On July 10, 2015, the Federal Communications Commission (FCC) released a 140-page Omnibus Declaratory Ruling and Order in response to more than two dozen petitions from businesses, attorneys general, and consumers seeking...more
7/20/2015
/ Auto-Dialed Calls ,
Call Blocking ,
Common Carriers ,
Declaratory Rulings ,
Exemptions ,
FCC ,
Opt-Outs ,
Prior Express Consent ,
Revocation ,
Robocalling ,
Smartphones ,
TCPA ,
Telemarketing ,
Text Messages ,
VoIP ,
Wireless Devices ,
Wireless Industry
As more users spend more time on their mobile devices, advertising dollars are following. And the compliance regime that governs interest-based advertising (IBA) (formerly referred to as online behavioral advertising or OBA)...more
The Telephone Consumer Protection Act (TCPA), which generally prohibits certain calls to cell phones made with an Automatic Telephone Dialing System (ATDS), has created considerable compliance challenges for businesses, and...more
In law school, everybody learns the adage that hard cases make bad law. When it comes to the Federal Trade Commission, a better aphorism might be, “easy cases make new law.” The FTC’s recent settlement with Nomi Technologies...more
In law school, everybody learns the adage that hard cases make bad law. When it comes to the Federal Trade Commission, a better aphorism might be, “easy cases make new law.” The FTC’s recent settlement with Nomi Technologies...more
In This Issue:
- Court Protects Anonymity of Yelp Users
- FTC Issues Landmark Report on Internet of Things
- Who Will Update My Status When I’m Dead?: The Biggest Social Media Platforms’ Policies on...more
5/15/2015
/ Anonymity ,
Copyright ,
Digital Assets ,
DMCA ,
Federal Trade Commission (FTC) ,
Internet of Things ,
Mobile Devices ,
Online Reviews ,
Social Media ,
Social Networks ,
Terms and Conditions ,
Web Scraping ,
Web Tracking ,
Yelp
As consumers increasingly connect to the Internet using multiple devices—such as mobile phones, tablets, computers, TVs and wearable devices—advertising technology companies have rapidly developed capabilities to reach the...more
President Obama continued his push for privacy legislation by recently unveiling a draft Consumer Privacy Bill of Rights Act (“Draft Bill”). To move forward, the Draft Bill must be sponsored by a member of Congress and is...more
In This Issue:
- Good Rep: Social Media Assets in M&A Transactions
- Narrow Vision: Did Anti-Glass Hysteria Contribute to the Demise of Google Glass?
- Forced to Cyber-Spy: Court Rules Parents Can Be Held...more
2/6/2015
/ Business Assets ,
Cloud Computing ,
Contract Negotiations ,
Facebook ,
Federal Trade Commission (FTC) ,
Google ,
Google Glass ,
Intangible Property ,
Minors ,
Social Media ,
Social Networks
In This Issue:
- What’s in a Like?
- R.I.P.: The Facebook “Like” Gate
- Facebook Dislikes Fake Likes
- Privacy in the Cloud: A Legal Framework for Moving Personal Data to the Cloud
- Click...more
12/17/2014
/ Advertising ,
Clickwrap Agreements ,
Cloud Computing ,
COPPA ,
Counterfeiting ,
Data Protection ,
EU ,
Facebook ,
Infringement ,
Internet ,
Mobile Apps ,
Social Media ,
Terms of Use ,
UK ,
Websites
The Federal Trade Commission (“FTC”) has once again made good on its promise to enforce against deceptive advertising under Section 5 of the FTC Act, regardless of the media in which the advertising appears: its recently...more
Last year, California made child-related revisions to its Online Privacy Protection Act that have ramifications even for websites and other online services that are not directed to children. The revision, “Privacy Rights for...more
In This Issue:
- European Court of Justice Strengthens the Right to Be Forgotten
- California AG Offers Best Practices for Do Not Track Disclosures; Crucial Compliance Questions Left Unanswered
- Snap...more
7/11/2014
/ Data Protection ,
Do Not Track ,
EU ,
European Court of Justice (ECJ) ,
Federal Trade Commission (FTC) ,
Internet ,
Personally Identifiable Information ,
Privacy Policy ,
Right to Be Forgotten ,
Snapchat ,
Social Media
California Attorney General Kamala Harris released a long-awaited report entitled Making Your Privacy Practices Public (Report) on May 21, 2014. The Report recommends “best practices” for compliance with the California Online...more
In This Issue:
- Jerked Around? Did the FTC’s “Jerk.com” Complaint Just Turn API Terms Into Federal Law?
