Recent Posts

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...

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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....

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          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...

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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,...

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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...

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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...

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Yesterday, the Supreme Court handed down its much anticipated opinion in City of Ontario, California v. Quon, No. 08-1332 (June 17, 2010). The opinion, however, provides little guidance as to whether individuals have a reasonable expectation of privacy in their text messages....

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In a recent decision, the Fourth Circuit ruled that a user cannot raise Fourth Amendment objections to disclosure to the Government when an Internet Service Provider complies with the mandatory reporting requirement in 42 U.S.C. § 13032. The Fourth Circuit found that the ISP was not acting as an instrument or agency of the...

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On June 10, 2010, Senators Joseph Lieberman (D-CT), Susan Collins (R-ME), and Thomas Carper (D-DE) introduced a new bill aimed at strengthening the country’s cybersecurity capabilities. The bill, titled, “The Protecting Cyberspace as a National Asset Act of 2010,” (S. 3480) would create an Office of Cyber Policy in the Executive Office of the...

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Today, the FTC has issued an announcement that at the request of several members of Congress, it will be further delaying enforcement of the Identity Theft Red Flags Rule until December 31, 2010.  However, the Commission did note that if Congress is able to pass legislation prior to December 31, 2010 that resolves the outstanding questions...

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