Recent Posts

HHS announced last week that it was withdrawing a proposed Final Rule on Breach Notification for Unsecured Protected Health Information from Office of Management and Budget (“OMB”) review “to allow for further consideration.” While the agency did not specify why the rule was withdrawn from OMB review, there is some speculation that HHS may be...

Read More →

Today in the Washington Post, Marc Zwillinger explains how the proposed addition of electronic communication transaction records to the list of items law enforcement can seek with a national security letter could open a significant amount of Internet activity to government surveillance without judicial authorization, including Web 2.0 and social media.  The article, “White House Proposal Would Ease FBI...

Read More →
no image

House, Senate hold Hearings on Online Privacy

Jul 28, 2010 by Lisa Branco

Committee hearings on online privacy are being held in both the House and Senate this week.  On Tuesday, the Senate Commerce Committee held a hearing on Consumer Online Privacy at which the committee heard testimony from the chairs of the FTC and FCC, as well as representatives from Facebook, Google, AT&T, and Apple.  (Archived hearing...

Read More →

It is likely that sometime in the next few weeks craigslist will be filing a writ petition in the First Appellate District Court of Appeal for the State of California in Scott P. v. craigslist, Inc., Foster Dairy Farms, et al., No. CGC-10-496687 (Hon. Peter Busch), asking the Court of Appeal to reverse a recent...

Read More →

On July 8, 2010, HHS released a Notice of Proposed Rulemaking (“NPRM”) which includes proposed changes to Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy, Security, and Enforcement Rules to implement statutory changes in the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”).   If implemented, the proposed changes would: Expand...

Read More →

The FTC announced that it has extended the period for public comments related to its review of the Children’s Online Privacy Protection Act (“COPPA”) to July 12.  Comments were originally due June 30.   More information on where to submit comments can be found here....

Read More →

          During a recent hearing, Judge Rosemary Collyer, of the United States District Court for the District of Columbia, expressed concerns about a law firm’s litigation strategy of grouping thousands of individuals together in mass copyright infringement suits.  The law firm, newly renamed the United States Copyright Group, has filed seven Doe suits aimed at...

Read More →
no image

Twitter Settles with the FTC

Jun 29, 2010 by ZwillGen

The Federal Trade Commission and Twitter have agreed to settle charges stemming from two security breaches in early 2009, during which hackers were able to obtain unauthorized administrative control of the social networking service, access private user data, hijack user accounts, and send out phony tweets (including from the accounts of then President-Elect Barack Obama,...

Read More →

Yesterday, Marc Zwillinger testified before the United States House of Representatives Committee on the Judiciary regarding ECPA Reform and the Revolution in Location Based Technologies and Services.  His testimony, which can be found here, touches on the current state of the law and the benefits of legislative reform, and calls upon Congress to set forth clear and...

Read More →

Founding Partner, Christian Genetski will be speaking at the 7th Annual E-Commerce Best Practices Conference today, where he will be discussing the best practices for responding to subpoenas for Web 2.0 Companies.  Specifically, he will be addressing: Best Practices in responding to subpoenas and search and seizure orders Applying the ECPA to cloud computing John...

Read More →