With the second Trump Administration set to take power in January 2025, one can expect a pendulum swing in many aspects of technology policy. For example, while it is expected that President Trump will will continue efforts...more
11/11/2024
/ Antitrust Provisions ,
Artificial Intelligence ,
China ,
Defense Production Act ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Investment ,
New Regulations ,
NIST ,
OMB ,
Proposed Rules ,
Reporting Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Semiconductors ,
Startups ,
U.S. Commerce Department
Since the start of the year, the Federal Trade Commission (FTC) has brought actions against – and reached proposed settlements with – three business ventures engaged in the collection, use and sharing of certain consumer...more
The Federal Trade Commission (FTC) has long expressed a concern about the potential misuse of location data. For example, in a 2022 blog post, “Location, health, and other sensitive information: FTC committed to fully...more
In the rapidly-evolving AI space, the last few days of this week saw significant AI developments occur perhaps even faster than usual. For example, seven AI companies agreed to voluntary guidelines covering AI safety and...more
Given the recent explosion of interest in Generative AI that came along with the introduction of ChatGPT in November, and the fact that Proskauer is advising clients on AI issues across almost all practice areas, the firm put...more
On August 29, 2022, the Federal Trade Commission (FTC) announced that it had filed a complaint against Kochava, Inc. (“Kochava”), a digital marketing and analytics firm, seeking an order halting Kochava’s alleged acquisition...more
On August 11, 2022, the Federal Trade Commission (FTC) issued an Advance Notice of Proposed Rulemaking (ANPR) and announced it was exploring a rulemaking process to “crack down on harmful commercial surveillance” and lax data...more
On July 11, 2022, the Federal Trade Commission (FTC) published “Location, health, and other sensitive information: FTC committed to fully enforcing the law against illegal use and sharing of highly sensitive data,” on its...more
7/15/2022
/ Abortion ,
Biden Administration ,
Consumer Information ,
Data Collection ,
Data Protection ,
Data-Sharing ,
Dobbs v. Jackson Women’s Health Organization ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Healthcare ,
Location Data ,
Location Privacy ,
Mobile Health Apps ,
Patient Access ,
Patient Privacy Rights ,
PHI ,
Privacy Concerns ,
Reproductive Healthcare Issues ,
SCOTUS ,
Sensitive Personal Information ,
Women's Rights
On June 15, 2022, Senator Elizabeth Warren introduced a bill, cosponsored by a host of other Democratic and independent Senators, the “Health and Location Data Protection Act of 2022,” which, subject to a few exceptions,...more
On December 9, 2020, the Wall Street Journal reported that Apple and Google will block the data broker X-Mode Social Inc. (“X-Mode”) from collecting location data from iPhone and Android users. Apple and Google have...more
12/11/2020
/ Apple ,
Carpenter v US ,
Cell Phones ,
Cell Site Location Information (CSLI) ,
Data Brokers ,
Data Collection ,
Data-Sharing ,
Federal Trade Commission (FTC) ,
Geolocation ,
Google ,
Location Data
New York has enacted a new law, effective February 9, 2021, regulating automatic renewal and some “free trial” type agreements. While some organizations may have already taken steps to be in compliance with industry...more
12/8/2020
/ Auto-Renewal ,
Automatic Renewals ,
Clickwrap Agreements ,
Consent ,
Consumer Contracts ,
Consumer Protection Laws ,
Digital Services ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Notice Requirements ,
NYDFS ,
ROSCA ,
State Attorneys General ,
Subscription Services ,
Transparency
UPDATE: On the afternoon of May 28, 2020, the President signed the executive order concerning CDA Section 230. A copy/link to the order has not yet been posted on the White House’s website.
According to news reports,...more
Teami, LLC (“Teami”), a marketer of teas and skincare products, agreed to settle FTC charges alleging that its retained social media influencers did not sufficiently disclose that they were being paid to promote Teami’s...more
t is that time of year when we look back to see what tech-law issues took up most of our time this year and look ahead to see what the emerging issues are for 2020.
Data: The Issues of the Year -
Data presented a wide...more
12/24/2019
/ 5G Network ,
Artificial Intelligence ,
Big Data ,
Blockchain ,
California Consumer Privacy Act (CCPA) ,
CFIUS ,
Communications Decency Act ,
Consumer Privacy Rights ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Security ,
Deep Fake ,
Distributed Ledger Technology (DLT) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Machine Learning ,
Popular ,
Privacy Laws ,
Social Media ,
Technology Sector
With the online shopping season in full swing, the FTC decided that online retailers might benefit from a reminder as to the dos and don’ts for social media influencers. Thus, the FTC released a new guide, “Disclosures 101...more
12/5/2019
/ Disclosure Requirements ,
E-Commerce ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
New Guidance ,
Online Advertisements ,
Online Endorsements ,
Popular ,
Social Media ,
Websites
This week, the FTC entered into a proposed settlement with Unrollme Inc. (“Unrollme”), a free personal email management service that offers to assist consumers in managing the flood of subscription emails in their inboxes....more
8/12/2019
/ California Consumer Privacy Act (CCPA) ,
Data Collection ,
Data Mining ,
Data Privacy ,
Email ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Market Research ,
Prior Express Consent ,
Privacy Concerns ,
Privacy Policy ,
Unfair or Deceptive Trade Practices
Senators Brian Schatz (D) and Roy Blunt (R) recently introduced S.847, the “Commercial Facial Recognition Privacy Act of 2019,” a bill that would, subject to certain important exceptions, generally prohibit the commercial use...more
3/26/2019
/ Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
Covered Entities ,
Data Collection ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
FTC Act ,
IL Supreme Court ,
Personal Data ,
Personally Identifiable Information ,
Proposed Legislation
This post discusses some of the contractual requirements imposed by Apple and Google regarding the collection and sharing of locational information. What consents, if any, do Apple and Google require that app publishers...more
12/19/2018
/ California Consumer Privacy Act (CCPA) ,
Consumer Information ,
Data Collection ,
Data Protection ,
Data-Sharing ,
Federal Trade Commission (FTC) ,
Geolocation ,
Location Data ,
Location Privacy ,
Mobile Apps ,
Mobile Devices ,
Privacy Concerns ,
Third-Party Service Provider
In a blog post last month, Google announced that it would extend certain commitments it made to the FTC in 2012 that were set to expire relating to, among other things, the scraping of third-party content for use on certain...more
The big data revolution is quietly chugging along: devices, sensors, websites and networks are collecting and producing significant amounts of data, the cost of data storage continues to plummet, public and private sector...more
Digital media marketers are aggressively increasing the use of so-called sponsored content, or native advertising to reach new customers. Particularly with the growing use of ad blockers on web and mobile browsers, marketers...more
This week, a major self-regulatory initiative intended to address privacy concerns associated with facial recognition technology hit a significant stumbling block. Nine consumer advocacy groups withdrew from the National...more
6/24/2015
/ Biometric Information ,
Clickwrap Agreements ,
Corporate Counsel ,
Facebook ,
Facial Recognition Technology ,
Fair Use ,
Federal Trade Commission (FTC) ,
Informed Consent ,
NTIA ,
Opt-Outs ,
Popular ,
Prior Express Consent ,
Privacy Concerns ,
Privacy Disclosures ,
Privacy Policy ,
Putative Class Actions ,
Self-Regulatory Organizations ,
Social Media ,
Transparency ,
Young Lawyers