Late last week, the FTC released a notice seeking comment on a proposed rule that could create potential liability for generative AI developers. Specifically, the agency is requesting comments on a new rule that would...more
Swiftly on the heels of the U.S. announcing it fulfilled its commitments for implementing the EU-U.S. Data Privacy Framework (the Framework), the European Commission (the EC) formally recognized that commercial organizations...more
7/14/2023
/ Court of Justice of the European Union (CJEU) ,
Data Security ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
Enforcement ,
EU Data Protection Laws ,
European Commission ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Liability ,
Notice Requirements ,
ODNI ,
Personal Data ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
US-EU Safe Harbor Framework
On May 18, 2023, the Federal Trade Commission (FTC) issued a policy statement warning that the proliferation of technologies that use or claim to use biometric information may bring risks with regard to consumer privacy and...more
6/2/2023
/ Biometric Information ,
Data Collection ,
Data Security ,
Deep Fake ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Fingerprints ,
FTC Act ,
Innovative Technology ,
Section 5 ,
Unfair or Deceptive Trade Practices
Regulators, both in the United States and around the globe, are showing greater concern about the potential risks of using generative artificial intelligence (AI) systems for commercial and business purposes. The Federal...more
On August 29, 2022, the Federal Trade Commission (FTC) announced it had filed a complaint in Idaho federal district court against Kochava Inc., a data broker, seeking injunctive relief on account of alleged violations of...more
The Federal Trade Commission has formally launched a rulemaking proceeding that nominally is focused on consumer privacy issues, but actually raises significant questions about the impact of artificial intelligence/machine...more
The Federal Trade Commission (FTC) may have just taken its first steps towards the creation of generally applicable federal privacy and security rules. On Aug. 11, 2022, the FTC published an advance notice of proposed...more
Algorithmic disgorgement is back in the spotlight at the FTC, this time in connection with a recently announced settlement with WW International, Inc., formerly known as Weight Watchers (WW), and a subsidiary called Kurbo,...more
Two recent Federal Trade Commission (FTC) enforcement actions reflect increased scrutiny of companies using algorithms, automated processes, and/or AI-enabled applications. In January 2021, the agency announced it had settled...more
On December 14, 2017, the Commission voted 3-2 as expected along party lines to adopt the Internet Freedom Order that had been circulated as a draft on November 22, 2017. When effective, the new order will reverse the...more
On December 14, 2017, the Commission voted 3-2 as expected along party lines to adopt the Internet Freedom Order that had been circulated as a draft on November 22, 2017. When effective, the new order will reverse the...more
The wheel that is U.S. policy on “net neutrality” has taken another turn with the release of the FCC’s draft Internet Freedom Order, which, when effective, will reverse the Commission’s 2015 Open Internet Order (the “Title II...more
It has been widely reported that VIZIO, Inc., a large television manufacturer, settled a Complaint brought by the FTC and the Attorney General of New Jersey for $2.2 million for alleged unfair and deceptive acts and practices...more
On Nov. 2, 2016, the FCC released its long-awaited broadband privacy Order and rules by a 3-2 vote. The Order comes nearly 18 months after the Commission moved to reclassify broadband internet access service (“BIAS”) as a...more
11/11/2016
/ Breach Notification Rule ,
Broadband ,
Communications Act of 1934 ,
Customer Proprietary Network Information (CPNI) ,
Data Breach ,
Data Security ,
FCC ,
Federal Trade Commission (FTC) ,
Internet Service Providers (ISPs) ,
Personally Identifiable Information ,
Preemption ,
Section 222 ,
Telecommunications
In a decision that could significantly impact the scope of the Federal Trade Commission’s consumer protection authority under Section 5 of the FTC Act, the U.S. Court of Appeals for the Ninth Circuit ruled on August 29, 2016,...more
On May 10, the Federal Trade Commission (FTC) announced it had approved an order with General Workings, Inc., d/b/a “Vulcun,” settling charges that the company violated the Federal Trade Commission Act (FTC Act) when it...more
On April 29, 2016, the U.S. Court of Appeals for the First Circuit handed down its widely anticipated opinion in Yershov v. Gannett Satellite Information Network, Inc., in which it expanded the reach of the Video Privacy...more
5/13/2016
/ Actual Damages ,
Amended Legislation ,
Class Action ,
Federal Trade Commission (FTC) ,
GPS ,
Mobile Apps ,
Persistent Identifiers ,
Personal Data ,
Personally Identifiable Information ,
Subscribers ,
Video Privacy Protection Act
As we have previously advised, the FCC’s proposed rulemaking to “protect the privacy of customers of broadband and other telecommunications services” (the “NPRM”) proposes sweeping changes to the ways that Internet Service...more
4/27/2016
/ Broadband ,
Cable Operators ,
Communications Act of 1934 ,
Customer Proprietary Network Information (CPNI) ,
Data Security ,
FCC ,
Federal Trade Commission (FTC) ,
Internet Service Providers (ISPs) ,
NPRM ,
Personally Identifiable Information ,
Section 222 ,
Telecommunications
In the first ruling rebuking the Federal Trade Commission’s cybersecurity enforcement efforts, the FTC’s head administrative law judge dismissed the FTC’s complaint against LabMD, Inc., on November 13, stating that...more
As a privacy litigator, I could not help but observe an apparent contradiction in the way the Third Circuit allowed the FTC to pursue Wyndham Hotels for cybersecurity breaches under the FTC Act, but Judge Berman (SDNY)...more
9/11/2015
/ Cyber Attacks ,
Cyber Crimes ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Deflategate ,
Enforcement Actions ,
Federal Arbitration Act ,
Federal Trade Commission (FTC) ,
FTC v Wyndham ,
Hackers ,
New England Patriots ,
NFL ,
Tom Brady ,
Work Suspensions ,
Wyndham
On January 12 President Obama visited the Federal Trade Commission (“FTC”) where he unveiled several new data security and privacy initiatives, including proposed legislation to create a national data breach notification law...more