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Communications & Media Privacy

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

EU Member State Courts Rule Against Facebook’s WhatsApp in Decisions Providing Guidance on the Contours of Consent for Data...

by Ropes & Gray LLP on

WhatsApp has recently faced scrutiny by regulators about data processing consents it purported to obtain from users. Most recently, on March 15, the Spanish data protection authority (“AEDP”) released a decision imposing the...more

D.C. Circuit TCPA decision gives industry partial victory, but no certainty

by Ballard Spahr LLP on

The decision last week by the U.S. Court of Appeals for the D.C. Circuit on petitions seeking review of the Federal Communications Commission’s 2015 Declaratory Ruling and Order implementing the Telephone Consumer Protection...more

Facebook-Cambridge Analytica – Brave New World for Privacy and Data Misuse

by Holland & Hart LLP on

The dramatic revelations that Facebook users’ personal data was potentially misused by political advertising firm, Cambridge Analytica, has troubling implications for consumer privacy that will become ever-more complicated...more

US Companies Doing Business in the EU or Impacting EU Individuals Must Comply with the EU GDPR by May 25, 2018

by FordHarrison on

Companies with people in the EU or doing business in the EU need to be thinking about the EU’s General Data Protection Regulations (GDPR) and whether the regulations apply to them. In approximately two months, the EU’s GDPR...more

If You Don’t Need It, Don’t Pack It: Border Searches of Mobile Devices

by Dickinson Wright on

Currently there are a number of pending cases concerning the issue of whether Border searches can include a search of someone’s cellphone. On March 15, 2018, a divided 11th Circuit Court, upheld the conviction of a Florida...more

D.C. Circuit TCPA Decision Gives Industry Partial Victory But No Certainty

by Ballard Spahr LLP on

The decision last week of the U.S. Court of Appeals for the D.C. Circuit ruling on petitions seeking review of the Federal Communications Commission’s (the “FCC”) 2015 Declaratory Ruling and Order (the “2015 Ruling”)...more

Facebook And The FTC: A Wake-Up Call For Companies Collecting Personal Data

by Ifrah PLLC on

The FTC is reported to be joining state and international regulators in examining Cambridge Analytica’s actions with data accessed from Facebook, including how the data analytics company obtained the information, what it did...more

DC Circuit Overturns FCC's Expansion of Robocall Prohbitions

by Stinson Leonard Street on

On Friday, March 16, 2018, the DC Circuit issued its long-awaited opinion in ACA International v. FCC, No. 15-2011, a case challenging the Federal Communications Commission's interpretation of the robocalling provisions of...more

Recent Supreme Judicial Court Decisions Highlight How Courts Must Embrace Technological Change

Courts are often faced with the dilemma of applying centuries, or even decades, old law to constantly evolving technological advancements. See, e.g., Transcript of Oral Argument, United States v. Microsoft, No. 17-2 (U.S....more

That’s No Autodialer: D.C. Circuit Unwinds 2015 FCC TCPA Ruling

by Balch & Bingham LLP on

This article addresses the Court’s reversal of over a decade of confusion regarding autodialers. The TCPA defines an autodialer (automatic telephone dialing system, or ATDS) as “equipment which has the capacity (a) to store...more

Revoking Contractual Consent is Different: D.C. Circuit Unwinds 2015 FCC TCPA Ruling

by Balch & Bingham LLP on

Here, we address one significant component of the decision: the D.C. Circuit’s confirmation that consumers may revoke consent to call by any reasonable means but with the qualification that parties may be able to contract...more

The D.C. Circuit Issues a Split Ruling on the FCC’s 2015 Omnibus TCPA Order

The long-awaited ruling by the United States Court of Appeals for the District of Columbia on the Federal Communications Commission’s (“FCC”) 2015 Omnibus Telephone Consumer Protection Act (TCPA) order was finally released on...more

Careful What You Wish For – Additional Discovery Requested By TCPA Class Plaintiff Leads To Decertification Order In Northern...

by Carlton Fields on

Federal courts have a continuing obligation to ensure that class action certification remains appropriate throughout the duration of a case. Accordingly, it is well established that if class certification is later deemed...more

No Safe Harbor for Reassigned Numbers: D.C. Circuit Unwinds 2015 FCC TCPA Ruling

by Balch & Bingham LLP on

Here, we examine the D.C. Circuit’s reversal of not simply the one-call safe harbor for reassigned numbers imposed by the FCC’s 2015 TCPA ruling but also the Commission’s treatment of reassigned numbers as a whole. ...more

Why Your Small U.S. Business Should Care About GDPR

by Barley Snyder on

You’re not alone if your small business hasn’t been paying close attention to the fact that the General Data Protection Regulation (GDPR) goes live May 25. ...more

Facebook Can’t Shake Illinois Biometric Proposed Class Action Case

We have previously reported on Facebook’s fight against a proposed class action case alleging violation of the Illinois Biometric Information Privacy Act (BIPA)....more

Flying with Your Data – ACLU sues the TSA Over Domestic Electronic Device Searches

If you’ve flown domestically in the last year, you know the drill. Take off your jacket, belt, and shoes and place them in a bin. Remove your quart-sized bag of 3.4 oz liquids and place them on top. Pull out your laptop,...more

D.C. Circuit Unwinds 2015 FCC TCPA Ruling: An Overview

by Balch & Bingham LLP on

In a watershed case, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) unwound key components of the controversial 2015 ruling by the Federal Communications Commission (FCC or Commission)...more

The Technology, Media & Telecommunications Review, Eighth Edition - Japan

by Latham & Watkins LLP on

This fully updated eighth edition of The Technology, Media and Telecommunications Review provides an overview of evolving legal constructs in 26 jurisdictions around the world. It is intended as a business-focused framework...more

Data Privacy + Cybersecurity Insider - March 2018 #3

by Robinson & Cole LLP on

Verizon's Protected Health Information Data Breach Report Concludes that Insiders Are Greatest Threat to Health Care Entities - Verizon recently issued its Protected Health Information Data Breach Report, which is always...more

FTC Issues Proposed Consent Order to Online Payment Processing Company Over Allegations of Privacy and Security Violations

by Weiner Brodsky Kider PC on

The FTC recently reached a settlement with a worldwide online payment processing company regarding the actions of its subsidiary, a peer-to-peer payment and social networking application and website, over alleged violations...more

ABA Clarifies Lawyers' Confidentiality Obligations Regarding Online Public Commentary

by Holland & Knight LLP on

• The American Bar Association (ABA), on March 6, 2018, issued Formal Opinion 480, which specifically examines confidentiality obligations for lawyer blogging and other public commentary. • Notably, the opinion recites the...more

Privacy Tip #130 – Smartphones Targeted by Dark Caracal Attack

There is a global malware campaign that is targeting mobile devices across the world. It is called Dark Caracal, which is believed to be sourced in Beirut by the Lebanese General Security Directorate. ...more

FTC Explains Evolution of COPPA in Live Twitter Chat

by Ballard Spahr LLP on

On March 6, 2018, the FTC hosted a live Twitter chat to mark the twentieth anniversary of the Children’s Online Privacy Protection Act (COPPA)....more

Out Of Proportion: Court Denies Discovery Requests In Putative TCPA Class Action Due Burden On Defendant

by Carlton Fields on

This putative Telephone Consumer Protection Act (TCPA) class action arose from alleged marketing calls by Quicken Loans (Quicken) to potential mortgage customers. After the magistrate judge granted the plaintiff’s motion to...more

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