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On May 22, 2019, WSGR and the Future of Privacy Forum (FPF) co-hosted an event focusing on advertising technology and how to overcome the challenges of complying with evolving global privacy requirements.

Jules Polonetsky from FPF opened the program, focusing on the evolution of online advertising, from contextual to programmatic behavioral advertising. WSGR attorneys Lydia Parnes, Cédric Burton, Libby Weingarten, and Lore Leitner discussed the legal regime that applies to this technology: new legal requirements, recent case law, and data protection authorities’ decisions affecting the ad tech ecosystem, as well as the differences between EU and U.S. legislation applying to ad tech.Continue Reading WSGR Event Recap: Online Advertising and Privacy—An Overview of Global Legal Developments

On May 1, 2019, WSGR held an event in which regulators and experts discussed privacy developments in the U.S. and Europe. The first session featured a fireside chat with the Federal Trade Commission’s (FTC’s) Bureau of Consumer Protection Director, Andrew Smith, on “The State of Play at the FTC on Privacy.” In case you missed it, here are the key takeaways from the discussion:

  • More specificity in data security orders. Director Smith noted that we should expect to see more specificity in data security orders moving forward, particularly after the Eleventh Circuit’s decision in LabMD.1 He mentioned that the FTC’s approach to post-LabMD orders is still evolving, but the next data security order entered will likely reflect the FTC’s new approach.

Continue Reading WSGR Event Recap: The State of Play at the FTC on Privacy

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 nation. SB 327 requires manufacturers of internet-connected, or “smart” devices, to ensure the devices have “reasonable” security features by January 1, 2020.

The law applies to any “device, or other physical object that is capable of connecting to the Internet, directly or indirectly, and that is assigned an Internet Protocol address or Bluetooth address.” This definition is broad and includes not only smart TVs, smart speakers, and other smart home devices, but also computers (laptops and desktops), connected cars, smartphones, smartwatches, and many other modern electronics.

The law does not contemplate further rulemaking, and it is unclear whether revisions to the law will be sought.
Continue Reading Key Developments in Internet of Things Law

On April 30,2018, the Federal Trade Commission (FTC) announced a settlement with mobile phone manufacturer BLU Products and its owner over allegations that the company failed to implement appropriate procedures to oversee their service providers’ security practices, which allowed the service provider to install software containing commonly known security vulnerabilities on consumers’ mobile devices and to collect detailed personal information about consumers, such as text messages and location information, without consumers’ notice and consent.

According to the FTC’s complaint, BLU and its owner contracted with China-based ADUPS Technology to preinstall certain security software on BLU devices. The complaint alleged that, unbeknownst to consumers, the ADUPS software on BLU devices transmitted their personal information to ADUPS servers, including contents of text messages, real-time location data, call and text message logs, contact lists, and a list of applications installed on the device. The FTC did not allege that ADUPS used or disclosed consumers’ personal information.Continue Reading Feeling BLU: What You Need to Know About Overseeing Your Service Providers

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 …
Continue Reading Eleventh Circuit LabMD Decision Significantly Restrains FTC’s Remedial Powers in Data Security and Privacy Actions