News & Analysis as of

Web Tracking

Pentagon Web Monitoring Data Exposed

Security researcher Chris Vickery has confirmed that web-monitoring data from the Department of Defense (DOD) was exposed through Amazon Web Services by the way the DOD configured access by authorized users. According to...more

Sears Petitions FTC to Reopen and Modify 2009 Order Concerning Online Browsing Tracking

The Federal Trade Commission (FTC) is seeking public comment on a petition by Sears Holding Management requesting that the FTC reopen and modify a 2009 FTC order settling charges that Sears failed to disclose adequately the...more

We Want Privacy by Default in E-commerce, Says the European Parliament

by K&L Gates LLP on

On 10 January 2017, the European Commission (‘Commission’) presented a proposal for a Regulation on Privacy and Electronic Communication (‘ePrivacy Proposal’). The main objective behind the proposed act is to align the...more

Behavioral Advertising Company That Dropped “Zombie” Cookies Can’t Use Verizon’s Arbitration Clause To Avoid Class Action Lawsuit

The 9th Circuit Court of Appeals ruled that a non-party online behavioral advertising firm could not benefit from the arbitration clause in the agreement between Verizon and its customers because it was not a party to that...more

Privacy & Cybersecurity Update - June 2017

In this month's edition of our Privacy & Cybersecurity Update, we examine a new Chinese cybersecurity law that went into effect despite international concern for how it will be implemented; Colorado's adoption of new...more

New EU e-Privacy Regulation: European Parliament Committee Publishes Draft Report

The EU Parliament Committee in charge of reviewing the EU Commission's Proposal for an e-Privacy Regulation (Proposal) released a Draft Report proposing amendments this week....more

Privacy Tip #93 – Electronic Frontier Foundation Privacy Badger

I am from Wisconsin, so I am a Badger fan. Actually a double Badger fan, as I am a big fan of the Electronic Frontier Foundation’s (EFF) Privacy Badger. According to the EFF’s website, Privacy Badger “is a browser...more

Article 29 Working Party has “grave concerns” about the proposed e-Privacy Regulation

by Ropes & Gray LLP on

The Article 29 Data Protection Working Party has adopted Opinion 01/2017 on the Proposed Regulation on Privacy and Electronic Communications. The draft Regulation was proposed by the European Commission in January 2017. In...more

FTC Releases Cross-Device Tracking Guidance

by Locke Lord LLP on

In January, the Federal Trade Commission (FTC) released guidance that will be of interest to companies that utilize cross-device tracking. Cross-device tracking refers to a company’s ability to link a consumer’s behavior on a...more

Ultrasonic Cross-Device Tracking: A Consumer Management Tool with FTC Warnings

by Womble Bond Dickinson on

A consumer’s television or computer may be emitting silent signals that her smartphone can hear, recognize and answer back, but the consumer can’t sense them at all. These signals are telling retailers about their customer’s...more

EU regulators welcome stricter rules on cookies and direct marketing

by White & Case LLP on

The European Commission has published a draft Regulation regarding cookies and electronic direct marketing. EU regulators have publicly welcomed the proposal, which has potentially significant consequences for all businesses...more

Advertising Law - May 2017

Trust for TRUSTe’s COPPA Changes? FTC Seeks Comment - Changes may be coming to TRUSTe’s safe harbor program under the Children’s Online Privacy Protection (COPPA) Rule, and the Federal Trade Commission is seeking public...more

Litigation Alert: Eleventh Circuit Expands Standing to Bring Video Privacy Protection Act Actions But Also Limits Their Scope

by Fenwick & West LLP on

Last week, the U.S. Court of Appeals for the Eleventh Circuit held that allegations that personally identifiable information was disclosed without consent in violation of the Video Privacy Protection Act were sufficient to...more

TrustE Pays $100,000 with NYS for Failing to Protect Children’s Websites

On April 6, 2017, New York Attorney General Eric Schneiderman (AG) announced that he has settled an investigation against TrustE for alleged violations of failing to adequately prevent illegal tracking technology on...more

On the Heels of Finding Unexpected Data Tracking Unfair and Deceptive, the FTC Issues Guidance on Cross-Device Tracking

by BakerHostetler on

We recently discussed the Federal Trade Commission’s (FTC’s or Commission’s) expanded application of its unfairness authority and exercise of its deception authority in bringing a complaint against a maker of smart TVs that...more

Global Privacy & Cybersecurity Update Vol. 13

by Jones Day on

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

The Real Takeaway from VIZIO’s Privacy FTC Settlement

by Davis Wright Tremaine LLP on

It has been widely reported that VIZIO, Inc., a large television manufacturer, settled a Complaint brought by the FTC and the Attorney General of New Jersey for $2.2 million for alleged unfair and deceptive acts and practices...more

FTC Report Reinforces the Rules for Cross-Device Tracking

Well over a year after holding a workshop addressing privacy issues associated with cross-device tracking, Federal Trade Commission (FTC) staff have issued a report. The report sets the stage by describing how cross-device...more

FTC / DAA Extend Data Privacy Focus to Cross-Device Tracking

Enforcement of the Digital Advertising Alliance “Application of the Principles of Transparency and Control to Data Used Across Devices” (DAA Cross-Device Principles) officially began on February 1, just a week after the FTC...more

Cross-Device Tracking and the Trouble with Talkative Tech

Did you know that your devices are following you and talking amongst themselves? Creepy, right? From ordering products from your smartphone that you added to your shopping cart on your laptop’s browser to streaming a movie...more

FTC Cautions Companies on Cross-Device Tracking Disclosures

by McGuireWoods LLP on

On January 23, 2017, the FTC released a new report outlining its recommendations for companies using cross-device tracking. The report focused on the FTC’s continued commitment to consumer choice, transparency, and...more

Time to Review Your Online Marketing Practices and Privacy Policies

by Baker Donelson on

Earlier this week, the Federal Trade Commission (FTC) released a staff report on cross-device tracking which is part of a larger series of efforts by the FTC to explore emerging issues in the ever-evolving area of online...more

FTC Staff Releases Report on Cross-Device Tracking

by Alston & Bird on

The Federal Trade Commission (FTC) recently released its staff report on Cross-Device Tracking. Cross-device tracking refers to the tracking of consumer activity across multiple devices such as smartphones, desktops,...more

Cross-Device Tracking: An FTC Staff Report

by Morgan Lewis on

On January 23, the Federal Trade Commission (FTC) released “Cross-Device Tracking: An FTC Staff Report,” which explains how cross-device tracking is used to track consumers across multiple devices, sets out the benefits and...more

Cross-Device Tracking: Time to Reevaluate Privacy Policies

by Womble Bond Dickinson on

U.S companies are expected to explain how consumers are being tracked across devices, so that the company knows a consumer accessing its website from smartphone, tablet, television, laptop or other devices. Until now, U.S....more

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