The U.S. Court of Appeals for the Eleventh Circuit recently released its highly anticipated decision in the long-running case pitting the now-defunct medical laboratory LabMD against the Federal Trade Commission (FTC), vacating the FTC’s data security order. In reaching its conclusion, the court held that the order’s requirement that LabMD establish a comprehensive information security … Continue Reading
On April 12, 2018, the Federal Trade Commission (FTC) announced that it was withdrawing its proposed August 2017 privacy and data security settlement with Uber Technologies and issuing a new and expanded proposed settlement.1 According to the FTC, the reason for this extraordinary step was to address additional allegations of misconduct by the ride-sharing company … Continue Reading
In a novel interpretation of the Federal Trade Commission (FTC) Act, the U.S. District Court for the District of Delaware recently held in FTC v. Shire ViroPharma that the FTC had failed to plead the facts necessary to invoke its authority to sue for permanent injunction in federal court because it did not allege an … 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
In February 2018, the Federal Trade Commission (FTC) released a report that explores the complexities of the mobile ecosystem and makes recommendations for industry to improve the mobile security update process for consumers. The report is part of the FTC’s effort to address concerns that mobile devices are not receiving the operating system patches they … Continue Reading
The Federal Trade Commission (FTC) recently granted 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 scope of consumers’ personal information it collected via a downloadable software app. Sears’ 2009 Order On August 31, 2009, the FTC entered … 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 a new interview appearing in “Regulating Big Tech,” published by Goldman Sachs Global Macro Research, Dr. Christopher Kuner, Senior Privacy Counsel at Wilson Sonsini Goodrich & Rosati, discusses the European Union’s upcoming General Data Protection Regulation (GDPR), which goes into effect on May 25, 2018. In the article, Dr. Kuner explores the global implications … Continue Reading
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 panel’s decision that the exemption is status-based, which would have opened a large enforcement gap for telecommunications companies … Continue Reading
On February 27, 2018, the Federal Trade Commission (FTC) announced1 that it had reached an agreement with PayPal to settle allegations that its peer-to-peer payment service, Venmo, engaged in deceptive acts and practices and violated the Gramm-Leach-Bliley Act (GLBA)’s Safeguards Rule2 and Privacy Rule.3 Since 2011, Venmo has offered peer-to-peer payment services through an app … Continue Reading
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. Email takes too long. And younger generations don’t even use the actual phone part of … Continue Reading
On February 5, 2018, the Federal Trade Commission (FTC) announced its most recent Children’s Online Privacy Protection Act (COPPA) case against Explore Talent, an online talent agency marketed to aspiring actors and models.1 According to the FTC’s complaint, the company provided a free platform for users to find information about auditions, casting calls, and other … 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 February 21, 2018, the U.S. Securities and Exchange Commission (SEC) released its latest Interpretive Guidance on Public Company Cybersecurity Disclosures. Although cybersecurity has been a focus of the SEC for many years, the release is the first formal guidance issued by the agency. Previously, the SEC’s Division of Corporation Finance issued informal staff guidance … Continue Reading
2018 promises to be an interesting year in the world of privacy and cybersecurity. In this article, we highlight a few of the most notable developments we expect this year, including major developments in Europe, changes and pending cases at the Federal Trade Commission (FTC), notable U.S. Supreme Court cases scheduled to be decided this … Continue Reading
The Federal Trade Commission (FTC) has provided new guidance on how it will enforce the Children’s Online Privacy Protection Act (COPPA) against companies collecting voice recordings from children, loosening the rules on how companies can collect and use voice data. Under the guidance, online services covered by COPPA can now collect voice recordings from children … Continue Reading
On December 4, 2017, the Network Advertising Initiative (NAI), a self-regulatory body comprised of more than 100 digital advertising companies that collect and use consumer information for online behavioral advertising (OBA),1 issued an update to its Code of Conduct (the “Code”). The Code imposes notice, choice, accountability, data security, and use limitation requirements on NAI … 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
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 scope of consumers’ personal information it collected via a downloadable software app. For more information, click here to see our … Continue Reading
The expanding use of mobile technologies, cloud computing, and the Internet of Things has greatly increased the amount of available consumer data. The ability to efficiently process this information has the potential to provide countless consumer benefits. Nevertheless, companies must navigate an ever-expanding patchwork of domestic and foreign laws and uncertainty regarding the application of … Continue Reading
The Federal Trade Commission (FTC) has settled its first-ever complaint against social media influencers for deceptive endorsements.1 According to the FTC’s complaint, Trevor “TmarTn” Martin and Thomas “Syndicate” Cassell, two influencers who have wide followings in the online gaming community, promoted an online gambling service called CSGO Lotto on YouTube and Twitter without disclosing that … Continue Reading
On October 18, 2017, the European Commission (EU Commission) published its report on the first annual review of the EU-U.S. Privacy Shield Framework (Privacy Shield). The EU Commission confirms that the Privacy Shield ensures an adequate level of protection for EU personal data that is transferred to the U.S., but calls on the U.S. government … Continue Reading
On August 15, 2017, the Federal Trade Commission (FTC) announced that it had reached an agreement with Uber Technologies to settle allegations that the ride-sharing company had deceived consumers by failing to live up to its privacy and data security promises.1 Specifically, the FTC levied two deception counts against Uber: (1) that the company had … Continue Reading
On July 3, 2017, the Federal Trade Commission (FTC) announced that it had settled charges that defendants Blue Global, an operator of dozens of consumer loan lead generation websites, and its founder and CEO, Christopher Kay, violated the FTC Act. The FTC alleges that the defendants had, among other practices, misled consumers about Blue Global’s … Continue Reading
