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Category Archives: Advertising & Marketing

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FTC Hosts Cross-Device Tracking Workshop

Posted in Advertising & Marketing, Federal Trade Commission

The FTC’s cross-device tracking workshop on Monday focused on the benefits and challenges of cross-device tracking.  FTC Chairwoman Edith Ramirez emphasized that regardless of the specific technology employed, companies should continue working to address issues of transparency, notice, and choice in this area.  She also highlighted the self-regulatory efforts of the advertising industry on cross-device… Continue Reading

FTC Announces Final Agenda for Cross-Device Tracking Workshop

Posted in Advertising & Marketing, Federal Trade Commission

The FTC has announced the final agenda for its November 16 cross-device tracking workshop.  According to today’s press release, the workshop “will examine the practice of collecting data through these devices and the potential wide-ranging effects on consumer privacy.” Opening remarks will be provided by FTC Chairwoman Edith Ramirez, followed by a presentation from Justin… Continue Reading

California AG Issues Guidance for Consumers on Managing Mobile Location Privacy

Posted in Mobile, United States

By Hannah Lepow Yesterday California Attorney General Kamala D. Harris released guidance on how smartphone and tablet users can manage GPS and other location tracking functions on their mobile devices. The brief information sheet, designed for consumers, details how Android and iOS users can control different types of location information on their devices, including location… Continue Reading

FTC to Hold Workshop on Cross-Device Tracking

Posted in Advertising & Marketing, Federal Trade Commission

The Federal Trade Commission will hold a workshop on November 16 to address cross-device tracking.  The FTC’s announcement highlights two forms of cross-device tracking: “deterministic” tracking, which requires that a user log in to the same service across multiple devices, and “probabilistic” tracking, which collects data about users to create a digital fingerprint that links a… Continue Reading

New California Law Regulates Voice Recognition Technology in Smart TVs

Posted in Advertising & Marketing, State Legislatures, United States

By Brandon Johnson On October 6, 2015, California Governor Jerry Brown signed into law Assembly Bill 1116 (A.B. 1116), which regulates the manner in which smart TVs must notify users of voice-recognition technology and may use recorded voice commands.  The bill, which was passed unanimously by both houses of the California legislature earlier this year,… Continue Reading

UK ICO Issues Largest Ever Fine In Connection With Automated Marketing Calls

Posted in Advertising & Marketing, United Kingdom

By Mark Young and Joseph Jones The UK Information Commissioner’s Officer (“ICO”) has issued its largest fine to date in connection with using an automated calling system to make direct marketing calls.  The ICO found that Home Energy & Lifestyle Management Ltd (“HELM”), a green energy company that made millions of automated marketing calls in… Continue Reading

Regulators in the U.S. and U.K. Monitoring Mobile Apps and Websites Directed at Children

Posted in Advertising & Marketing, Children's Privacy, Federal Trade Commission, Mobile, United Kingdom, United States

By Megan L. Rodgers What information is being collected by mobile apps and websites directed at kids? With whom is that information shared? What notice is provided to parents? Regulators in the U.S. and abroad continue to focus on these issues. The FTC recently released a follow-up report on privacy notices in mobile apps directed… Continue Reading

Web Standards Group Releases Candidate Recommendation As Part of Broader “Do Not Track” Review

Posted in Advertising & Marketing, Online

As part of its broader effort to develop a “Do Not Track” (DNT) web browser privacy standard, the World Wide Web Consortium (“W3C”), an international organization that develops Internet standards, recently released a draft of one technical component of the standard to gather implementation experience from the developer community.

