The issue of cybersecurity has been on FDA’s radar in the last year, due in part to a Government Accountability Office report issued last August that urged FDA to consider the risk of intentional threats to device information security. Although the GAO report noted that FDA was not aware of any actual incident of device… Continue Reading
Category Archives: Privacy & Data Security
Subscribe to Privacy & Data Security RSS FeedFCC Confirms That Sellers Can Be Liable for Telemarketer TCPA Violations
Posted in Privacy & Data Security, TelecommunicationsA seller who authorizes a third-party telemarketer to market the seller’s goods or services may be held vicariously liable if the telemarketer violates the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission held in a May 9 declaratory ruling. The FCC’s ruling interprets two subsections of the TCPA. The first subsection — 47 U.S.C…. Continue Reading
BYOD’s Rapid Growth Presents New Legal Challenges
Posted in Privacy & Data Security, TelecommunicationsCompanies are increasingly allowing employees to access work email and apps on their personal devices, according to a new Gartner survey of chief information officers. But employers confront many tough policy and legal questions when they adopt Bring Your Own Device (“BYOD”) programs. Thirty-eight percent of the CIOs said that their organizations will stop providing… Continue Reading
First Amendment Does Not Protect Hackers’ Identities, NJ Court Holds
Posted in Privacy & Data SecurityThe First Amendment does not protect the identities of computer hackers, a New Jersey appellate court held this month. Warren Hospital alleges that two anonymous individuals hacked into its web and email servers and sent inappropriate and defamatory messages to all hospital employees. The hospital and some employees filed a civil action against the John… Continue Reading
Michigan Court Rejects First Amendment Balancing Test for Online Anonymous Speech
Posted in Privacy & Data SecurityA Michigan appellate court ruled last week that state discovery rules provide adequate safeguards for anonymous online speech. The opinion is a significant deviation from the rulings of other state courts, which have applied a First Amendment balancing test to determine whether to grant discovery requests for the identities of anonymous online speakers. Thomas M…. Continue Reading
Survey: Foreign Companies Fear Data, IP Theft in China
Posted in Cloud Computing, Intellectual Property, Privacy & Data SecurityOn March 29, the American Chamber of Commerce in China (“AmCham China”) released its 15th annual Business Climate Survey. This year, AmCham China polled 325 of its members, most of which are U.S. companies operating in China. According to AmCham China’s Chairman, this year’s results reflect “expectations for growth” tempered with “a more conservative business… Continue Reading
Proposed Florida Law Would Require Warrants for Cellphone Searches
Posted in Intellectual Property, Privacy & Data Security, Social MediaFlorida lawmakers have proposed that the government be required to obtain a warrant before searching the contents of “portable electronic devices” or tracking their locations. The bill, S.B. 846, was introduced by State Representative Jeff Brandes and would go into effect on July 1, 2013. The proposed Florida law would apply to “portable electronic devices,”… Continue Reading
President Obama Issues Cybersecurity Executive Order
Posted in Privacy & Data Security, UncategorizedIn his State of the Union message on Tuesday, President Obama announced that he had signed an Executive Order addressing the cybersecurity of critical infrastructure. President Obama emphasized that in the face of threats to corporate secrets, the power grid, and financial institutions, among others, “We cannot look back years from now and wonder why… Continue Reading
FTC Settles Deception, COPPA Charges Against Social Networking App Path
Posted in Privacy & Data Security, Social MediaPath, a social networking mobile app, has agreed to enter into a settlement with the Federal Trade Commission (“FTC”) regarding charges that the company deceived consumers by collecting contact information from users’ mobile address books without notice and consent. The agreement also resolves charges that the company violated the Children’s Online Privacy Protection Act (“COPPA”)… Continue Reading
China and U.S. Make Technology-Related Commitments at 23rd JCCT
Posted in Intellectual Property, Privacy & Data Security, TelecommunicationsLast month, senior officials from the U.S. and China conducted the 23rd U.S.-China Joint Commission on Commerce and Trade (JCCT) in Washington, D.C. The JCCT was founded in 1983 as a forum for high-level dialogue on bilateral trade issues. This year’s JCCT resulted in several technology-related commitments from both China and the U.S. China’s technology-related… Continue Reading
FCC Provides Consumer Tips On Mobile Privacy And Security
Posted in Privacy & Data Security, Spectrum & Mobile, UncategorizedThe Federal Communications Commission yesterday released a Smartphone Security Checker, a tool designed to help consumers secure their smartphones against mobile security threats. The tool provides consumers with tips that are customized for four different mobile operating systems. Many of tips focus on security-related topics. For instance, the tool recommends that consumers set a password… Continue Reading
China Moves to Further Regulate Smartphones
Posted in Privacy & Data Security, Spectrum & MobileChina appears to be moving forward with plans to further regulate smartphones. The Ministry of Industry and Information Technology recently filed a notification with the WTO’s Committee on Technical Barriers to Trade of draft regulations governing applications that are pre-loaded on to smartphones. The regulations were initially released for comment on June 1, and attracted… Continue Reading
ICO Issues £440,000 Fine to Telecoms Company for Illegal Direct Marketing
Posted in Privacy & Data SecurityBy Bonnie Drury and Ezra Steinhardt On 28 November 2012, following an 18-month investigation, the UK Information Commissioner’s Office (ICO) announced that it had fined the joint owners of Tetrus Telecoms (Tetrus) a total of £440,000 under the Privacy and Electronic Communications Regulations (PECR). The fine penalized Tetrus for sending millions of unsolicited text messages… Continue Reading
FCC Sets Comment Cycles for Additional Petitions Seeking to Clarify TCPA Provisions
Posted in Privacy & Data Security, TelecommunicationsIn follow up to our previous blog entry on the subject, comment deadlines were set for additional petitions seeking to clarify TCPA provisions and related FCC rules. Comments on these Petitions are due on November 23, 2012, and reply comments are due on December 10, 2012. The Westfax Petition asks the FCC to clarify whether… Continue Reading
Telemarketing Recap: Recent Key Developments at the FCC, FTC and in the Courts
Posted in Privacy & Data Security, Spectrum & Mobile, TelecommunicationsA number of key developments affecting telemarketing emerged over the past week: 1. The distinction between informational and telemarketing calls was further defined. The 9th Circuit held that calls intended to impart information about a customer rewards program could be construed as “dual purpose” calls subject to federal and state telemarketing restrictions. See Chesbro v…. Continue Reading
FTC Publishes Guide For App Developers on Advertising and Privacy Issues
Posted in Privacy & Data Security, Spectrum & MobileLast week, the Federal Trade Commission (“FTC”) published a short guide for mobile app developers and entrepreneurs with suggestions on how to comply with basic truth-in-advertising and privacy principles. The guide is entitled “Marketing Your Mobile App: Get It Right From the Start” and includes many useful tips. For advertising, the FTC advises that app… Continue Reading
FTC Proposes Additional Revisions to COPPA Rule
Posted in Privacy & Data SecurityBy Lindsey Tonsager and Shel Abramson Earlier this morning, the FTC proposed additional revisions to the rule implementing the Children’s Online Privacy Protection Act (“COPPA”). COPPA governs the online collection, use, and disclosure of children’s personal information by (1) operators of websites and online services that are directed to children under the age of 13… Continue Reading