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Jan 12th Update on FCC’s Internet Freedom Order

On December 14, 2017, the Commission voted 3-2 as expected along party lines to adopt the Internet Freedom Order that had been circulated as a draft on November 22, 2017. When effective, the new order will reverse the Commission’s 2015 Open Internet Order. Based on the Commissioners’ comments at the open meeting the new order should be substantially th… Continue Reading

2018 Predictions in Privacy & Security

GDPR – all year, all the time

Next year will be full of growing pains as both the public and private sector interpret, implement, and refine their efforts to comply with the GDPR. Large, multinational companies with a presence in the EU (and who are at the greatest risk of EU enforcement actions) will put pressure on their vendors across the globe to adopt pra… Continue Reading

FCC Targets “Robocalls” By Enabling Voice Providers to Block Inherently Suspect Phone Numbers

The Federal Communications Commission (FCC) has adopted rules aimed at reducing the incidence of “robocalls” by allowing voice service providers to block, before they reach consumers, calls that originate from phone numbers that strongly suggest the call is illicit. Such autodialed, usually prerecorded calls, the FCC says, often involve scams t… Continue Reading

China Prohibits Unverified Internet Users to Post Online Comments

On August 25, 2017, the Cyberspace Administration of China (“CAC”) issued the Administrative Provisions for Services concerning Internet Comment Posting (the “Internet Comment Posting Provisions”) and the Administrative Provisions for Services concerning Internet Forums and Communities (the “Internet Forum and Community Services P… Continue Reading

Draft Cybersecurity Legislation Would Impose Substantial New Obligations on Vendors Selling Interconnected Devices to the U.S. Government

On Tuesday, August 1, 2017, a bipartisan group of four Senators from the Senate Cybersecurity Caucus introduced legislation designed to improve the cybersecurity of devices purchased by the U.S. government and – albeit indirectly – sold anywhere in the U.S. or the world.

The legislation – the “Internet of Things (IoT) Cybersecurity Improvemen… Continue Reading

Washington’s New Biometric Privacy Law: What Businesses Need to Know

With the rise in hackings and data breaches, companies and government agencies are looking for ways to protect their data that offer more security than passwords. Because passwords are easily lost, stolen, guessed, and cracked by hackers, companies are shifting to the use of biological characteristics that uniquely identify you, called biometric iden… Continue Reading

(Connected) Toy Story: The FTC Updates the COPPA Compliance Plan

The Federal Trade Commission (“FTC”) recently issued an updated “Six-Step Compliance Plan for Businesses” (“Compliance Plan”) for entities subject to the Federal Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C. §§ 6501-6506, to “reflect developments in the marketplace—for example, the introduction of int… Continue Reading

FCC Reinstates CPNI Privacy Regulations (and Compliance Filing Obligations) for Telecom and VoIP Service Providers

In a recent order, the FCC has reinstated its customer proprietary network information (“CPNI”) rules governing the privacy obligations of voice service providers under Section 222. This action follows the Congressional repeal of the FCC’s 2016 Privacy Order that had extended CPNI regulations to broadband internet access services. As a result… Continue Reading

Federal Appeals Court Affirms TCPA Consent Cannot Be Revoked if Granted By Contract

Last week the U.S. Court of Appeals for the Second Circuit ruled in Reyes v. Lincoln Automotive Financial Services that a consumer does not have the right to revoke consent to autodialed and/or prerecorded calls to his a mobile device where consent was part of a bargained-for agreement between the consumer and the caller. This decision has broad implicatio… Continue Reading

What if Apple and the FBI went to SCOTUS?

Davis Wright attorneys Robert Corn-Revere and Ronald London recently argued the privacy and First Amendment interests in a “moot Supreme Court” session at the Newseum that sought to approximate appellate review of the issues arising out of the FBI’s effort to access the smart phones of the suspects in the San Bernardino shootings.

In the original r… Continue Reading

FTC Settles with Router Manufacturer for Security Failure

As the number of smart devices in homes connected to the Internet continues to grow, the need to keep home networks secure becomes increasingly important.

Device manufacturers that promise to secure these home networks, but fail to do so, may face increased scrutiny from the FTC following the agency’s latest enforcement action against a manufacturer o… Continue Reading

FTC Delays Decision on Proposal Under COPPA Rule

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

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

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

General Counsel, Is Your Website Vulnerable?

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

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?

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?

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

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

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