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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...
|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,...
|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,"...
|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...
|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...
|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!)
|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...