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On the Seventh Day of Privacy, federal agencies gave to me…..

Posted in 12 Days of Privacy, Cybersecurity, Data Breach Notification, Federal Trade Commission, Privacy Regulation

Questions of Authority – who will be the federal regulatory cop on the privacy beat?  FTC?   FCC?  Privacy, Data Security Jurisdiction Questions to the Forefront in 2015 Written by Christopher Harvie As privacy and data security gain more visibility among policy-makers, questions of federal agency authority and jurisdiction are also gaining a higher profile. Since… Continue Reading

Privacy Monday (on Tuesday….) — November 17, 2014

Posted in Cybersecurity, European Union, Federal Trade Commission, Privacy Monday, Security

Sometimes the day just gets away from you… Here are three privacy & security things you should know for your week: 1.  FTC Cites TRUSTe With Misrepresenting Practices – Fines $200,000 Apparently TRUSTe hasn’t been quite so …. the fine is part of an agreed settlement with the FTC, under which the Commission has charged… Continue Reading

Corrective Action Earns Verizon End to FTC’s FiOS Router Investigation

Posted in Cybersecurity, Federal Trade Commission

Corrective action taken by Verizon Communications to fix security issues with its FiOS and DSL routers resulted in the FTC closing its investigation to determine whether Verizon’s distribution of the routers was an unfair or deceptive practice. According to the FTC, Verizon regularly shipped routers to consumers with the default security set to the outdated… Continue Reading

Privacy Monday: July 14, 2014

Posted in Children, Federal Trade Commission

FTC Sues Amazon Over In-App Purchases Made by Children  Written by Jake Romero, CIPP Children, according to Whitney Houston, are our future, but they are also, according to the Federal Trade Commission, willing to spend unlimited amounts of money to purchase virtual items within mobile applications.  In a lawsuit filed after Amazon.com, Inc. resisted a… Continue Reading

Backlash Over Facebook Timeline Experiment Serves as a Reminder: User Expectations Still Trump Fine Print

Posted in Federal Trade Commission, Privacy Litigation, Privacy Regulation

Written by Jake Romero, CIPP If you are one of the approximately 1.3 billion people who use Facebook, you’ve likely experienced the phenomenon where a single event (like Luiz Suarez biting that Italian guy or pretty much anything involving TSA) manages to raise the ire of a large number of your Facebook friends, causing them… Continue Reading

Wyndham Gets Life Preserver in Data Breach Case

Posted in Data Breach, Data Breach Notification, Federal Trade Commission, Privacy Litigation

Written by Adam Veness New Jersey U.S. District Judge Esther Salas agreed to allow Wyndham Hotels and Resorts LLC to immediately appeal to the Third Circuit a ruling affirming the FTC’s authority to bring data security cases.  We have been following this case since the beginning, and you can see our last post here. Judge Salas… Continue Reading

“Selfie” Assessment – 4 Key Lessons from Snapchat’s Settlement with the FTC

Posted in Data Breach, Federal Trade Commission, Privacy Regulation

Written by Jake Romero, CIPP/US As a country we are quickly approaching a time in which most adults will be disqualified from being elected to public office because of something they posted on their social media account while growing up.  Against this backdrop of over-sharing, Snapchat, Inc. won over the hearts of its users with… Continue Reading

Regulators Speak at IAPP Breakfast Meeting in NYC

Posted in Cybersecurity, Data Breach, Data Compliance & Security, Federal Trade Commission

Written by Andowah Newton Some important takeaways to start your weekend: Data Breach Incidents—Especially “Ransom” Incidents, are on the Rise—One panelist observed that the New York State Attorney General’s Office received reports of approximately 900 data breach incidents during the past year alone.  There has been a significant increase in reports of “ransom” incidents, in… Continue Reading

NYC Women in Intellectual Property Discuss Cybersecurity

Posted in Cybersecurity, Data Breach, Data Compliance & Security, European Union, Federal Trade Commission

Written by Andowah Newton Yesterday, Mintz Levin attended a panel breakfast sponsored by the New York City Bar’s Committee on Women in Intellectual Property.  The panel featured two practitioners, one from the public sector and one from the private sector.  The panel was moderated by Karen Greenberg, Director at Fordham Law’s Center.   Some takeaways that we… Continue Reading

Privacy Monday: April 4, 2014 — Fandango and Credit Karma and What They Should Mean to Your Mobile App

Posted in Federal Trade Commission, Mobile Privacy, Privacy Monday

Welcome to the first Monday in April. Our Privacy Monday is a report on the Federal Trade Commission’s latest privacy notice-related settlements with Fandango and Credit Karma.   These settlements should be reviewed by any company with (or planning to have) mobile applications and reinforces our mantra:  Say what you do, and do what you say.   … Continue Reading

FTC Approves Another COPPA Safe Harbor Program

Posted in Children, Federal Trade Commission, Privacy Regulation

Written by Julia Siripurapu The FTC has announced its unanimous approval for the kidSAFE Seal Program proposed by Samet Privacy, LLC under the “safe harbor” provision of the COPPA Rule (the “kidSAFE Seal Program”). The Commission’s decision comes after an extended public comment period due to the agency’s shutdown last year.  For more information regarding… Continue Reading