- Which Way Is Aereo Pointing? The Supreme Court Hears Arguments in Public Performance Copyright Case
- The...more
5/22/2014
/ Aereo ,
APIs ,
Copyright ,
Federal Trade Commission (FTC) ,
Internet ,
Internet of Things ,
Internet Service Providers (ISPs) ,
Internet Streaming ,
Investment Adviser ,
Jerk ,
Public Performance Rights ,
SCOTUS ,
Social Media ,
VPPA
In a much anticipated decision in the class action In re Hulu Privacy Litigation, U.S. Magistrate Judge Laurel Beeler of the U.S. District Court for the Northern District of California has shed new light on the meaning of...more
In This Issue:
FFIEC Issues Final Guidance on Social Media Usage by Financial Institutions; Uncovering a Line in the Sand: Employee Social Media Use and the NLRA; Website Operators Await Final Guidance Regarding...more
Even with the publication of draft “best practices” by the California Attorney General (AG), website operators remain uncertain as to their obligations under the new do-not-track disclosure requirements of the state’s Online...more
In This Issue:
From Flying Robots to Logistics Bliss: A Case Study; FCC’s New TCPA Rule; and Consumer Rights Set to Change in Europe.
Excerpt from From Flying Robots to Logistics Bliss: A Case Study -
The...more
10/2/2013
/ Consumer Rights Directive ,
EU ,
FCC ,
Internet Retailers ,
Retailers ,
Robocalling ,
TCPA ,
Telemarketing ,
Texting ,
Warehouses ,
Websites
Right on the heels of game-changing revisions to the federal rule implementing the Children’s Online Privacy Protection Act, and almost immediately following another change to the California Online Privacy Protection Act...more
California’s AB 370, if signed by Gov. Jerry Brown, would be the first piece of legislation in the world directly addressing “do not track” (“DNT”) to become law. It has passed both houses of the California Legislature and...more
9/4/2013
/ Breach Notification Rule ,
CalOPPA ,
Cybersecurity ,
Data Protection ,
Disclosure Requirements ,
Do Not Track ,
Jerry Brown ,
New Legislation ,
Privacy Laws ,
Privacy Policy ,
Warrantless Tracking
Last week, the staff of the Federal Trade Commission (“FTC”) issued crucial reading for operators of websites, apps, plug-ins, ad networks and other online services (together, “Services”) that are subject to its recently...more
On March 12, 2013, the Federal Trade Commission (“FTC”) issued an update to its “Dot Com Disclosures” guide to advertisers on making effective online disclosures. In doing so, the FTC has driven home the points that:
•...more
Editor’s Note -
This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or...more
3/13/2013
/ Arbitration ,
Barack Obama ,
China ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Reports ,
Cybersecurity ,
Data Protection ,
Debt Collection ,
Dodd-Frank ,
Dukes v Wal-Mart ,
Fair Housing Act (FHA) ,
FDCPA ,
FDIA ,
FDIC ,
Federal Reserve ,
Federal Trade Commission (FTC) ,
Foreclosure ,
Mobile Apps ,
Recess Appointments ,
Richard Cordray ,
Social Media ,
Telemarketing
In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we explore the challenges that arise when employers and employees battle over work-related social media accounts; we...more
2/1/2013
/ Browser History Sniffing ,
Communications Decency Act ,
Copyright ,
Data Collection ,
Facebook ,
FCC ,
Federal Trade Commission (FTC) ,
Online Privacy Protection Act ,
Passwords ,
Privacy Policy ,
Social Media ,
Social Media Policy ,
TCPA ,
Texting ,
Twitter