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A Wake-Up Call for Data Privacy in the Telecom Sector

The FCC continues to take a more active role in privacy with its enforcement of the customer propriety network information (“CPNI”) regulations. Recently, the FCC released Forfeiture Orders against the three largest mobile...more

HIPAA Web Tracking Guidance Vacated

Last week, in a significant win for the American Hospital Association plaintiff, the U.S. District Court for the Northern District of Texas issued an opinion vacating the Department of Health and Human Services’ (“HHS”)...more

Dialing Up Accountability: FCC’s Warning Shot to Mobile Network Operators on CPNI

Key Takeaways: The Federal Communications Commission (“FCC”) sent a loud message to the telecommunications industry: the era of lax CPNI compliance is over. - Mobile network operators (MNOs), mobile virtual network...more

Eye on Privacy: 2023 Year in Review

ARTIFICIAL INTELLIGENCE - What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023 Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance...more

Shutting Down the Cell Phone Scammers: The FCC Adopts Rules to Crack Down on Fraudulent Practices against Wireless Phone Users

On November 16, 2023, the Federal Communications Commission (“FCC”) released a Report & Order (“Order”) and Further Notice of Proposed Rulemaking (“FNPRM”), adopting measures to address two techniques bad actors frequently...more

Caught in the Web: Hospital Associations Sue OCR on Third-Party Web Tracking Guidance

On November 2, 2023, the American Hospital Association and Texas Hospital Association, in conjunction with the Texas Health Resources and United Regional Health Care System, filed suit against the Secretary of the Department...more

ALERT: The FCC Fines Companies $20 Million for Failing to Safeguard Customer Proprietary Network Information

Recently, the FCC reminded telecom providers that the cost of failing to protect their customers’ privacy is steep. In a July 28, 2023 Notice of Apparent Liability for Forfeiture, the Federal Communications Commission fined Q...more

Don’t Forget Deception: FTC and Biometrics

With the ongoing BIPA litigation activity in Illinois surrounding collection of biometrics, it can be easy to forget that other issues might surround this practice. Last month the FTC reminded companies not to forget general...more

EyeMed Data Breach Multistate Settlement

EyeMed recently entered into a settlement with the Attorneys General of Oregon, New Jersey, Florida and Pennsylvania around a 2020 breach of an EyeMed email account that contained the data of more than 2 million individuals....more

White House Releases Guidance on AI

The White House recently released its Blueprint for an AI Bill of Rights in an effort to guide the discussion on the design, use and deployment of AI in systems that impact the American public. The Blueprint outlines the...more

NYDFS’s $4.5 Million EyeMed Cyber Settlement Reminder To Industry

In a recent settlement with the New York Department of Financial Services, EyeMed Vision Care LLC agreed to pay a $4.5 million penalty and undertake remedial measures to increase its cybersecurity. This includes undertaking...more

Implications of SEC’s Scrutiny of Data Use Representations

The SEC’s enforcement action with a leading seller of market data (App Annie Inc.) signals its concern with misleading data use representations. While the data at issue was not “personally identifiable” information, but...more

Connecticut Enacts New Cybersecurity Safe Harbor

Connecticut recently enacted cybersecurity legislation that provides a safe harbor for businesses that implement a written cybersecurity program. Under the legislation, set to go in effect on October 1, 2021, punitive damages...more

NYDFS Issues Supply Chain Management Guidance

The New York State Department of Financial Services recently issued recommendations to financial institutions in the aftermath of the SolarWinds cyberattack. In that attack, hackers inserted malware into SolarWinds software...more

What Does the Fifth Circuit’s Vacating of HHS HIPAA Fines Mean for Companies This Year?

Will HHS’ approach for imposing penalties in the aftermath of a data breach become a little clearer in 2021? This is a distinct possibility in the wake of a Fifth Circuit decision vacating penalties against MD Anderson Cancer...more

FTC Settles Over Alleged Failure to Manage Service Providers

The FTC recently settled with Ascension Data & Analytics for failure to oversee service providers. Ascension provides services to mortgage companies within its corporate family of entities. According to the complaint,...more

IoT Legislation Passes Congress

Legislation directing the National Institute of Standards and technology (“NIST”) to create standards and guidelines for securing Internet of Things (“IoT”) devices used by Federal agencies and their contractors recently...more

NIST Finalizes Guidance on Security and Privacy Control Baselines – SP 800-53B

NIST has now finalized its guidance providing important information on selecting both security and privacy control baselines for the Federal Government. The guidance is available here: Special Publication 800-53B, Control...more

Israel Follows Europe’s Lead on Privacy Shield

Israel’s Privacy Protection Authority recently announced that Privacy Shield can no longer be relied on for data transfers between Israel and the United States. Israel did not have a direct Privacy Shield arrangement with the...more

NIST Issues Long-Awaited Final Guidance on Security and Privacy Controls – SP 800-53

After many years of being in draft form, NIST recently released its final version of Revision 5 of Special Publication 800-53, Security and Privacy Controls for Information Systems and Organizations to address a need for a...more

IoT Legislation Advances in Congress

Congress recently advanced legislation that directs the National Institute of Standards and Technology (NIST) to create standards and guidelines for securing Internet of Things (“IoT”) devices used by Federal agencies and...more

Ninth Circuit Rejects Challenges to FCC’s One-Touch Make-Ready, Small Cell Deployment, and Local Moratoria Orders

On August 12, 2020, a Ninth Circuit panel affirmed three orders issued in 2018 by the Federal Communications Commission (FCC) to promote infrastructure investment and broadband deployment, including 5G small cell nodes. In...more

NIST Issues Draft Guidance on Security and Privacy Control Baselines – SP 800-53B

NIST’s news draft guidance, Special Publication 800-53B, Control Baselines for Information Systems and Organizations, provides important information on selecting both security and privacy control baselines for the Federal...more

NIST Proposes Draft Enhanced Security Requirements for Protecting CUI

NIST recently released the final public draft of SP 800-172, Enhanced Security Requirements for Protecting Controlled Unclassified Information: A Supplement to NIST Special Publication 800-171 (formerly Draft NIST SP...more

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