BREAKING NEWS: FTC Announces Major Settlement with Apple

Posted in Children, Federal Trade Commission

Written by Julia Siripurapu and Cynthia Larose Apple Agrees to Pay Consumers At Least $32.5 Million to Settle Complaint of Unfair Billing Related to Children’s In-App Charges FTC Chairwoman Edith Ramirez just announced (press conference) that Apple, Inc. (“Apple”) has agreed to provide consumers full refunds of at least  $32.5 Million Dollars to settle the… Continue Reading

COPPA: New Year, New Requests to FTC For Investigation of Violations

Posted in Children, Federal Trade Commission, Privacy Regulation

Written by Julia Siripurapu As we predicted in our prior blog post reviewing the key children’s privacy developments of the past year, 2014 is turning out to be the year of enforcement of children’s privacy regulations! The first two requests for investigation under the Amended COPPA Rule have been filed with the FTC by the Center… Continue Reading

COPPA: “Knowledge-Based Authentication” Method Approved by Federal Trade Commission

Posted in Children, Federal Trade Commission

Written by Julia Siripurapu The FTC has announced (press release) that it has unanimously approved the knowledge-based authentication method proposed by Imperium, LLC (“Imperium”) as a COPPA-compliant method of obtaining verifiable parental consent (“VPC”). Knowledge-based authentication has been used by entities in the financial services industry to authenticate users for several years. For more information… Continue Reading

On the Eighth Day of Privacy, my Mobile Apps Know Everything About Me . . .

Posted in Cybersecurity, Federal Trade Commission, Mobile Privacy

Of all the “Days of Privacy” looking forward to 2014, we believe that the issues surrounding mobile applications and privacy will see some of the most intense regulatory focus …. read on, and be prepared…. Written by Jake Romero, CIPP/US One could argue that the guiding principle behind the exponential growth and pervasive influence of… Continue Reading

On the Seventh Day of Privacy, the FTC Gave to Me….

Posted in Children, Federal Trade Commission, Privacy Regulation

Significant compliance obligations with children’s privacy rules!  Written by Julia Siripurapu, CIPP/US Last December, the FTC gave to us the long awaited (or maybe not so much by covered entities!) final amendments to the 14-year old Children’s Online Privacy Protection Act (COPPA) Rule (the “COPPA Rule,” and as amended, the “Amended COPPA Rule”). Published in… Continue Reading

On the Fourth Day of Privacy, the Internet gave to me….

Posted in Data Compliance & Security, Federal Trade Commission

Editor’s comment:  Today’s version of “four calling birds” might look more like: your refrigerator, your smartphone, your home security system and your energy management system…..all connected to the Internet of Things Written by Jonathan Cain, CIPP/G Web cameras, burglar alarms, fitness monitors, smartphones, and a host of other internet connected devices all have the potential to… Continue Reading

Google pays BIG to state Attorney Generals for Improper Consumer Tracking

Posted in Class Action Litigation, Data Compliance & Security, Federal Trade Commission, Privacy Litigation, Privacy Regulation

Written by Julia Siripurapu Earlier this month, Google, Inc. (“Google” or “Company”) entered into an  agreement with the Attorney Generals of 37 states and the District of Columbia, settling allegations of violation of  the participating states’ consumer protection or applicable computer abuse statutes (the “Settlement Agreement”). Here’s what got the tech giant in trouble: Google… Continue Reading

FTC Votes 4-0 to Extend Public Comment Deadline on Two COPPA Proposals

Posted in Children, Federal Trade Commission

The FTC has announced (press release) that, as a result of the recent shut down of the agency, the Commission has voted unanimously to extend the public comment periods for two recent proposals under the COPPA Rule. Specifically, the public comment period for the verifiable parental consent solution proposed by Imperium, LLC (“Imperium VPC Method”) scheduled… Continue Reading

FTC and the “Internet of Things”: Franchisor on the hook

Posted in Data Compliance & Security, Federal Trade Commission, Privacy Regulation

Written by Amy Malone Last fall the Federal Trade Commission brought cases against a software developer and rent-to-own stores that secretly monitored people in their homes.  The developer provided the stores with software that had a “Detective Mode” that once enabled allowed the stores to log key strokes, capture screen shots, take pictures using the… Continue Reading

Senator Markey Back in the Privacy Hunt: Google’s New Terms of Service Prompt Letter to FTC

Posted in Federal Trade Commission, Online Advertising, Privacy Regulation

Written by Adam Veness Google has recently announced changes to its terms of service that will allow Google to incorporate its users’ photos, comments and names in advertisements.  This new policy will go into effect on November 11th. Seemingly always quick to action when privacy issues are implicated, Senator Edward J. Markey (D-MA) has already… Continue Reading

FTC Seeks Public Comment on Proposed kidSAFE COPPA Safe Harbor Program

Posted in Children, Federal Trade Commission

Written by Julia Siripurapu, CIPP In a Federal Register notice to be published shortly, the FTC is seeking public comment on the kidSAFE Seal Program proposed by Samet Privacy, LLC under the “safe harbor” provision of the COPPA Rule. This provision enables industry groups or other interested entities to submit to the FTC for approval… Continue Reading