Privacy & Security Law Blog

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Insight & Commentary on Information Management and Protection

Category Archives: Technology

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FTC Delays Decision on Proposal Under COPPA Rule

Posted in Policy and Regulatory Positioning, Technology

Parents and companies will have to wait a few more weeks before learning whether facial recognition technology can be used to verify parental consent under the Children’s Online Privacy Protection Act (COPPA).

The Federal Trade Commission announced on October 23 that it will delay until November 18 its decision on whether to approve a new verifiable pa… Continue Reading

DWT Webinar: Legal Issues in Wearable Health Technologies

Posted in Surveillance, Technology, Workplace Privacy

Davis Wright Tremaine LLP partner Louisa Barash will address the legal concerns and risks associated with wearable health technologies in a webinar on September 24

Wearable health technologies provide a great deal of benefits to consumers, health providers, and employers who offer wellness programs to their employees. From fitness bands that help ind… Continue Reading

HR Legal Concerns Surrounding Wearables

Posted in Surveillance, Technology, Workplace Privacy

Wearables look like they will be en vogue for seasons to come. They can be used for a variety of purposes – tracking fitness, improving posture, and even measuring air quality.  But when employers use wearable technology to evaluate activity, there may be legal concerns. Christin McMeley sat down with Bloomberg BNA to discuss the surrounding privacy is… Continue Reading

Technical Body Moves Closer to Do Not Track Standards

Posted in Technology

The long running struggle to develop technical standards for the implementation of a do not track (DNT) specification is moving closer to completion. The World Wide Web Consortium (W3C) working group recently released a “last call working draft” of its tracking compliance specification. The specification would establish server-side standards f… Continue Reading

General Counsel, Is Your Website Vulnerable?

Posted in Cyber and National Security, Technology, Workplace Privacy

A report just released by security startup, Menlo Security, found that one-third of the top one million websites have already been compromised with malware or are running outdated or unpatched software that is vulnerable.

The problem is two-fold:

1. Does your website contain vulnerabilities?
As the report notes, these website vulnerabilities are easi… Continue Reading

Advisory Alert: FTC Staff Report on Internet of Things

Posted in Marketing and Consumer Privacy, Technology

The Federal Trade Commission released its much anticipated staff report on January 27 regarding consumer privacy and data security concerns arising from the emerging market for connected devices known as the Internet of Things (“IoT”). Titled “The Internet of Things: Privacy and Security in a Connected World,” the FTC’s report (the “Repo… Continue Reading

Legal Departments: Are You Ready for The New PCI DSS Requirements?

Posted in Data Protection, Financial Services, Technology

Starting Jan. 1, 2015, the Payment Card Industry Data Security Standard (PCI DSS) Version 3.0 (click-through agreement required) will replace Version 2.0.  The PCI DSS is a set of requirements developed by the four major credit card networks and is designed to enhance the security of credit card transactions and cardholder data.  The PCI DSS requir… Continue Reading

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

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

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

COPPA’s “Safe Harbor” Grows with FTC’s Approval of iKeepSafe’s Self-Regulating Framework

Posted in Data Protection, Technology

The Federal Trade Commission (FTC) has announced that it approved iKeepSafe’s Safe Harbor Program application, allowing the company’s self-regulating framework to serve as a safe harbor under the Children’s Online Privacy Protection Act (COPPA) and the COPPA Rule. The approval comes five months after iKeepSafe originally submitted its safe hContinue Reading

U.S. District Court Dismisses Privacy Class Actions against Viacom, Google

Posted in Communications/Media, Technology

Google and Viacom’s,, and off the hook – for now

On July 2, 2014, New Jersey Federal District Judge Stanley R. Chesler dismissed six consolidated MDL class actions challenging Viacom’s and Google’s practice of installing cookies on personal computers that were used by children to access three Nickelodeon websi… Continue Reading

UPDATE on Breslow v. Wells Fargo – Same as the Old Boss: Eleventh Circuit Withdraws Opinion Just Four Days Later, But to Little Practical Effect

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

Just a few days ago, we reported on the Eleventh Circuit’s decision in Breslow v. Wells Fargo, which reaffirmed precedent that strict liability can arise in autodialer, prerecorded-message and texting suits under the Telephone Consumer Protection Act (TCPA), if a caller or texter obtained consent from the intended recipient, but that party’s cell … Continue Reading

Summertime Blues: Eleventh Circuit Doubles Down on Strict TCPA Liability for Texts and Autodialed and Prerecorded Calls to Cell Phones

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

Over the Spring, we reported on how the Eleventh Circuit’s decision in Osorio v. State Farm brought that court into alignment with the Seventh Circuit on how restrictions in the Telephone Consumer Protection Act (TCPA) on automated and/or prerecorded calls and texts to cell phones can effectively impose strict liability, even if a calling party beli… Continue Reading

Should Have Stayed on The Farm(ville): Class Action Plaintiffs’ ECPA Claims Put Out to Pasture

Posted in Marketing and Consumer Privacy, Technology

Ah, to be a class action plaintiff these days. One day you’re up, plowing through the Northern District of California on expansive theories of injury, the next you’re down, upended like a top-heavy apple cart by a failure to properly plead your claims under the relevant statute. In In Re: Zynga Privacy Litigation, it was the latter—a failure to prop… 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

“Like” It Or Not–It May Not Matter

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

Loading Facebook’s “Like” Button Sends Personal Information Even If Not Clicked, and That Alone Could Violate the Video Privacy Protection Act
Recently, a magistrate judge in the Northern District of California confirmed what many already believed: that information disclosed to third parties without appropriate consent or pursuant to a permi… Continue Reading

Congratulations, You’re Entitled to a Refund . . . Now Hand Me Your Wallet

Posted in Technology

Posted by Lance Koonce

Perhaps I’m just cynical, but if the Internal Revenue Service sends me an email notice today saying that I have unexpectedly received a refund on my taxes, I will not rush out and start start shopping for that new car just yet. (Of course, maybe that’s because my taxes are never done until April 15th, so anything I receive fro… Continue Reading

Need Another Reason to Hate Tax Season?

Posted in Technology

Posted by Merrill Baumann

It’s axiomatic that wherever large sums of money are changing hands, there will be scams seeking a piece of the action… and tax collecting is no exception. Not surprisingly, the IRS warns that numerous phishing scams abound, where the perpetrator asks for confidential information in exchange for tax refunds or some … Continue Reading

Phishing Scams Continue to Rise

Posted in Technology

Posted by Kraig Baker

Gartner reports that phishing attacks grew 28% from May 2004 to May 2005. Almost 2.5 million people reported losing money because of phishing attacks (and that’s just those that admitted to it) to the tune of $929 Million and 11 million people clicked on a phishing e-mail. Despite the increase, it doesn’t appear to me that p… Continue Reading