To say that mobile device usage has reached a tipping point would be an understatement. There are now more mobile devices than people in the world, a staggering 7.9 billion mobile devices for 7.4 billion people on Earth. In...more
4/5/2016
/ Advertising ,
COPPA ,
Corporate Counsel ,
Data Protection ,
Federal Trade Commission (FTC) ,
Internet of Things ,
Mobile Devices ,
Mobile Payments ,
Native Advertising ,
Popular ,
Proposed Legislation ,
Security and Privacy Controls ,
Smart Devices ,
Social Media ,
Tracking Systems ,
Young Lawyers
We have been closely following the evolution of “native advertising” and the regulatory response since before the FTC’s Workshop “Blurred Lines: Advertising or Content?” over two years ago. Applying traditional FTC...more
The FTC, in recent staff statements, has sought to clarify advertisers’ and publishers’ obligations regarding native advertising and social media promotions, particularly regarding when and how to clarify to readers that a...more
Most analysts and commentators agree that 2014 was the year mobile reached a tipping point. With over 1 billion mobile smartphones in circulation, 2014 marked the first year that mobile Internet usage surpassed desktop use in...more
1/26/2015
/ Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Federal Trade Commission (FTC) ,
Internet of Things ,
JPMorgan Chase ,
Legislative Agendas ,
Marketing ,
Mobile Devices ,
Mobile Payments ,
Mobile Privacy ,
Popular ,
Privacy Policy ,
Smartphones ,
Uber
The long-brewing behind-the-scenes tensions of privacy, big data, and mobile finally came to a head last week in the public relations disaster known as #Ubergate. Uber’s meteoric rise to the pinnacle of the rideshare start-up...more
“Native advertising” has become popular with advertisers and publishers, but it has raised concerns by the Federal Trade Commission and NAD, the advertising self-regulatory organization, and spawned lawsuits by content owners...more
—PART V—
Not all Native Advertising May Be Commercial Speech under the First Amendment -
If there is one thing clear from the case law, it is that the commercial speech analysis under the First Amendment is a...more
—PART IV—
Commercial and Noncommercial Inextricably Intertwined Speech -
The Bolger court found that the mailings constituted commercial speech “notwithstanding the fact that [informational pamphlets]...more
The Evolution of Commercial Speech’s First Amendment Protection -
One of the fundamental purposes of the First Amendment is to promote the free flow of information in the “marketplace of ideas.” To that end, the First...more
In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin, we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice....more
As long as we have sold stuff, we’ve used images or stories to help sell them. As Calvin Coolidge of all people once said in one of his rare Don Draper moments - “Advertising ministers to the spiritual side of...more
In what seems like a lifetime ago –and in the fast moving world of the Internet maybe it is – back in May 2000 the Federal Trade Commission issued “Dot Com Disclosures: Information about Online Advertising" to provide...more