Internet Privacy

News & Analysis as of

Advertising Law - July 2015

Try, Try Again: Lawmakers Reintroduce Do Not Track Kids Act - A group of federal lawmakers reintroduced the Do Not Track Kids Act, a bill to amend the Children’s Online Privacy Protection Act (COPPA), with some changes...more

The Nuts and Bolts of Digital Advertising

“We have the best mobile app on the market!” “Subscribe now and win an Apple watch!” “Download our software and we guarantee an increase in your business within 30 days!” That all sounds quite wonderful, actually. Where do I...more

Oregon Amends Social Media Law

About two years ago, Oregon enacted a law restricting employers from accessing the personal social media accounts of their applicants and employees.  For more on the law, see our prior client alert. Last week, Oregon’s...more

New Connecticut Online Privacy Law Protects Prospective & Current Employees

Last week, Connecticut Governor Dannel P. Malloy signed a law to protect prospective and current employees from employer interference with their “personal online accounts.” The new law, which will take effect on October 1,...more

Is Creepy Compensable?

A watchful eye can be a good thing. We all want to keep an eye on what’s important. In an increasingly fast-paced world, however, it gets harder. The Internet and advances in mobile technology put so much information at our...more

Connecticut Restricts Employer Access to Employees' and Applicants' Social Media

Connecticut has joined a growing number of other states in seeking to protect personal social media accounts of employees and potential hires. In early May, the state's General Assembly passed Senate Bill No. 426 (2015)...more

Facebook Class Action Lawsuit in Austria

A class action against Facebook has been filed in Vienna by privacy campaigner and Austrian law graduate Max Schrems, along with 25,000 other users of the social network site. The lawsuit alleges breaches of EU privacy law...more

Virginia & Montana Pass Employee Social Media Privacy Acts

Employers in Virginia and Montana that want to connect with their employees online may now have to wait for their employees to “like” them first, thanks to a pair of bills recently enacted. On March 23, Virginia Governor...more

BREAKING: Legislature Passes Measure Limiting Employer Access to “Personal Online Accounts”

Well, no one who has been reading this blog should be surprised by the news tonight out of the General Assembly. Indeed, I’ve written about proposed bills that limit employer access to employee’s personal online...more

FCC Stakes Out Privacy Territory in Broadband Privacy Workshop

If you thought all the action in privacy regulation centered around the Federal Trade Commission, the Federal Communications Commission would like you to think again. Yesterday, April 28, the FCC held a 3-plus hour workshop...more

What FCC’s Transparency Rule Means For Internet Privacy

There has been extensive coverage of the Federal Communication Commission’s new Open Internet Order, including questions about its ultimate fate, given pending court challenges. One element of the order that has not gotten...more

Australia: Dallas Buyers Club LLC obtains customer identities from ISPs in landmark piracy ruling

On Tuesday 7 April 2015, a single Federal Court Judge ordered six internet service providers (ISPs) to hand over the names and identities corresponding to approximately 4,700 unique IP addresses, which have allegedly...more

THE NETHERLANDS: New Cookie Legislation Entered Into Effect

Yesterday, the amendments to the current Dutch cookies regulation in Article 11.7a Telecommunications Act (TA) entered into force. In short, amendments provide 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

Does the E.U. “Right to be Forgotten” Pose a Threat to Companies in U.S.?

Even observed from “across the pond,” the right of European Union (“E.U.”) consumers to compel an Internet search engine to de-link specific personal information of the consumer from certain search results – the “Right to be...more

Taming the “Wild West” in the Far East: China Extends Protections for Privacy and Reputation to the Internet, Heightens the Risk...

Although laws targeting Internet-based content have lagged behind in China, the Chinese government has made sweeping changes over the past two years—most recently last fall—that extend offline legal protections to the virtual...more

Legal Ethics and Social Media: What Pre-Litigation Advice May an Attorney Provide to His or Her Client?

When meeting with your client about a matter that will likely result in litigation, what advice can you give your client about privacy settings and removal of information from social media in the pre-litigation setting? The...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

Is Privacy Dead?

If the Internet and social media have not already killed privacy, Big Data and the Internet of Things (IoT) are likely to finish the job. As 91 percent of American consumers agreed in a recent Pew Research Center survey,...more

New FTC Report on IoT Maintains Need for Baseline Privacy Legislation and Begins to Recognize Limitations of FIPPS in a Connected...

The Federal Trade Commission released its long awaited staff report on privacy and security issues presented by the emerging market for connected devices, also known as, the Internet of Things (“IoT”) (the “Report”) this...more

FTC Issues Privacy and Security Recommendations for the Internet of Things

This morning, the Federal Trade Commission (FTC) released an 71-page report on the Internet of Things (IoT). The report comes on the heels of a white paper on wearable technology and the IoT and follows an FTC-hosted...more

Photographs Posted on Facebook are Discoverable

The Fourth District in Nucci v. Target Corp., --- So. 3d ----, 2015 WL 71726, 40 Fla. Law Weekly D166 (Fla. 4th DCA Jan. 7, 2015), recently held that photographs posted on a plaintiff’s social media sites are discoverable if...more

OECD Releases Guidance for Digital Consumer Products

The Organisation for Economic Cooperation and Development (OECD) released Consumer Policy Guidance on Intangible Digital Content Products (Guidance) for protecting online consumers of digital content....more

FTC Chairwoman Rings in the New Year with 'Internet of Things' Warning

While hundreds of tech companies are racing to develop the newest in Internet-connected “smart” devices, Federal Trade Commission (“FTC”) Chairwoman Edith Ramirez is sending a reminder to those companies of their...more

Privacy Policies for Mobile Apps: One Size Does Not Fit All

Online privacy is a growing concern for us all. As a mobile app owner or developer, you must include a privacy policy in your app that details the information you collect from users and the manner in which that information is...more

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