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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...
|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...
|Eliminating Tariffs on Information Technology (IT) Products: Expanded WTO List on the Horizon|
Sabrina A. Bandali, Jesse I. Goldman; Bennett Jones LLP;
August 7, 2015, previously published on July 24, 2015On July 24, 2015 the World Trade Organization (WTO) announced that negotiators had agreed on a list of products and draft declaration to expand the product scope of the 1996 Information Technology Agreement (ITA). The proposed "ITA 2" would eliminate tariffs on 20 additional products,...
|FCC Order Clarifies Many Details in TCPA and FCC Rules Regarding Call and Text Message Marketing|
Brian A. Nixon, Meredith J. Siller, Laura A. Wytsma; Loeb & Loeb LLP;
July 31, 2015, previously published on July 2015In response to 20 petitions from various marketing companies, industry groups and advertisers, as well as a request for clarification from the National Association of Attorneys General, the Federal Communications Commission (FCC) issued a Declaratory Ruling and Order that clarifies issues relating...
|FTC'S New Consumer Data Security Guidance Offers Businesses Practical Tips|
Kenneth R. Florin, Ieuan Jolly, James D. Taylor; Loeb & Loeb LLP;
July 31, 2015, previously published on July 2015The Federal Trade Commission has issued new guidance on data security for companies that collect, store and use consumer information, gleaned from the more than 50 enforcement actions brought by the agency over the past decade. The guidance, "Start with Security: A Guide for Business,"...
|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...
|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...
|FCC Releases Much-Anticipated TCPA Declaratory Ruling and Order|
Tracy P. Marshall; Keller and Heckman LLP;
July 15, 2015, previously published on July 14, 2015As we previously reported, the Federal Communications Commission (“FCC” or “Commission”) adopted a significant Declaratory Ruling and Order on June 18, 2015 to clarify aspects of the Telephone Consumer Protection Act (“TCPA”), namely, the use of “automatic...