News & Analysis as of

Smart Car Legislation Suggests Different Approach To Internet Of Things Regulation

On February 11, Senators Ed Markey (D-Mass.) and Richard Blumenthal (D-Conn.) announced legislation aimed at establishing federal data security and privacy standards for Internet-connected automobiles (“smart cars”). This...more

Federal Trade Commission Guidance on the Internet of Things

On January 27, 2015, the FTC released its Staff Report on the so-called “Internet of Things” (IoT) – the ability of everyday objects (from refrigerators to wearable devices) to connect to the Internet and send and receive...more

FTC Commissioner Brill Comments on Potential Reforms in Data Privacy Enforcement

On February 18, 2015, Commissioner Julie Brill spoke to students at the Tuck School of Business at Dartmouth concerning the Federal Trade Commission’s (FTC’s) recent data privacy and security enforcement, as well as the FTC’s...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

How to Fail in the Internet of Things

Innovation is prized in the growing space of the Internet of Things (IoT). But an innovative product design is not enough, and potential pitfalls abound. As demonstrated in a report published by the Federal Trade Commission...more

Advertising Law - February 2015 #2

Podium P-O-V: Observations From Marc Roth on ERA’s Great Ideas Summit - I recently had the pleasure of participating on an “Advocacy Update” panel at the Electronic Retailing Association’s Great Ideas Summit in Miami...more

Navigating the Cyber Liability Storm Part I

Franchisors are facing a precarious three-way intersection of increased accountability and regulation over consumer privacy, the growing volume and sophistication of cyber-attacks on consumer data, and the expanding...more

On the Ninth Day of Privacy, my true love gave to me….

a tracking device in my car …. she is now my ex-true love…. A year ago, privacy and data security issues in the media were all about credit cards and identity theft. Concerns about privacy related to location data...more

Advertising Law - November 2014 #4

FTC Takes on a Patent Troll - Tackling the issue of patent trolls for the first time, the Federal Trade Commission charged MPHJ Technology Investments, LLC and its law firm Farney Daniels with making deceptive claims...more

Top 10 Technology Blunders for Employers

As one who presumably has no nude selfies, you may not be too concerned about a “hack” like the one that continues to afflict celebrities like Jennifer Lawrence and Kate Upton. But that doesn’t mean there aren’t still plenty...more

Caution: Your Mobile App May Unintentionally Violate COPPA

As online activity shifts to mobile devices, regulators are watching. Last week, Yelp agreed to settle a claim with the FTC for $450,000 for its alleged violations of the Children’s Online Privacy Protection Act (COPPA). As...more

Time to Step Up Your COPPA Compliance

The Federal Trade Commission (FTC) has made good on its promise to actively enforce the recently amended Children’s Online Privacy Protection Act (COPPA). Here is what you should know about the latest enforcement actions...more

Breaking News: The COPPA Enforcement Actions Are Here!

As we predicted in prior blog posts, the Federal Trade Commission has begun its vigorous enforcement of the Amended COPPA Rule. And one of the players is not a child-related site, so read on. The Commission just announced ...more

Consumer Protection Organization Petitions FTC To Enforce U.S.-EU Safe Harbor Framework

On August 14, the Center for Digital Democracy (CDD) announced that it filed a complaint with the FTC claiming that 30 U.S. companies are compiling, using, and sharing EU consumers’ personal information without their...more

Data Mining & Privacy: Who’s Watching Them Watch You?

Recently, the Federal Trade Commission issued a detailed report that summarized extensive data collection efforts that it uncovered in its study of the data brokerage industry. The FTC recommended that Congress require the...more

COPPA’s “Safe Harbor” Grows with FTC’s Approval of iKeepSafe’s Self-Regulating Framework

The Federal Trade Commission (FTC) has announced that it approved iKeepSafe’s Safe Harbor Program application, allowing the company’s self-regulating framework to serve as a safe harbor under the Children’s Online Privacy...more

FTC Data Broker Report Recommends New Consumer Protection Legislation

Report Outlines Best Practices for Data Broker Industry - The Federal Trade Commission (FTC) released its report, Data Brokers: A Call for Transparency and Accountability, based on an in-depth study of nine data...more

FTC’s Data Broker Report: Transparency And Consumer Control

Calling for greater transparency and an increase in consumer control, the Federal Trade Commission has released its report on the data broker industry....more

Developing a Meaningful Privacy Policy

In May 2014, California’s Attorney General Kamala Harris released recommendations for businesses addressing recent changes and best practices under California’s privacy laws. The guide is entitled “Making Your Privacy...more

Data Brokers: “Off the Radar” – FTC Calls for Greater Oversight

A report recently released by the Federal Trade Commission (FTC) concludes that data brokers currently operate so far below the radar screen that most consumers are unable to exercise any real control over the collection and...more

FTC Calls for Action on Big Data

Following an 18-month investigation into the practices and operations of data brokers, the Federal Trade Commission has issued a voluminous report calling for legislation to regulate the industry in the interests of consumer...more

Dealing with a Data Broker? Here's What you Need to Know

The FTC recently released its report, “Data Brokers: A Call for Transparency and Accountability.” The report is the result of a study of nine data brokers and provides legislative recommendations...more

FTC Releases Data Broker Report

Today, the Federal Trade Commission (FTC) released a long-awaited report on the data-broker industry. In the report, the FTC characterized data brokers as operating with a “fundamental lack of transparency.” The report, which...more

Snapchat Settles FTC Charges of Misrepresenting Privacy and Security Features

Snapchat, a mobile app that lets users send photos and videos that self-destruct within ten seconds, settled FTC charges relating to the app's ephemeral message feature and the app's data collection and security features....more

Eight Key Takeaways from FTC's Settlement with Snapchat

Yesterday, the Federal Trade Commission announced a settlement with Snapchat, the young mobile messaging company. The complaint alleges misrepresentations about functionality and related security as well as privacy...more

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