As we previously advised, the Federal Communications Commission (FCC) reinstated its customer proprietary network information (“CPNI”) rules governing the privacy obligations of telecommunications and VoIP service providers under Section 222. As a result, the annual certification for calendar year 2017 must be filed with the FCC by March … Continue Reading
Attending HIMSS in Las Vegas? Make Sure to Check Out Adam Greene’s Session, “HIPAA and a Cloud Computing Shared Security Model”
Cloud computing often involves a shared security model. The cloud service provider (CSP) may provide a virtual vault, but all of its security is meaningless if the customer uses a weak password. When a HIPAA covered entity o… Continue Reading
US News reports: “A legislative panel has approved a bill that would require companies to inform South Dakota residents whose personal information was taken in a data breach,” and that “the state needs a fair reporting law that requires consumers to be notified about the loss of their infor… Continue Reading
Legaltech is considered the largest and most important legal technology event of the year.
Join Amy Mushahwar on Thursday, February 1 for her panel: “From Courtroom to Conference Room: Legal Ethics in the Age of Artificial Intelligence”
As Artificial Intelligence continues its sweeping ascent, the implications of delegating to machines decision… Continue Reading
The FCBA Intellectual Property Committee will sponsor a CLE in Washington, DC, on Wednesday, February 7 from 6:00 – 8:15 p.m. entitled “ISP Responsibilities Under Copyright and the DMCA.”
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
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
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
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
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
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
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
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
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
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
Davis Wright Tremaine hosted its fourth conference on the legal, regulatory, and commercial landscapes surrounding these rapidly emerging fields. What are the big lessons for your business?
Armed with an ever-increasing list of Internet-connected devices capable of collecting employee data, how can your company leverage advantages to employee productivity and collaboration and reduce exposure to information security and privacy pitfalls?
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
On November 18, the Federal Trade Commission approved a new verifiable parental consent method under the Children’s Online Privacy Protection Act (COPPA) Rule, which will allow entities to use facial recognition technology to obtain the parental consent required under the COPPA Rule prior to collecting, using, or disclosing information on childre… Continue Reading
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).
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
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
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