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Private Right of Action Under Canadian Anti-Spam Legislation Suspended Indefinitely

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On June 7, 2017, the Canadian government announced that it is suspending indefinitely the private right of action provided for by Canada’s Anti-Spam Legislation (“CASL”), which sets forth the country’s regime of disclosures, consent, and unsubscribe requirements for commercial electronic messages and installation of computer programs, w… Continue Reading

Comments Sought of FCC Privacy Regime

On Friday, the Federal Register published the FCC’s January 17th Public Notice of the fact that eleven Petitions for Reconsideration were filed in the Broadband Privacy proceeding (WC Docket No. 16-106).  The Petitions challenge various aspects of the FCC’s new ISP privacy regime, and were filed by ISP and cable trade groups as well as by advertiser… Continue Reading

Hotly Anticipated Broadband Privacy Order Released by FCC

On Nov. 2, 2016, the FCC released its long-awaited broadband privacy Order and rules by a 3-2 vote. The Order comes nearly 18 months after the Commission moved to reclassify broadband internet access service (“BIAS”) as a common carrier telecommunication service under Title II of the Communications Act, and over the strenuous dissent of both Republi… Continue Reading

FCC Releases Text of Broadband ISP Privacy Rules

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The Federal Communications Commission released the full text of its anticipated privacy rules for internet service providers (ISPs), telecommunications carriers, and interconnected VOIP providers.

Broadly speaking, these rules require covered providers to:

  1. notify customers of their uses of data;
  2. permit customers to opt-in to uses of sensitive da
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It’s Official: The FCC Has Adopted New Privacy and Security Rules for ISPs Following a 3-2 Vote Along Partisan Lines

DWT is committed to providing the latest updates on the FCC’s privacy rules. Please see our special blog post series on the FCC’s new privacy rules.

Today, the FCC formally adopted on a 3-2 party-line vote an order that enacts a new privacy and security regime for Internet service providers (ISPs).  While it may be several days before the official orde… Continue Reading

Fact-Checking the FCC’s Fact Sheet on Broadband Consumer Privacy

Last Thursday, the FCC released a Fact Sheet announcing Chairman Wheeler had circulated to his fellow Commissioners a proposed Order with new privacy rules for ISPs, along with some high-level details of his proposal.  At the same time, the Chairman posted a blog titled “Protecting the Privacy of Broadband Customers” – a title that implies there i… Continue Reading

Definition of “PII” Under VPPA Continues to Evolve with 3rd Circuit Ruling

On June 27, 2016, the U.S. Court of Appeals for the Third Circuit became the latest appellate court to weigh how the Video Privacy Protection Act (VPPA or “the Act”) – a 1988 statute meant to protect consumer privacy by prohibiting the disclosure of a consumer’s video rentals or purchases from the corner video store –in an online world.

Interpreti… Continue Reading

Advisory Alert: First Circuit and FTC Address Definitions of “PII,” While Michigan Amends Privacy Law to Remove Statutory Damages

On April 29, 2016, the U.S. Court of Appeals for the First Circuit handed down its widely anticipated opinion in Yershov v. Gannett Satellite Information Network, Inc., in which it expanded the reach of the Video Privacy Protection Act (“VPPA” or “Act”) in the digital media context. The court held that (1) “personally identifiable information… Continue Reading

Copyright Office Issues NOI Regarding DMCA, Seeks Comment on “Repeat Infringers”

On Dec. 31, 2015, the U.S. Copyright Office published a Notice of Inquiry seeking to “evaluate the impact and effectiveness of the DMCA safe harbor provisions” found at 17 U.S.C. § 512. Comments in response to the Notice of Inquiry are due March 21, 2016, and the Office indicated it will hold public meetings to discuss the issues raised after the comment… Continue Reading

What Does Campbell-Ewald Mean for Your Business?

