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Legal Niches

The Privacy and Security Law Blog

Daily analysis of data security and privacy issues.

Post Frequency: 0.8/day

Last Entry: December 17, 2010 at 12:27:00

Commerce Releases Privacy Report; Recommends Industry Self-Regulation and Creation of Privacy Policy Office

Posted on December 17, 2010
By Paul Glist On December 16, 2010, the Commerce Department released its own Privacy Report, suggesting a 'revitalized' privacy framework that can protect consumer privacy, dynamic businesses and innovation, and promote better global data flow, Commercial Data Privacy and Innovation in the Internet Economy: A Dynamic Policy Framework...

FTC Releases Privacy Report; Outlines New Framework for Privacy Protections and Do Not Track

Posted on December 02, 2010
By Paul Glist The Federal Trade Commission has released its long awaited Privacy Report. The Report proposes a "normative framework" for new privacy protections that would cover the use of personal and profiling information across all industries, on and offline, and recommends a "do not track" law to limit online behavioral advertising...

City Of Ontario v. Quon: United States Supreme Court Rejects Police Officer's Lawsuit Claiming That City's Review Of His Personal Text Messages Was An Illegal Search

Posted on June 18, 2010
By Kelli Sager, Jeffrey Fisher, Rochelle Wilcox, and John (Rory) Eastburg The United States Supreme Court has ruled unanimously that a California city's audit of a police officer's text messages was reasonable, and rejected a lawsuit claiming that the review violated the Fourth Amendment...

FTC Enters Settlement With Purveyor Of Keylogger Software

Posted on June 03, 2010
By Ronnie London & Elizabeth Soja On June 2, 2010, the FTC announced a settlement with a company that was selling and distributing spyware and providing customers with instructions for remotely installing that spyware on the computers of unsuspecting third parties...

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ISP Host to Spam, Viruses, and Spyware Shuttered by FTC Enforcement Action

Posted on May 24, 2010
By Ronnie London & Micah Ratner The FTC announced on May 19, 2010, that on April 8, a Northern District of California judge issued a permanent injunction shutting down an ISP—Pricewert LLC—that primarily hosted spam, botnets, trojan horses, viruses, child pornography, and spyware...

Update on CAN-SPAM Complaint Mills' Tenuous Legal Posture

Posted on December 04, 2009
In our entry CAN-SPAM Complaint Mills - Time For A New Business Model? pointing to our advisory on the Ninth Circuit's decision in Gordon v. Virtumondo, Inc., we noted the court's holding that private suits to enforce the CAN-SPAM Act are limited to bona fide Internet access service providers who genuinely suffer 'adverse affects' attributable to email that violates the law, its recognition of non-misleading commercial email as a legitimate marketing tool, and its concerns about a CAN-SPAM 'cottage industry' that has been set up 'to profit from litigation...

Maine Privacy Law Remains On The Books, But AG Won't Enforce It

Posted on September 10, 2009
By Robert J. Driscoll We recently blogged (here) about a new Maine law that would restrict the collection and use of personal information from minors for marketing purposes. Shortly thereafter, a coalition of educational and industry groups filed a lawsuit in the U...

New Maine Privacy Law Restricts Marketing to Minors

Posted on August 14, 2009
By Robert J. Driscoll The state of Maine recently passed a new law restricting the collection and use of health-related information and personal information of minors. We have published an advisory containing some of the details. The new law, which takes effect in September, is substantially more limiting than COPPA and will significantly impact the ability of marketers to communicate with Maine residents under age 18...

CAN-SPAM Complaint Mills - Time For A New Business Model?

Posted on August 11, 2009
Be sure to check out our advisory on Gordon v. Virtumundo, Inc. There, you'll find our review of the recent 9th Circuit decision clarifying that private suits to enforce the federal CAN-SPAM Act – apart from the FTC, state attorneys general, and other state/federal agencies statutorily authorized to bring claims – are limited to bona fide Internet access service providers, who genuinely suffer 'adverse affects' attributable to email that violates the law...

"Red Flag". . . or White Flag?

Posted on July 31, 2009
The latest in the ongoing saga/delay with regard to the effective date for those subject to the Federal Trade Commission's version of the Identity Theft Red Flag Rules is that the FTC has announced that the deadline by which affected businesses must comply has been extended – yet again – to November 1, 2009...

A $6 Million Reminder That FCC Still Has Work To Do On Telemarketing And Federal Preemption

Posted on July 21, 2009
Last week came news that DISH Network LLC signed an Assurance of Voluntary Compliance ('AVC') with the Attorneys General of 46 states, in which it agreed to pay nearly $6 million – plus, potentially, additional restitution – and to modify its sales practices to settle claims that it failed to follow telemarketing do-not-call laws and engaged in unfair trade practices...

Advertising Industry Publishes Self-Regulatory Principles for Online Behavioral Data Collection

Posted on July 09, 2009
By Robert J. Driscoll, Paul Glist and Jennifer Small On July 2, 2009, a group of advertising industry associations published the Self-Regulatory Principles for Online Behavioral Advertising (PDF)—a set of guidelines concerning the collection and use of online behavioral data by advertisers, service providers, publishers and ad networks...

