On June 19, 2020, the Federal Trade Commission (FTC) submitted to Congress two reports that Congress requested in connection with the spending bill that funds the FTC. One of these reports (the “Resources Report”) describes the resources used and needed by the FTC to protect consumer privacy and security, and the second (the “Authorities Report”) describes … Continue Reading
California Signs the First IoT Security Bill into Law, and the FTC Submits Comments to the Consumer Product Safety Commission Regarding the IoT California’s New IoT Law On September 28, 2018, California Governor Jerry Brown signed into law a cybersecurity bill governing Internet of Things (IoT) devices, the first law of its kind in the … Continue Reading
The U.S. Supreme Court has handed down a major decision, Carpenter v. United States,1 concerning the Fourth Amendment’s application to the rapidly evolving technological landscape. The 5-4 decision dramatically alters the status quo concerning government requests for data about individuals that is collected and held by third parties. Under Carpenter, personal location information maintained by … Continue Reading
In a surprising twist, the California legislature rushed last week to pass one of the most comprehensive privacy laws in the country. The bill was introduced only a week prior, and within hours of passage, it was signed into law by Governor Jerry Brown. As strict as the act is, it was enacted to avoid … Continue Reading
On March 23, 2018, President Trump signed into law the Consolidated Appropriations Act, 2018, which contained a section entitled the Clarifying Lawful Overseas Use of Data (CLOUD) Act. The CLOUD Act significantly revises the rules underlying law enforcement requests for access to communications information stored abroad, and may have far-reaching implications for companies that collect, … Continue Reading
On June 1, 2018, the Alabama Data Breach Notification Act of 2018 will take effect. In addition to being the last state to enact a breach notification law, Alabama’s new law distinguishes itself in a variety of unique ways. Consistent with other state breach notification laws, the new law defines “sensitive personally identifying information” maintained … Continue Reading
In early January 2018, U.S. Customs and Border Protection (CBP) announced an updated policy for searching electronic devices at U.S. borders. The new directive supersedes a previous directive that was released in August 2009. Under the policy, CBP agents—with or without suspicion—may conduct a “basic search” of electronic devices encountered at the border, including smartphones … Continue Reading
On December 12, 2017, the Federal Trade Commission (FTC) held a workshop to examine consumer injury in the context of privacy and data security. The motivation for the workshop, according to Acting FTC Chairman Maureen Ohlhausen, was to help the FTC better understand consumer informational injury, weigh effectively the benefits of intervention against its inevitable … Continue Reading
