News & Analysis as of

Federal Trade Commission (FTC) Data Privacy Enforcement

Perkins Coie

What to Expect from the FTC in Youth Privacy and Online Safety

Perkins Coie on

Roughly six months since Andrew Ferguson became Chairman of the Federal Trade Commission, an FTC workshop on children’s privacy and online safety has provided a glimpse into the agency’s approach to these issues....more

Perkins Coie

Another Take on the TAKE IT DOWN Act

Perkins Coie on

The TAKE IT DOWN Act (the Act), enacted on May 19, 2025, is a powerful (and controversial) new tool designed to stop people from sharing “nonconsensual intimate imagery,” or NCII, online. The Act does two main things: it...more

King & Spalding

The Global Content Regulation Landscape – Developments in the EU, UK, U.S., and Beyond

King & Spalding on

Global digital platforms face an increasingly complex and fragmented content regulation landscape. Governments worldwide are imposing overlapping and sometimes conflicting rules for monitoring, managing, or restricting online...more

Fox Rothschild LLP

How Will the FTC Approach AI Under the Trump Administration?

Fox Rothschild LLP on

Federal Trade Commission Commissioner Melissa Holyoak spoke last week at a conference in Miami about “a new season at the FTC.” What can we learn from Holyoak’s comments about the FTC’s plans for AI regulation and free...more

WilmerHale

New Congress Expected to Zoom to Private Sector Investigations

WilmerHale on

Perhaps no use case better exemplifies the rapidly evolving privacy law landscape in the US than the legal framework surrounding companies’ use of cookies, pixels, and other web trackers. The 119th Congress brings new...more

Benesch

Mixed Messages: The Salt Typhoon Encryption Debacle

Benesch on

While the balance of security, privacy, and public safety has always been a concern, recent cyberattacks have highlighted conflicting guidance by United States government officials, creating potential pitfalls for businesses....more

King & Spalding

The Trifecta: What to Expect from a Second Trump Administration and a Republican Congress

King & Spalding on

Republicans have swept the 2024 elections, returning Donald Trump to the White House as the 47th President and flipping the Senate to a Republican majority. Having narrowly maintained control of the House of Representatives,...more

Mintz - Privacy & Cybersecurity Viewpoints

California Privacy Protection Agency Reminds Us that “Dark Patterns” Are Illegal

Dark Patterns come into focus as the California Privacy Protection Agency (CPPA) issues September 4 Enforcement Advisory. Recently, I attempted to cancel a digital subscription. While I expected the cancellation function...more

BakerHostetler

Data Security, Commercial Email and Employee Reviews Walk into a Bar...

BakerHostetler on

Sorry folks, there is no punchline here, but there are bottom lines from a settlement the Federal Trade Commission (FTC) announced last week. We discuss three today: (1) the FTC continues to mount broad investigations and...more

McDermott Will & Emery

A Federal Privacy Law or a False Hope? Making Sense of the American Privacy Rights Act of 2024 Draft

McDermott Will & Emery on

On April 7, 2024, Rep. Cathy McMorris Rodgers (R-WA), the chair of the US House Committee on Energy and Commerce, and Sen. Maria Cantwell (D-WA), the chair of the US Senate Committee on Commerce, Science, and Transportation,...more

Paul Hastings LLP

Latest Draft Comprehensive Data Privacy Legislation is Released

Paul Hastings LLP on

Two key members of Congress unveiled the latest iteration of a proposed nationwide comprehensive privacy and data protection bill this past week. House Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) and Senate...more

Farella Braun + Martel LLP

Bipartisan Congressional Leaders Introduce Federal Data Privacy Bill

Senator Maria Cantwell (D-Washington) and Representative Cathy McMorris Rodgers (R-Washington) have presented a draft of a federal data privacy law, the American Privacy Rights Act (APRA).  APRA would largely preempt the...more

Fox Rothschild LLP

Comprehensive Federal Privacy Bill May Open Backdoor for HIPAA Private Right of Action

