Morgan Lewis, talks about some hot button issues clients need to be aware of when dealing with the Federal Communications Commission such as...more

NTIA’s BroadbandUSA Announces a Community Connectivity Initiative Workshop, one of the Recommendations from the Broadband...

This month marks the one year anniversary of the Presidential Memorandum that created the Broadband Opportunity Council (Council), a federal inter-agency council, tasked with using all available and appropriate authorities to...more

Internet of Things Bill Introduced

Recognizing the growing number of connected and interconnected devices, a bipartisan group of Senators recently introduced a bill which would convene a working group of Federal stakeholders to provide recommendations to...more

Fiduciary Access to Digital Assets and Accounts: Revised Model Statute Adopted in Oregon

Oregon became the first state to adopt the Revised Uniform Fiduciary Access to Digital Assets Act (“Revised UFADAA”) when Governor Kate Brown signed Oregon Senate Bill 1554 into law on March 3, 2016.  The law will become...more

The new Polish Surveillance Act – back door for law enforcement

While US mass surveillance is heavily debated across Europe, the new Polish government swiftly moved to adopt a new set of laws which allow Polish law enforcement authorities extensive access to electronic communications. The...more

Privacy + Estate Planning = Handling Your Digital Assets After You Die

The recently-proposed Revised Uniform Fiduciary Access to Digital Assets Act (“Revised UFADAA”) is a potential solution to a problem that most of us eventually will face: how will our digital assets be accessed and used (or...more

Lawmakers Echo FCC Chairman’s Call for Lifeline to Support Broadband

Members of Congress are asking FCC Chairman Tom Wheeler to further modernize the Lifeline program to include broadband Internet services. Rep. Mark Takano (D-Calif.) and 85 other members of the House sent a letter to Chairman...more

Health Care Update - February 2016

Are Lawmakers and Stakeholders Ready for the Silver Tsunami? - Last week, the Congressional Budget Office (CBO) released a projection that shows Medicare enrollment will grow by more than 30 percent in the next decade...more

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