Privacy & Security Law Blog

Privacy & Security Law Blog

Legal Commentary and Resources for the Payment Industry

Insight & Commentary on Information Management and Protection

Category Archives: Global

Subscribe to Global RSS Feed

Has Your Website’s EU Safe Harbor Expired?

Posted in Global, Policy and Regulatory Positioning

FTC proposes twenty-year compliance program for two companies that have settled charges that they misrepresented that they are currently compliant with the US-EU Safe Harbor Framework.

Does your company rely on the US-EU Safe Harbor Framework in order to transfer personal consumer data about EU residents outside of Europe?  If so, you probably have a s… Continue Reading

Canada Issues First Penalties Under Anti-Spam Law

Posted in Global, Marketing and Consumer Privacy

CRTC imposes over US$900,000 in fines against two companies, reminding U.S.- and foreign-based businesses about possible liability under Canada’s Anti-Spam Law

This month marks the issuance of the first two enforcement actions under Canada’s Anti-Spam Law (CASL) since provisions governing commercial electronic messages (CEMs), software dow… Continue Reading

U.S. Steps Up Efforts to Make “Safe Harbor Safe Again” – FTC, Justice Department Work to Keep EU Happy and Avoid Pull Back from Safe Harbor

Posted in Data Protection, Global

Within the span of two days, both the Federal Trade Commission (FTC) and the U.S. Department of Justice announced initiatives meant to assuage the European Union’s concerns over trans-Atlantic data flows and to secure Europe’s future commitment to the U.S.-EU Safe Harbor initiative.

On June 25, 2014, the FTC approved final orders that settled charg… Continue Reading

Only 4 Weeks Until Canada’s New Anti-Spam Rules Come into Force

Posted in Global, Marketing and Consumer Privacy

Provisions Have Implications for US, Global Businesses

Starting on July 1, 2014, key provisions of Canada’s Anti-Spam Law (CASL) governing commercial electronic messages (CEMs) will go into effect, per our advisory thoroughly analyzing CASL.  The statute and its implementing rules generally prohibit sending CEMs without the recipient’s exp… Continue Reading

UK Gives Search Engines Time to Comply With ‘Right to Be Forgotten’

Posted in Global, Marketing and Consumer Privacy

The UK data protection watchdog has said that it will give search engines like Google some time to put measures in place to respond to requests to take down links in search results.

On May 20, 2014, the UK Information Commissioner’s Office made its first public response to last week’s Court of Justice of the European Union decision against Google and its S… Continue Reading

United States Charges China with Cyber-Espionage in Unprecedented Indictment

Posted in Cyber and National Security, Global

This morning, the U.S. Department of Justice (DOJ) announced that a grand jury in the Western District of Pennsylvania has indicted five Chinese military officials on charges of computer hacking, economic espionage, and related offenses. The indictment marks the first time that the DOJ has filed charges against a state actor for cyber-theft and cyber-e… Continue Reading

European Union’s Highest Court Rules Google Must Remove Links Containing Personal Data

Posted in Global, Marketing and Consumer Privacy

In a significant and concerning decision, the European Court of Justice (“ECJ”) has endorsed the so-called “right to be forgotten” and ruled that, in some circumstances, search engines can be compelled to remove search result links to websites, news articles, court records and other documents that reveal truthful information about individua… Continue Reading

Brazil Enacts “Internet Bill of Rights,” Including Net Neutrality and Privacy Protections

Posted in Global, Technology

Brazil’s long-debated “Internet Bill of Rights” has finally become law. The legislation, which passed the Brazilian Senate unanimously in April, is intended to secure equality of access to the Internet in Brazil—i.e., Net Neutrality—and provide privacy protections for Brazilian users of the Internet. Experts hailed the law “for balanc… Continue Reading

Acquisitions Don’t Nullify Prior Privacy Promises–FTC’s Letter to Facebook & WhatsApp Gives Caution to All to Honor Privacy Protections in Mergers

Posted in Global, Marketing and Consumer Privacy

Social networking site Facebook announced in February its plans to acquire WhatsApp—a “rapidly growing cross-platform mobile messaging company”—for the princely sum of $19 billion. While Facebook and WhatsApp are looking forward to a bright future together, the Federal Trade Commission is keeping a watchful eye on both companies regarding … Continue Reading

EU High Court Overturns Telecom Data Retention Requirements

Posted in Data Protection, Global

The Court of Justice of the European Union, the highest court in the EU, declared the EU’s 2006 Data Retention Directive invalid in a judgment issued on April 8, 2014. The directive, which has been implemented via national legislation by most EU member states, requires telecommunications and Internet providers to collect and retain traffic and locatio… Continue Reading

Social Networking for Jerks: FTC Goes After Site for Scraping Facebook Content

Posted in Communications/Media, Global, Marketing and Consumer Privacy

In the 1979 Carl Reiner film The Jerk, a new phonebook is delivered and Steve Martin, playing the title character, rejoices that “I’m somebody now! Millions of people look at this book every day! This is the kind of spontaneous publicity—your name in print—that makes people. I’m in print! Things are going to start happening to me now.… Continue Reading