Fox Rothschild LLP on

The American Privacy Rights Act of 2024 (APRA), a bipartisan and “historic” comprehensive data privacy bill unveiled April 8, 2024, would preempt state data privacy laws and be enforced by the Federal Trade Commission,...more

Schwabe, Williamson & Wyatt PC

Highlights from this week’s IAPP Global Privacy Summit

Since 2011, I’ve attended the International Association of Privacy Professionals’ Global Privacy Summit in Washington, D.C. Each year one session gets everyone talking; this year the honor went to “Direct Insights from U.S....more

ArentFox Schiff

Top 10 Legal Issues for 2024 For the Consumer Products Industry

ArentFox Schiff on

On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old...more

Jackson Lewis P.C.

Top 10 for 2024 – Happy Data Privacy Day!

Jackson Lewis P.C. on

To celebrate Data Privacy Day (January 28), we present our top ten data privacy and cybersecurity predictions for 2024. 1. AI regulations to protect data privacy. Automated decision-making tools, smart cameras, wearables,...more

Mintz - Privacy & Cybersecurity Viewpoints

FCC Partners With States to Increase on Privacy and Data Protection Investigations, Signaling Increased Focus on Future...

The Federal Communications Commission (“FCC”) announced Thursday that in furtherance of the work of the agency’s Privacy and Data Protection Task Force, the FCC’s Enforcement Bureau signed Memoranda of Understanding (“MOU”)...more

Wiley Rein LLP

FCC Expands Privacy and Data Protection Work with States to Increase Investigations

Wiley Rein LLP on

Federal Communications Commission (FCC or Commission) Chairwoman Jessica Rosenworcel issued a Press Release yesterday announcing that the agency’s Privacy and Data Protection Task Force (Task Force) signed Memoranda of...more

Foley & Lardner LLP

“Keeping Trade Practices on Your Radar”: Examining the Increased Federal & State Use of Unfair and Deceptive Trade Practices Laws...

Foley & Lardner LLP on

State Attorney Generals (“State AGs”) and the federal government are capturing headlines for increasingly suing large corporations for unfair and deceptive trade practices. In some cases, these actions are tackling...more

ArentFox Schiff

Leaked FTC Civil Investigative Demand to OpenAI Provides a Rare Preliminary View of the Future of AI Enforcement

ArentFox Schiff on

On July 13, 2023, The Washington Post broke the news that the Federal Trade Commission (FTC) had issued a Civil Investigative Demand (CID) — a sort of a pre-litigation subpoena as part of what is supposed to be a nonpublic...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Regulating AI: An Overview of Federal Efforts

This first part of a two-part series on U.S. regulation of artificial intelligence systems provides an overview and modern context for the existing regulatory, legal and risk management landscape for AI systems in the U.S.,...more

Guidepost Solutions LLC

New EU-U.S. Data Privacy Framework Legalizes Personal Data Transfers from the EU to US

On July 10, 2023, the European Commission announced that it had adopted its adequacy decision for the EU-U.S. Data Privacy Framework (EU-U.S. DPF). This long-awaited decision means that for the first time since the EU-U.S...more

Pillsbury Winthrop Shaw Pittman LLP

The EU-U.S. “Data Privacy Framework”: A New Solution for the Free Flow of Personal Data

U.S. companies can now self-certify to permit personal data to freely flow from the Europe to the United States. U.S. organizations can now self-certify their compliance with the EU-U.S. Data Privacy Framework (DPF) to...more

Faegre Drinker Biddle & Reath LLP

Cybersecurity Enforcement Update: New York Department of Financial Services Announces Amended Cybersecurity Regulations and Latest...

Recent enforcement actions and announcements show that state and federal regulators are continuing to focus intensely on cybersecurity and data protection. Notably, the New York Department of Financial Services (“NYDFS”)...more

ArentFox Schiff

Generative Artificial Intelligence, Automated User Interfaces, and the New Laws of Dark Patterns

ArentFox Schiff on

Companies around the world are rushing to integrate generative artificial intelligence (GenAI) into their user interfaces to automate and deliver tailored website and application interfaces, customer service interactions, and...more

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