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Documents on Communications Law, Communications & Media
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|U.S. Court of Appeals Upholds FTC’s Authority to Regulate Cybersecurity|
Sutherland Asbill Brennan LLP;
August 25, 2015, previously published on August 24, 2015Today, the United States Court of Appeals for Third Circuit issued its opinion in FTC v. Wyndham Worldwide Corp. upholding the authority of the Federal Trade Commission to regulate corporate cybersecurity under Section 5(a) of the Federal Trade Commission Act, which prohibits businesses from...
|FTC Safe Harbor Actions|
Ieuan Jolly; Loeb & Loeb LLP;
August 25, 2015, previously published on August 2015While the U.S.-EU “Safe Harbor” Framework for transferring data into the United States is hardly new — it was approved 15 years ago — the Federal Trade Commission has recently focused its enforcement efforts on companies that inaccurately represent their certification under...
|NIST Publishes Cybersecurity Standards Objectives|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
August 25, 2015, previously published on August 24, 2015The National Institute of Standards and Technology has published a draft of its objectives for cybersecurity standardization, following in many ways the consultative model that it used successfully in drafting the NIST Framework for critical infrastructure cybersecurity.
|A Recent FCC Order May Require Financial Institutions and Healthcare Providers to Put Robocalls to Wireless Phone Numbers on Hold|
Mitchell F. Brecher, Debra McGuire Mercer; Greenberg Traurig, LLP;
August 14, 2015, previously published on August 13, 2015A recent Federal Communications Commission (FCC) Order issued July 10, 2015, (Robocall Order) clarifies several provisions in the Telephone Consumer Protection Act (TCPA) (47 U.S.C. § 227) and the FCC’s implementing regulations (47 C.F.R. § 64.1200). Those laws provide that an...
|NAIC CyberSecurity Task Force To Review Federal Financial Institutions Examination Council's (FFIEC) Cyber-Assessment Tool|
G. Donovan Brown; Colodny Fass, P.A.;
August 12, 2015, previously published on August 10, 2015The National Association of Insurance Commissioners ("NAIC") Cybersecurity Task Force will discuss the Federal Financial Institutions Examination Council ("FFIEC") Cybersecurity Assessment Tool ("CAT") as part of its Summer 2015 National Meeting agenda (Twitter Hashtag...
|Post/Tweet/Pin/Snap/Share/Etc. with Confidence: Crafting Social Media Policies to Survive Consumer and Regulatory Scrutiny|
Nathan A. Cardon, Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
July 16, 2015, previously published on July 14, 2015It is a common refrain in advertising that you have to go where the eyeballs are. These days, many advertisers have concluded that the eyeballs are in and on social media- whether on desktop computers, tablets, or mobile devices like smartphones and smart watches so thats where many are spending an...
|SMS: Spoliation Made Simple?|
Valerie Diden Moore; Butler Snow LLP;
July 16, 2015, previously published on July 16, 2015Text messages have become an increasingly important and confusing topic in litigation. As a communication tool, text messages are on the rise and are typically seen as less formal and more immediate than even email. Immediacy and convenience led to an explosion of email use and a concomitant...
|EU Data Privacy Update: European Council Approves Agreement To Data Privacy Reform|
Kenneth R. Florin, Ieuan Jolly, James D. Taylor; Loeb & Loeb LLP;
July 15, 2015, previously published on July 2015European regulators took another step forward on the protracted and procedurally involved path to EU-wide data privacy reform earlier this month when the European Council (the organization of the individual member states) agreed upon a "common approach" to data privacy regulation that...
|U.S. Supreme Court Upholds Privacy Rights for Los Angeles Hotel Operators|
Michael C. Douglass; Wilson Elser Moskowitz Edelman & Dicker LLP;
July 15, 2015, previously published on July 13, 2015In a win for privacy advocates, the U.S. Supreme Court ruled that a City of Los Angeles municipal ordinance permitting warrantless police searches of hotel registries is unconstitutional. The subject ordinance (Los Angeles Municipal Code section 41.49 3(a)) required hotel operators to hand over...
|Privacy Monday - July 13, 2015|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
July 15, 2015, previously published on July 13, 2015Welcome to the dog days of summer 2015. Three privacy & security bits and bytes to start your week (if you are reading this on vacation ... good for you!)