Google “Street View” case may be headed for SCOTUS Review

Posted in Communications/Media, Global, Marketing and Consumer Privacy, Policy and Regulatory Positioning

By John D. Seiver
Google held true to its promise to seek SCOTUS review of the Ninth Circuit’s interpretation of the term “radio communications” in the Wiretap Act when it filed its Petition for Certiorari last week. Google had argued in the Ninth Circuit that intercepting unencrypted Wi-Fi transmissions is within a specific exemption, but the Nint… Continue Reading

Federal Lawmakers Revive Do Not Track Kids Legislation

Posted in Data Protection, Global

A bipartisan, bicameral effort is again underway to extend current law and impose new restraints on the online tracking of children and teens under the age of 16. As promised, on Thursday, Nov.14, 2013, Senator Edward Markey (D-Mass) and Rep. Joe Barton (R-Texas) introduced their respective versions (S. 1700 and H.R. 3481) of the “Do Not Track Kids Act of … Continue Reading

Dealing with Networks and Regulatory Compliance: The Legal Side of Mobile Retail

Posted in Financial Services, Global, Policy and Regulatory Positioning

On April 16, 2013, DWT lawyers James Mann and Ronnie London presented on the topic of “Dealing with Networks and Regulatory Compliance: The Legal Side of Mobile Retail” at the RAMP Advanced Commerce and Mobile Retail Services Summit in Chicago.

The presentation focused primarily on two topics:

  • Why the Networks Are Here to Stay (and Some Sugge
Continue Reading

Congressmen ask FTC to Investigate Internet Use of “Supercookies”

Posted in Global, Marketing and Consumer Privacy

By David M. Silverman

Two Congressmen have written a letter to the Federal Trade Commission (FTC) asking the FTC to investigate certain websites’ use of “supercookies” to track the activities of website visitors after they have left the website and without their knowledge. The letter, written by Congressmen Joe Barton (R-TX) and Ed Markey (D-MA), … Continue Reading

Internet Privacy Class Actions

Posted in Cyber and National Security, Global, Litigation, Policy and Regulatory Positioning

In today’s cyberworld, operating in online and social media can put companies in a special class. Unfortunately, that class could mean a class action lawsuit. Websites and social media provide search engines, website operators, and advertisers powerful ways to obtain and monetize data about users. Jimmy Nguyen explores how this power has trigge… Continue Reading

FTC Data Security Consent Decree Suggests Minimum Steps Companies Must Take

Posted in Cyber and National Security, Data Protection, Financial Services, Global, Marketing and Consumer Privacy, Policy and Regulatory Positioning

The FTC recently announced a consent decree with online retailer Life is good (www.lifeisgood.com) that offers insight into what that agency may believe are the bare minimum steps companies must take when making the kind of generic we-protect-the-information-you-give-us statements found in most privacy policies. The FTC claimed Life is good offered … Continue Reading

New AOL Initiative May Help Shield Consumers from Targeted Advertising

Posted in Global, Marketing and Consumer Privacy

Posted by Hozaifa Y. Cassubhai

Web users may be better able to travel incognito online by the end of the year. 

AOL unveiled a new program last week that is designed to help webusers shield their online travels from advertisers. This technology would allow users to opt-out of online ads that are targeted to them based on their Web-surfing habits.… Continue Reading

Internet Adapts to Surveillance by Law Enforcement

Posted in Communications/Media, Global, Policy and Regulatory Positioning

Posted by Thomas Jeffry

Monday (May 14th) marked the deadline when all facilities-based broadband Internet access providers and providers of interconnected VoIP (voice over Internet protocol) needed to comply with Section 103 and 105 of the Communications Assistance for Law Enforcement Act of 1994 (CALEA), Pub. L. No. 103-414, 108 Stat. 4279. Cable mo… Continue Reading

U.S. SAFE WEB Act of 2006

Posted in Cyber and National Security, Global, Marketing and Consumer Privacy, Policy and Regulatory Positioning

Posted by Charlene Brownlee

Congress approved S. 1608, the “Undertaking Spam, Spyware, And Fraud Enforcement with Enforcers beyond Borders Act of 2006,” (the US SAFE WEB Act of 2006) on December 9, 2006. The US Safe Web Act amends the Federal Trade Commission Act (FTCA) and improves the Federal Trade Commission (FTC)’s ability to protect consumers … Continue Reading

Court Rules Providers of Broadband Internet and VoIP Services Must Make Networks “Wiretap-Friendly”

Posted in Global

Posted by Brian Bennett

The U.S. Court of Appeals for the D.C. Circuit recently ruled in American Council on Education v. Federal Communications Commission that providers of broadband Internet access and voice over Internet protocol (VoIP) must make their services “wiretap-friendly” under the Communications Assistance for Law Enforce… Continue Reading