Has The 9th Circuit Raised The Bar For Text-Message Affiliate Marketing?

Posted on June 24, 2009
Did text-message advertising get more difficult after last week's decision by the U.S. Court of Appeals for the Ninth Circuit in Satterfield v. Simon & Schuster, Inc.? Perhaps so, but not principally for reasons cited by many accounts and commentators reporting on the case...

We're Baaaaaaack.

Posted on June 02, 2009
Those of you who were once frequent visitors to this blog may, by now, be asking one or more of the following questions: (a) Why haven't you guys posted anything for so many months? (b) Why does the site look different? (c) Who's going to win the NBA playoffs? (d) Why did they cancel My Name is Earl? Well, the first two at least...

TEST

Posted on May 18, 2009
This is a test.

FTC "Reminder" About ID Theft Red Flag Compliance

Posted on July 16, 2008
Our recent Advisory Bulletin recounts how the FTC recently issued issued a gentle reminder that companies should be well along in getting their Identity Theft Red Flag programs in place in anticipation of the November 2008 compliance deadline. The FTC's notice announced that it also has launched an outreach effort to explain the rules, which included publication of a very general alert on what the rules require and what types of businesses must comply...

FTC "Reminder" About ID Theft Red Flag Compliance

Malware Cited as the Cause of Massive Supermarket Data Breach

Posted on April 14, 2008
By Hozaifa CassubhaiA massive data breach at an East coast supermarket chain compromised up to 4.2 million credit and debit cards earlier in March, leading to 1,800 cases of fraud arising as far away as Mexico, Italy and Bulgaria. Recently, the Hannaford Bros...

Malware Cited as the Cause of Massive Supermarket Data Breach

Posted on April 14, 2008
By Hozaifa Cassubhai A massive data breach at an East coast supermarket chain compromised up to 4.2 million credit and debit cards earlier in March, leading to 1,800 cases of fraud arising as far away as Mexico, Italy and Bulgaria. Recently, the Hannaford Bros...

American College of Environmental Lawyers (ACOEL)

Posted on March 17, 2008

Corporate Finance Law Blog

Posted on March 17, 2008

Technology, eBusiness & Digital Media Blog

Posted on March 14, 2008

Some State Data Encryption Requirements More Effective than Others

Posted on February 27, 2008
Posted by Randy GainerState and federal laws encourage businesses to encrypt consumers’ computerized personal information. Most state data breach notice laws do not require businesses to notify their customers when customers’ digital personal information has been stolen or lost if the information was encrypted...

Some State Data Encryption Requirements More Effective than Others

Posted on February 27, 2008
Posted by Randy Gainer State and federal laws encourage businesses to encrypt consumers' computerized personal information. Most state data breach notice laws do not require businesses to notify their customers when customers' digital personal information has been stolen or lost if the information was encrypted...

Privacy Coalition Requests FTC to Probe Ask.com; In Response, Ask.com and its Allies Cry Foul

Posted on February 12, 2008
Posted by Hozaifa CassubhaiThe election season may be in full swing, and the buzz about the recent Superbowl at full throttle, but heated debates and bravado are not just limited these days to politicians and athletes. Recently, search engine vendor Ask...

Privacy Coalition Requests FTC to Probe Ask.com; In Response, Ask.com and its Allies Cry Foul

Posted on February 12, 2008
Posted by Hozaifa Cassubhai The election season may be in full swing, and the buzz about the recent Superbowl at full throttle, but heated debates and bravado are not just limited these days to politicians and athletes. Recently, search engine vendor Ask...

FTC Data Security Consent Decree Suggests Minimum Steps Companies Must Take

Posted on January 25, 2008
Posted by Ronald LondonThe FTC recently announced a consent decree with online retailer Life is good (www.lifeisgood.com) that offers insight into what that agency may believe are the bare minimum steps companies must take when making the kind of generic we-protect-the-information-you-give-us statements found in most privacy policies...

FTC Data Security Consent Decree Suggests Minimum Steps Companies Must Take

Posted on January 25, 2008
Posted by Ronald London The FTC recently announced a consent decree with online retailer Life is good (www.lifeisgood.com) that offers insight into what that agency may believe are the bare minimum steps companies must take when making the kind of generic we-protect-the-information-you-give-us statements found in most privacy policies...

California Breach Disclosure Law Now Covers Medical Records

Posted on January 10, 2008
By Charlene BrownleeCalifornia extended its data breach notification law to include incidents involving electronic medical and health insurance information. California's data breach law, SB 1386, had previously covered only financial records. The new law, AB 1298 took effect January 8, 2008...

California Breach Disclosure Law Now Covers Medical Records

Posted on January 10, 2008
By Charlene Brownlee California extended its data breach notification law to include incidents involving electronic medical and health insurance information. California's data breach law, SB 1386, had previously covered only financial records. The new law, AB 1298 took effect January 8, 2008...

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