News & Analysis as of

Mobile Devices

Fourth Circuit Rules that Warrantless Cell Phone is Warranted: Data Privacy Trends

by CloudNine on

Don’t let my cute title confuse you. In this case, the Fourth Circuit issued an interesting decision regarding whether a warrant is required to search an individual’s cell phone....more

Georgia Bans Hand-Held Devices While Driving

by Jackson Lewis P.C. on

Georgia has become one of 16 states in the country that bans the use of hand-held devices while driving. Governor Nathan Deal signed “Hands-Free Georgia Act” (House Bill 673) into law on May 2, 2018. The new law takes effect...more

Mobile Phone Manufacturer Settles with FTC Over Privacy and Data Security Concerns

by Weiner Brodsky Kider PC on

The Federal Trade Commission (FTC) announced that it settled with a mobile phone manufacturer for alleged privacy and data security violations which occurred when the manufacturer allegedly allowed a foreign third-party...more

Why So BLU?: FTC Settles Privacy and Data Security Claims with Mobile Company; Fencing-In Relief Requires Consumer Opt-In to Data...

by Kelley Drye & Warren LLP on

Earlier this week, the FTC settled its case with BLU Products, Inc., a cell phone company the FTC claimed misled consumers about its privacy and data security practices. According to the agency, the company represented that...more

PSA: FCC Seeks Comment on Reassigned Number Databases and the Creation of a TCPA Safe Harbor

by Dorsey & Whitney LLP on

As we reported last month, on the heels of the D.C. Circuit’s ruling in ACA Int’l v. FCC, the D.C. Circuit has created a tabula rasa for the FCC’s treatment of reassigned numbers under the Telephone Consumer Protection Act...more

FTC Announces Campaign to Assist Small Businesses with Strengthening Their Cybersecurity

by Weiner Brodsky Kider PC on

The FTC has been ramping up its efforts to help small businesses understand cybersecurity and learn best practices for promoting cybersecurity in their organizations. According to the FTC, cyber-attacks on small businesses...more

Privacy Tip #135 – Cybersecurity Spring Cleaning Tips

Here’s a great idea offered by the National Cyber Security Alliance and the Better Business Bureau: while you are doing your spring cleaning, don’t forget to do a digital spring cleaning too—that is, your computer, cellphone...more

FTC’s Report On Mobile-Device-Security-Update Practices — Summary And Recommendations

by Orrick - Trust Anchor on

Noting the “astounding” statistics on the use of smartphones and other mobile devices to “shop, bank, play, read, post, watch, date, record, and go” across consumer populations, the FTC has recently re-focused its attention...more

CPSC Explores Safety Hazards in 'Internet of Things' Products

by Ballard Spahr LLP on

The U.S. Consumer Product Safety Commission (CPSC) recently announced that it will hold a hearing on May 16 to receive information on potential hazards concerning Internet of Things (IoT) products. The CPSC also is accepting...more

New FTC Report Makes Security Recommendations To The Mobile Device Industry

by Jackson Lewis P.C. on

Securing data held by mobile devices is largely reliant upon technology, and a recent report by the Federal Trade Commission (“FTC”) takes aim at how that technology can be both improved and better utilized. The report,...more

Time to Put Down that Smartphone? – Proposed Bill Would Give NYC Employees a Right to Disconnect from Work

Given the ever-increasing reliance on digital technology, employees are more and more tethered to their smartphones – checking email during their commute, at the dinner table, and even from their beds – essentially creating a...more

Ofcom continues to vigorously police UK mobile spectrum

Consumers using their phones likely have little idea of the fierce battles mobile companies undertake to provide their handsets with better reception than their competitors. Consumers would be further surprised to find out...more

Data Security Litigation: CPSC to Hold Hearing on The Internet of Things and Consumer Product Hazards

by Ballard Spahr LLP on

The U.S. Consumer Product Safety Commission (CPSC) recently announced that it will hold a hearing on May 16, 2018, to receive information on potential hazards with Internet of Things (IoT) products....more

New Guidance on Employee-Owned Device Discovery

by Polsinelli on

As technology continues to evolve, organizations are increasingly facing challenges concerning whether, and to what extent, they allow employees to utilize their own devices for work purposes. When employees use their own...more

D.C. Circuit Rejects FCC’s Interpretation of Automatic Telephone Dialing System Under TCPA

As retailers continue to be sued for alleged violation of the Telephone Consumer Protection Act (“TCPA”), a long-awaited ruling by the D.C. Circuit on the FCC’s 2015 Declaratory Ruling and Order (“2015 Order”) may provide...more

D.C. Circuit Rolls Back the FCC’s Expansive Order Targeting Telephone Marketing

by Ropes & Gray LLP on

On March 16, 2018, the D.C. Circuit handed down a unanimous decision rejecting two core components of a 2015 Declaratory Ruling and Order (the “FCC Order”) issued by the Federal Communications Commission (the “FCC”) that...more

U.S. Customs and Border Protection Updates Directive on Searches of Electronic Devices

by Benesch on

U.S. Customs and Border Protection (“CBP”) recently updated its 2009 directive pertaining to border searches of electronic devices. The Supreme Court of the United States has deemed warrantless searches by CBP legal and...more

Pulling the Plug: New York City Bill Would Give Workers the “Right to Disconnect”

It is now the norm to see passersby glued to their phones as they make their morning trek into work. And when those employees head home, they are often unable to “leave work at the office” as they continue to respond to...more

Immigration newsletter - Spring 2018

by Hogan Lovells on

Read our Spring 2018 issue of the Immigration newsletter to learn about the following topics: - Visa sanctions on Cambodia, Eritrea, Guinea, and Sierra Leone - CBP introduces policies and procedures for searching...more

Privacy & Cybersecurity Update - March 2018

In this month's edition of our Privacy & Cybersecurity Update, we discuss all 50 states now having data breach notification laws, state attorneys general and their opposition to a federal data breach notification law, the FBI...more

Walmart’s Patent for Drone Customer Service

Walmart recently filed a patent for drones to aid their shoppers inside their stores –that is, a shopper would use a mobile device, provided by the store, to request a drone, and then direct the drone to conduct a price...more

To Text or Not to Text? That Is the Question

Let’s face it: The residential phone line is on the verge of suffering the same fate as the 8-track tape. Anyone who doesn’t know what an 8-track tape is most assuredly uses a cell phone—and only a cell phone—to communicate....more

"Two Cops On the Beat Is Nothing Unusual": Ninth Circuit Reverses Panel Decision, Rules FTC Act's "Common Carrier" Exemption is...

On February 26, 2018, the U.S. Court of Appeals for the Ninth Circuit issued an en banc decision in FTC v. AT&T holding that the Federal Trade Commission (FTC) Act’s “common carrier” exemption is activity-based, reversing the...more

D.C. Circuit Shuts Down Rite Aid’s Challenge to Expand Healthcare Exemptions under the TCPA and HIPAA

by Dorsey & Whitney LLP on

On March 16, 2018, the U.S. Circuit Court of Appeals for the District of Columbia issued a groundbreaking decision in ACA Int’l v. FCC, No. 15-1211, 2018 U.S. App. LEXIS 6535 (D.C. Cir. Mar. 16, 2018) (“ACA Int’l“) that...more

Autodialer Junction, What’s Your Function? D.C. Circuit Reverses FCC’s Internally Inconsistent Interpretations of ATDS...

by Dorsey & Whitney LLP on

The D.C. Circuit’s reversal of the Federal Communications Commission’s (“FCC” or “Commission”) pronouncements as to “the precise functions that a device must have capacity to perform for it to be considered an ATDS,” will...more

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Cybersecurity

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