News & Analysis as of

Data Security Federal Trade Commission

California Bill Mandates Privacy By Design For IoT Devices

Manufacturers of Internet-connected devices (better known as the Internet of Things) should be following a new California bill closely because it would create a mandate under California law that all IoT devices have built-in...more

FTC Privacy and Data Security Enforcement Activity Continues Unabated under the Trump Administration

by Ballard Spahr LLP on

Last week, the Federal Trade Commission (FTC) Bureau of Consumer Protection’s Acting Director, Thomas Pahl, posted on the FTC’s Business Blog about the FTC’s role as the federal agency with the “broadest jurisdiction” to...more

The FTC and LabMD’s Legal Battle Gets Personal: First Amendment Claims Against FTC Lawyers Survive

The Federal Trade Commission’s (FTC) sprawling and contentious legal battle with now-defunct medical testing company LabMD recently took an unusual turn when a federal court allowed LabMD (and its former CEO) to proceed with...more

FCC Broadband Privacy Rule Dead and Buried

by BakerHostetler on

The Federal Communications Commission (FCC) Privacy and Data Security Rule for broadband internet access service (BIAS) providers (the Privacy Rule) is dead. As we discussed, the new rule that was set to start phased...more

Congress Repeals FCC 2016 Privacy Order via Congressional Review Act

by Kelley Drye & Warren LLP on

On April 3, 2017, President Trump signed into law a Congressional joint resolution eliminating new broadband and voice privacy rules set forth in a November 2016 order (the 2016 Privacy Order) by the Federal Communications...more

Upromise Penalized for Violating FTC Privacy Order Over Rewards Program

by Reed Smith on

Upromise found itself in front of the Federal Trade Commission answering very tough questions earlier this month. The inquiry was related to a 2012 order requiring that Upromise include disclosures about data collection...more

Congress, FCC Weigh Measures to Repeal ISP Privacy Rules

Last October, the Federal Communications Commission (FCC) approved new privacy rules governing how Internet Service Providers (ISPs) are permitted to use and share its customers’ personal information. The rules have been...more

Financial Services Report - Spring 2017

by Morrison & Foerster LLP on

EDITOR’S NOTE - In like a lion, out like a lamb—it works for weather; does it work for new administrations? We’ll have to wait and see. We’ll have to wait and see about the length of CFPB Director Richard Cordray’s...more

Global Privacy & Cybersecurity Update Vol. 13

by Jones Day on

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

FCC Votes To Block Its Own Privacy Rule

by King & Spalding on

New Federal Communications Commission (“FCC”) Chairman Ajit Pai signaled last week that he is planning to take the first step to return authority over broadband providers’ privacy and data security practices to the Federal...more

Scratching the Surface: The FTC’s Phishing Tips for Victim Companies Are a Good First Step but Companies Should Not Stop There

by Carlton Fields on

In one type of phishing, fraudsters impersonate your business when contacting consumers. Phishing victims think they’re giving information to your company — by phone or Internet —but instead give personal or financial...more

FCC Stay of Broadband Privacy Rules Foreshadows Deregulatory Measures

by Perkins Coie on

As anticipated, the Republican members of the Federal Communications Commission are taking steps to pare down the 2016 Broadband Privacy Order now that they are in the majority. The FCC has released an order staying the data...more

Advertising Law - March 2017

FTC Fights Back in LabMD Suit - The Federal Trade Commission demonstrated its intention to fight for the power to regulate data security by filing a 111-page brief with the U.S. Court of Appeals for the Eleventh Circuit...more

New FCC Stays ISP Data Security Rules from Wheeler Era

On Wednesday, the Chairman Pai-led FCC adopted an Order granting a stay of the data security rules that were adopted as part of the Commission’s 2016 Privacy Order spearheaded by former FCC Chairman Wheeler. The stay will...more

FCC Broadband Privacy Rule On Hold, Likely Dead

by BakerHostetler on

The new Federal Communications Commission (FCC) Privacy and Data Security Rule for broadband internet access service (BIAS) providers (Privacy Rule) was set to start phased implementation on March 2, 2017. We have previously...more

New FCC Chairman Moves to Roll Back Privacy Rules for Internet Service Providers

by Davis Wright Tremaine LLP on

Ever since the presidential election and the replacement of former Obama administration FCC Chairman Tom Wheeler with former Republican commissioner and now Chairman Ajit Pai, communications industry and privacy policy...more

No Harm, But Foul? FTC Sues Internet of Things Maker D-Link for Security “Vulnerabilities” Despite No Allegations of Breach

by Orrick - Trust Anchor on

Shortly after the new year, the Federal Trade Commission filed suit in the Northern District of California against D-Link Corporation, a Taiwan-based maker of wireless routers, Internet Protocol (IP) cameras, and software...more

Strengthening international ties – Can support increased convergence of privacy regimes

by Hogan Lovells on

The internet has become today’s global trade route, and personal data is one of its major currencies. The growth in the digital economy is impressive. One study found that economic activity taking place over the internet is...more

Advertising Law - January 2017 #2

SPECIAL FOCUS: Ohlhausen Named Acting Chair of FTC - On January 24, 2017, President Donald Trump designated Maureen Ohlhausen as acting chairwoman of the Federal Trade Commission. Ohlhausen, a Republican, has been...more

Cross-Device Tracking: An FTC Staff Report

by Morgan Lewis on

On January 23, the Federal Trade Commission (FTC) released “Cross-Device Tracking: An FTC Staff Report,” which explains how cross-device tracking is used to track consumers across multiple devices, sets out the benefits and...more

Cause of Action Joins Defense of Electronics Maker in FTC Privacy Suit

by Reed Smith on

The advocacy group Cause of Action has stepped in to help defend electronics maker D-Link in a suit brought by the Federal Trade Commission over the company’s purportedly insufficient protection of customers’...more

IoT Vendors Beware: FTC’s Latest Enforcement Action Signals Further Scrutiny of the Industry

by Davis Wright Tremaine LLP on

The FTC’s first data security enforcement action in 2017 sends a clear signal to vendors serving the Internet of Things (“IoT”) marketplace: make sure your data security promises match your data security practices. IoT is in...more

Bullet Points on a Primer: The Quick Version of the Sedona Conference’s Data Privacy Primer

by Carlton Fields on

The Sedona Conference has just published the public comment version of its Data Privact Primer, a publication of its very active Working Group on Data Security and Privacy Libaility. The primer is excellent. ...more

FTC Charges Taipei Based D-Link for Inadequate Security of Computer Routers and Cameras

The Federal Trade Commission (FTC) has filed a complaint in Northern California against D-Link for putting thousands of consumers at risk over the past decade for failing to have adequate security practices in its routers and...more

FTC Files Lawsuit Against Taiwanese Manufacturer for Alleged Lax Security in Wireless Routers and Cameras and Related Marketing...

by Kelley Drye & Warren LLP on

The Federal Trade Commission has filed a lawsuit in federal court claiming that a networking equipment manufacturer engaged in unfair and deceptive acts, exposing thousands of consumers to the risk of cyberattack from...more

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Cybersecurity

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