Recent Posts

Yesterday, the parties in the multi-district Target data breach class action litigation submitted to the district court overseeing the litigation a motion for preliminary approval of a $10 million settlement. Target originally announced the data breach on December 19, 2013, at which time it estimated that the breach affected as many as 40 million card...

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Companies who call customers or send text messages to customers are abundantly aware of the potential risk under the Telephone Consumer Protection Act (“TCPA”). Increasingly, lawsuits are being filed against other companies that are simply facilitating the voice or text messaging campaign. For some who merely transmit voice calls or text messages on behalf of...

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Joining the list of courts that have evaluated the Federal Trade Commission’s authority in the data security space, the U.S. Court of Appeals for the Third Circuit heard arguments on FTC v. Wyndham Worldwide Corporation on March 3, 2015 on two questions certified on interlocutory appeal: Whether the FTC can bring an unfairness claim involving...

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Data “onboarding”—also called “CRM retargeting,” “CRM onboarding,” or just “audience targeting”—is a relatively new way for marketers to reach highly particularized audiences online. It differs from behavioral tracking models because it uses de-identified data originally derived from personal information—such as data reflecting consumers’ demographics or transactional histories—rather than data inferred from their online activity. Background:...

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To help schools and districts protect student privacy when they decide which online educational services and applications to offer students, on February 26, 2015, the U.S. Department of Education released a training video and guidance entitled Protecting Student Privacy While Using Online Educational Services: Model Terms of Service. The guidance details best practices to enable...

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The Digital Advertising Alliance (“DAA”) this week rolled out its long-awaited “AppChoices” mobile advertising solution, intended to complement the current “AdChoices” icon, DAA Consumer Choice pages, and opt-out programs. These programs currently enable third-party web and mobile ad targeting companies to place icons in ads across the online ecosystem, directing consumers to the www.aboutads.info opt-out...

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Earlier this month, the EU Working Party 29 published the results of a sweep conducted by 8 EU data protection authorities regarding the cookie use practices of approximately 500 sites. The 2011 EU e-Privacy Directive requires sites to provide notice of and receive informed consent to the use of cookies and similar technologies, with limited...

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Photo by Lima Pix from Flickr

FAA and White House Release Drone Guidelines

Feb 19, 2015 by Katherine Robison

Both the Federal Aviation Administration (FAA) and the White House on February 15th announced new guidelines on the use of drones in the U.S. The FAA’s proposed rules governing small drones (unmanned aircraft systems or “UAS”) will not be final until after the 60-day public comment period. The proposed rules include the following: UAS cannot...

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We previously blogged about President Obama’s increased focus on privacy and data security issues. Consistent with that focus, on February 13, 2015, President Obama issued an Executive Order entitled, “Promoting Private Sector Cybersecurity Information Sharing.” The Order urges companies to develop and join “Information Sharing and Analysis Organizations” (“ISAOs”), where members can share information related...

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On February 12, 2015 the National Institute of Standards and Technology (NIST) announced that it is launching a competition for a fourth round of grants stemming from the 2011 White House initiative, the National Strategy for Trusted Identities in Cyberspace (NSTIC). The initiative called for a “vibrant Identity Ecosystem” with identity solutions that are privacy-enhancing...

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