A recent ruling by the United States Supreme Court held that a defendant cannot terminate a putative class action by offering the representative plaintiff complete relief, rejecting some courts’ dismissals of class action litigation where a plaintiff does not “accept” the defendants’ “offer” of judgment for the full amount of statutory d… Continue Reading

FCC to Initiate Privacy Rulemaking in “Autumn”

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 ISPs Subject to Enforcement of Morphing “Reasonable, Good Faith” Efforts in Interim

At a speech at the Brookings Institution on Friday, Chairman Wheeler stated that the Commission intends to issue a Notice of Proposed Rulemaking to begin the process of developing privacy rules applicable to broadband Internet providers.  As discussed in a prev… Continue Reading

Advisory Alert: The FCC Just Upped the Ante for Communications Providers and the FTC

The FCC has been warning communications companies for months that protecting consumer privacy and information security is a top priority, and the recent announcement of a $25 million settlement with AT&T over its alleged failures to adequately protect consumer information are a good indication of the agency’s intent to follow through on its thre… Continue Reading

FTC Continues to Update COPPA FAQs – This Time, Guidance for Schools

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Update: On March 20, 2015, the Federal Trade Commission quietly announced further slight modifications to “Part M” of its FAQs pertaining to COPPA guidance for schools.  First, the FTC deleted the FAQ M.6 hypothetical on whether educators may register students for online social networks because, the FTC said, it wanted to better streamline the FAQ… Continue Reading

FCC Announces Broadband Consumer Privacy Workshop – April 28

Commission makes good on Chairman Wheeler’s promise following adoption of new Net Neutrality rules

The Federal Communications Commission recently announced that will hold a public workshop on April 28, exploring the FCC’s role protecting consumer privacy in relation to broadband Internet services. The FCC stated that the event will give stakeho… Continue Reading

Chairman Wheeler Says the FCC Didn’t Just Fall Off the Turnip Truck – It Has Experience with Protecting Consumer Privacy, Too

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Last night the Center for Democracy & Technology held its annual dinner (a.k.a. the “Tech Prom”) in Washington, D.C., where  FCC Chairman Tom Wheeler was featured as the keynote speaker.  Wheeler’s remarks came on the heels of the Commission’s vote to adopt new open Internet rules, which are expected to provide the agency with broader aut… Continue Reading

State AGs Looking to Crack Down on Telemarketers Press FCC and FTC

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A majority of the nation’s state and territorial Attorneys General have collectively urged the Federal Communications Commission and Federal Trade Commission to revisit rules and policies in ways that would help law enforcement crack down on telemarketing practices.

Recently, the FCC issued a public notice seeking comment on a request by the Nation… Continue Reading

Is Your Website Ready for California’s “Minor Eraser” Law?

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Starting on Jan. 1, 2015, California’s new “Minor Eraser” law goes into effect and allows minors in California to remove content or information that they have posted as a registered user on a website, online service, online application or mobile application (collectively, an “online service”).

Does this new law apply to your website? 

This n… Continue Reading

Privacy Certification Body TRUSTe Settles FTC Charges

The Federal Trade Commission announced that it settled charges with privacy certification body True Ultimate Standards Everywhere, Inc., popularly known as TRUSTe, regarding allegations that the organization deceived consumers with false and misleading statements relating to the privacy assessment and certification services it provides online … Continue Reading

“Th-th-th-that’s All, Folks!” Federal Judge Dismisses Class Action against Cartoon Network, Finds Anonymous User IDs Don’t Qualify as Personal Information under VPPA

On October 8, Georgia Federal District Judge Thomas Thrash, Jr., dismissed a putative class action against The Cartoon Network, Inc., where the plaintiff alleged that the animation company violated the Video Privacy Protection Act (“VPPA”) by sharing its mobile app users’ data with third parties without consent. Specifically, the plaintiff in … Continue Reading

Google Street View Plaintiffs on the Hunt for “a Needle in a Haystack” to Demonstrate Standing, but District Court Grants Plaintiffs Greater Role in Examination of Google’s Data

Back in April, Google filed a Petition for Certiorari with the U.S. Supreme Court in the Street View case, seeking review of the Ninth Circuit’s decision holding that unencrypted Wi-Fi signals are protected from interception by the federal Wiretap Act. Over the summer, the U.S. Supreme Court denied Google’s petition, thus allowing the plaintiffs to … Continue Reading

Ninth Circuit Confirms Consultants and Other Middlemen May Be Vicariously Liable Under the TCPA

The U.S. Court of Appeals for the Ninth Circuit issued a decision in Gomez v. Campbell-Ewald Company holding that the defendant marketing consultant could be liable under the Telephone Consumer Protection Act (TCPA) for unsolicited text messages that it arranged for a separate third-party to send on behalf of a client, the U.S. Navy.  The court’s hold… Continue Reading

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