Web Conference: What Will the FCC’s New Rules Mean for Your Business?

(Apr 17, 2015) The Federal Communications Commission (FCC) has recently been busy with several data privacy enforcement actions, and with a new net neutrality order bringing in a whole new swath of services under the FCC’s Title II jurisdiction, the agency is set to get even busier. To explore the many implications of these developments, the IAPP will host the web conference, “The FCC’s New Rules for Online Providers—What They Mean for Your Business.” The program will be moderated by Hogan Lovells Partne... Read More

SCOTUS Decision Could Have Huge Implications for Class-Actions

(Apr 17, 2015) The Supreme Court of the U.S. (SCOTUS) is set to consider whether businesses can be held liable in civil cases for violating federal statutes when no one is harmed, potentially “opening the floodgates” for future civil litigation. Article III of the Constitution mandates that plaintiffs in federal court claim harm in order to sue, but modern financial regulation and privacy issues have challenged this principle. In Spokeo v Robins, the plaintiff claims Spokeo posted untrue information about him.... Read More

Venture Capital Firm Launching Policy Compliance Division

(Apr 17, 2015) Andreessen Horowitz, a well-known venture capital firm, has hired former Facebook General Counsel Ted Ullyot to help launch a new policy division to help the firm’s portfolio companies navigate state and federal regulations when launching new services, Re/code reports. “As I look around the landscape today, you have many companies today in a similar position to where Facebook was in the early days,” Ullyot said. He added that he will advise companies that are facing regulatory or political hurdl... Read More

Lawmakers, Industry Groups Worry Breach Bill Could Stymy Cyber Bills

(Apr 17, 2015) Several Democrats and industry groups say they are concerned a number of “broadly supported” cybersecurity bills could be threatened by a partisan data breach notification bill, The Hill reports. Rep. Adam Schiff (D-CA) said, “I would be concerned if the measures tied together in a way that slowed down the progress of cyber.” Next week, Congress is expected to take up a number of cybersecurity bills, including two in the House and one in the Senate. According to The Christian Science Monitor, a ... Read More

Will EU’s Next Antitrust Battle Be Data Mining?

(Apr 17, 2015) The Wall Street Journal reports the next battle between the EU and U.S. tech firms could involve how companies mine personal information. According to the report, certain companies may have developed such advanced dossiers of consumers for ad targeting that rivals would not be able to compete. However, an antitrust lawyer representing Google said, “Big data are ubiquitous, widely available and of fleeting value.” Last year, former European Data Protection Supervisor Peter Hustinx said, “In the d... Read More

SEC Admits It Doesn’t Use Powers Derived from ECPA

(Apr 17, 2015) In what stunned many privacy advocates and lawmakers, Nextgov reports, Securities and Exchange Commission (SEC) Chairwoman Mary Jo White said the agency has not recently used subpoenas to obtain U.S. citizens’ emails from Internet service providers (ISPs). “We’ve not, to date, to my knowledge, proceeded to subpoena the ISPs,” she said. “But that is something that we think is a critical authority to be able to maintain, done in the right way and with sufficient solicitousness.” Rep. Kevin Yoder (... Read More

FTC Announces New Workshop on Sharing Economy

(Apr 17, 2015) The Federal Trade Commission (FTC) has announced it will host a new workshop to examine competition, consumer protection and economic issues related to the sharing economy. Peer-to-peer platforms, such as Airbnb and Uber, are part of a new spate of business models in industries subject to regulation. “We are seeing a dramatic growth in products and services that are built on peer-to-peer platforms, such as ride-sharing and property rentals, as more entrepreneurs harness the power of technology t... Read More

After Boston Marathon Bombing, Privacy Concerns Loom

(Apr 17, 2015) Nearly two years since the Boston Marathon bombings, NPR reports on surveillance cameras placed around the city to protect against new attacks. The high-definition cameras are linked to a company network, and live feeds are viewed remotely by police. The zoom on the cameras is so powerful it could likely decipher whether a Red Sox pitcher threw a ball or strike in Fenway Park. The American Civil Liberties Union’s Kade Crockford said big events do not “trigger privacy concerns,” but day-to-day ca... Read More

Breach Notification Bill Moves Forward; Not All Are Pleased

(Apr 16, 2015) The House Energy and Commerce Committee on Wednesday passed the Data Security and Notification Act, which would create a national standard for breach notification preempting current state laws and altering federal regulatory authority. The bill passed along partisan lines, with Democrats and many privacy advocates concerned that the bill would weaken protections for consumers. Jedidiah Bracy, CIPP/E, CIPP/US, writes for Privacy Tracker about the bill, including reactions from Laura Moy of New Am... Read More

Ohlhausen: Stay Away from Antitrust for Privacy

(Apr 16, 2015) Federal Trade Commissioner Maureen Ohlhausen warned an audience at the American Bar Association’s spring meeting that competition law, in general, should not be used to address privacy concerns during a merger review, reports Law360. Antitrust is a “convoluted” solution to privacy problems at best, Ohlhausen said, encouraging antitrust enforcers to “continue to resist calls to consider concerns about privacy policies or movements of consumer data during merger probes unless the issue falls withi... Read More