News & Analysis as of

Native Advertisers Face Closer Scrutiny From Industry Self-Regulatory Bodies

With paywalls and premium subscriptions finding only modest success, paid advertisements remain the primary means of generating revenue from online content. Native advertising has emerged as a leader in the competition for ad...more

A Legal Guide to Privacy and Data Security

A Legal Guide to Privacy and Data Security, a new book offering guidance on a wide variety of privacy and data security laws and how those laws may impact your business, is now available from the Minnesota Department of...more

Socially Aware - Volume 5, Issue 4 - July 2014

In This Issue: - European Court of Justice Strengthens the Right to Be Forgotten - California AG Offers Best Practices for Do Not Track Disclosures; Crucial Compliance Questions Left Unanswered - Snap...more

California Attorney General Issues Privacy Policy Guide

On May 21, 2014, California's Attorney General Kamala D. Harris issued the "Making Your Privacy Practices Public" guide (the "Guide") to provide businesses with guidance on creating more transparent privacy policies that...more

California AG Provides Important Guidance on Do-Not-Track Legislation and Disclosures

On May 21, 2014, the California Attorney General, Kamala Harris, released guidelines entitled "Making Your Privacy Policy Public"[1] to help websites and mobile app operators comply with their obligations to disclose...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

Making Privacy Practices Public: the California Attorney General’s New Guidelines Keep the Focus on the Consumer’s Perspective and...

In 2013, the California Online Privacy Protection Act (CalOPPA) was amended to require web sites and other online services to make additional privacy policy disclosures related to online tracking transparency. Within the...more

CA AG Publishes Guide On Online Privacy Policies

On May 21, California AG Kamala D. Harris issued a guide providing recommendations to businesses affected by the 2013 amendments to the California Online Privacy Protection Act (CalOPPA)....more

California Attorney General Issues Recommendations for Privacy Policies and Do Not Track Disclosures

On May 21, 2014, the California Attorney General, Kamala D. Harris, issued her long-awaited guidance for complying with the California Online Privacy Protection Act (“CalOPPA”). “Making Your Privacy Practices Public,”...more

My company isn’t a search engine. Why should I care about Google Spain?

(LONDON) Google – along with the rest of us – is still considering the implications of the European Court of Justice’s May 13, 2014 decision that Google must remove links to a newspaper article containing properly published...more

Thinking Outside the HIPAA Box

On Wednesday, May 7, the Federal Trade Commission (FTC) held the third of its Spring Seminars on emerging consumer privacy issues. This session focused on consumer-generated health information (CHI). CHI is data generated...more

Workplace Privacy in the Digital Age

The blended use of technology for both professional and personal communication has had a significant impact on workplace privacy. Gone are the days when all an employer knew about an employee was what could be observed during...more

California “Do Not Track” Law Requires Consumer Companies to Re-Examine Website Practices and Privacy Policies

On January 1, 2014, California’s Online Privacy Protection Act was updated to include changes that will impact nearly every US business managing a commercial website that collects consumer personally identifiable...more

New Law Necessitates Online Privacy Audits and Updates - What You Need to Consider Now If You Have a Website, Online Service or...

As online businesses and technologies evolve, so do the laws affecting them. On January 1, 2014, a new law amending the California Online Privacy Protection Act ("CalOPPA") went into effect. See CAL. BUS. & PROF. CODE §§...more

Website Operators Await Final Guidance Regarding Compliance With California’s “Do-Not-Track” Disclosure Requirements

Even with the publication of draft “best practices” by the California Attorney General (AG), website operators remain uncertain as to their obligations under the new do-not-track disclosure requirements of the state’s Online...more

Amendments to CalOPPA Enter Into Force Imposing New Requirements for Online Privacy Policies

Recent amendments to California’s Online Privacy Protection Act may have implications for all commercial online operators given the geographically limitless scope of the Internet. The amendments, effective Jan. 1, 2014,...more

Depository Of International Online Privacy Resources

One of our more popular posts of the year was the recent Online Marketers’ Guide to Online Privacy. It focuses mostly on U.S. law with some mention of of the E.U. Safe Harbor issues....more

Privacy in social media – is it really an oxymoron?

Yes, privacy in social media is pretty close to an oxymoron. At least in U.S. privacy law, the key issue for determining whether one has a privacy right is whether there was a “reasonable expectation of privacy” in the...more

To Track or Not to Track

Digital advertising based on tracking users’ interests and related privacy concerns have been the subject of many recent news articles. What does this mean for businesses? Evolving industry practices and new legislation...more

Does California’s Amended Online Privacy Law Mean We All Have To Change Our Privacy Policies?

When it comes to privacy policies, I usually tell clients they need to comply with California law. Beginning January 1, 2014, California is adding a new wrinkle we all need to consider....more

FTC Takes First Enforcement Action on ‘Internet of Things’

A company that markets video cameras that are designed to allow consumers to monitor their homes remotely has agreed to settle charges with the FTC that it failed to properly protect consumers’ privacy. This marks the FTC’s...more

Has Katz Become Quaint? Use Of Big Data To Outflank The Fourth Amendment

Introduction - On December 14, 2010, a federal court, upon a government motion, entered an order pursuant to the Stored Communications Act (SCA) requiring Twitter to turn over to the government subscriber information...more

FTC Announces First Settlement Involving Privacy and the "Internet of Things"

In its latest data security case, the Federal Trade Commission (FTC) announced its first settlement of an action involving a household product with Internet connectivity. Consistent with its prior data security actions, the...more

Shoulder-Surfs Up

The “shoulder-surfer” is that insufferable snoop at Starbucks, at the airport, on the bus, or anywhere else who peers over your shoulder and observes your online moves. Exasperating as it may be to share your love of lolcats...more

Pirates, or Freedom Fighters on the Electronic Frontier, Copyright Changes for the Digital Age?

The U.S. Patent and Trademark Office (USPTO) announced this month that they will be engaging with stakeholders through public comments and roundtables to study a variety of policy issues highlighted in the Department of...more

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