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Privacy Communications & Media

Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:

D.C. Circuit Rolls Back FCC’s 2015 TCPA Rules

by Seyfarth Shaw LLP on

On March 16, 2018, the D.C Circuit issued a decision invalidating portions of the FCC’s 2015 TCPA Omnibus Declaratory Ruling and Order....more

Pending Federal Cases Could Have Implications for Future Litigation under the Illinois Biometric Information Privacy Act

by Ropes & Gray LLP on

In two recent, related decisions, U.S. District Judge James Donato from the Northern District of California allowed plaintiffs to proceed on claims against Facebook under the Illinois Biometric Information Privacy Act...more

Facebook Data Scandal: A Breach Of Trust, If Not A Breach Of Law

by Husch Blackwell LLP on

Once again, we realize that we have little control over how information we share on social media is ultimately used. The recent revelation that a data analytic firm retained by Trump’s presidential campaign used the Facebook...more

U.S. Citizen Sues Cambridge Analytica in U.K. Courts for Violations Under U.K. Data Protection Act

On March 16, David Carroll, a New York based American professor sued Cambridge Analytica (CA) in the U.K. courts, after the data analytics firm allegedly failed to respond to his request made pursuant to the U.K. Data...more

Privacy Tip #131 – Bryant University Women’s Summit Follow-Up

I was so honored to be a presenter at the Bryant Women’s Summit last week. It is always an incredible event and I enjoy attending every year. ...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Facebook CEO Mark Zuckerberg finally issued a statement yesterday addressing the unauthorized data use scandal involving Cambridge Analytica that’s cost his company share price almost 10% since the story broke....more

Facebook In Hot Water With Latest Privacy Missteps

by Murtha Cullina on

Facebook is the subject of a recent media blitz due to the allegations that 50 million people had their information improperly disclosed to Cambridge Analytica, a data research firm that may have played a role in the 2016...more

FTC and FCC release tentative agenda for March 23 policy forum on robocalls

by Ballard Spahr LLP on

As we previously reported, on March 23, 2018 in Washington, D.C., the FTC and FCC will co-host a joint policy forum that will cover recent policy changes and enforcement actions as well as the agencies’ efforts to encourage...more

United Kingdom Establishes IoT Security Principles

by Morgan Lewis on

The UK government recently released a policy paper outlining proposed requirements for makers of Internet of Things (IoT) devices to take certain actions to better protect IoT devices from growing cybersecurity threats....more

Would You Like Malware with Your Grumpy Cat Meme?

Social media companies like Facebook and Twitter have written “white papers” and devoted considerable resources to projects intended to create services that encourage trust and a sense of familiarity on the part of users....more

Belgian Court Uses Novel Argument to Assume International Jurisdiction over Non-EU Facebook Entities

by Alston & Bird on

On February 16, 2018, the Brussels Court of First Instance rendered a judgment in proceedings brought by the Belgian Privacy Commission’s against Facebook. The case forms one part of two-tiered litigation brought by the...more

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

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