Multistakeholder Group Seeks Comment on Draft Framework for IoT Device Manufactures

Posted in Advertising & Marketing, Data Security, Emerging Technologies, Mobile Online, Privacy Policies

Earlier this week, the Online Trust Alliance released a draft framework of best practices for Internet of Things device manufacturers and developers, such as connected home devices and wearable fitness and health technologies.  The OTA is seeking comments on its draft framework by September 14. The framework acknowledges that not all requirements may be applicable… Continue Reading

UK Supreme Court Will Hear Google’s Appeal in Important Privacy Case

Posted in Advertising & Marketing, European Union, United Kingdom

The UK Supreme Court has granted Google the right to appeal part of the English and Welsh Court of Appeal’s notable ruling in Google Inc. v. Vidal-Hall & Ors [2015] EWCA Civ 311. Our previous blog highlighted the facts of the case (brought by Internet users against Google’s ad-tracking practices) and the significant consequences of… Continue Reading

Draft Regulations in China Preview Stricter Rules on Internet Advertising

Posted in Advertising & Marketing, China, Mobile, Online

On July 1, 2015, China’s State Administration for Industry and Commerce published a draft of the Interim Measures on Supervision of Internet Advertising (“Draft Internet Advertising Measures”; original Chinese here) for public comment. If adopted as drafted, the Draft Internet Advertising Measures would (1) require advertisements in email and instant messaging to contain conspicuous options… Continue Reading

Digital Advertising Alliance Will Begin Enforcing its Mobile Guidance September 1, 2015

Posted in Advertising & Marketing, Mobile

The Digital Advertising Alliance (DAA), a consortium of the nation’s largest media and marketing associations that has established self-regulatory standards for online behavioral advertising, announced on May 7 that the Council of Better Business Bureaus and the Direct Marketing Association will begin enforcement of the Application of Self-Regulatory Principles to the Mobile Environment (DAA Mobile… Continue Reading

White House Privacy Bill: A Deeper Dive

Posted in Advertising & Marketing, Congress, Mobile, Online, Privacy Policies, United States

As we reported earlier today, the long-awaited White House draft of privacy and data security legislation has been released. While the United States does not today have a comprehensive privacy and data security law, the proposed Consumer Privacy Bill of Rights would impose a suite of substantive privacy and data security obligations across sectors and… Continue Reading

White House Privacy Bill Is Released

Posted in Advertising & Marketing, Federal Trade Commission, Mobile, Online

The White House’s much anticipated draft privacy legislation has now been released.   We are digesting its content now and will post an update with some additional comments shortly. The draft appears to include an expansive definition of “personal data.”  In addition, early press reports note that the draft bill would require companies to inform consumers and… Continue Reading

Federal Court Narrows ATDS Definition

Posted in Advertising & Marketing

Last week, a federal judge in the Northern District of California dismissed a putative class action lawsuit under the Telephone Consumer Protection Act (“TCPA”), ruling that an automated telephone dialing system or “autodialer” is not used when a third party group inviter has provided the number that resulted in the initiation of the automated text… Continue Reading

What the FTC’s Latest COPPA Settlements Mean for Mobile Apps

Posted in Children's Privacy, Federal Trade Commission, Mobile, Social Media, Uncategorized

Making good on its warnings that mobile apps will be an enforcement priority under the revised Children’s Online Privacy Protection Act (“COPPA”) Rule, the FTC has announced two settlements with mobile app developers: TinyCo., the developer of several child-directed mobile apps, will pay $300,000 to settle charges that it violated COPPA by collecting children’s email addresses through its mobile app… Continue Reading

Schedule of Panelists for FTC’s Upcoming Big Data & Discrimination Workshop

Posted in Advertising & Marketing, Emerging Technologies, Federal Trade Commission, Health Privacy, Marketing, United States

As we have previously reported, in less than two weeks the FTC will host its anticipated workshop on big data and discrimination.  Today the FTC announced a full agenda and panelists for the September 15th event, “Big Data: A Tool for Inclusion or Exclusion?” which will take place in Washington, D.C., at the Constitution Center. … Continue Reading

‘Video Rental Privacy Act’ Covers Magazines, Court Holds

Posted in Advertising & Marketing, State Legislatures

A federal court opinion released this week is a reminder that Michigan’s Video Rental Privacy Act (VRPA) may apply to far more than just videos. The Michigan VRPA restricts the disclosure of customers’ personal information by companies “engaged in the business of selling at retail, renting, or lending books or other written materials, sound recordings,… Continue Reading

Compliance Warning States OBA Principles Apply to Cross-Device and Cross-Platform Tracking

Posted in Advertising & Marketing, Mobile, Online

Last week, the Online Interest-Based Advertising Accountability Program released a compliance warning to clarify that its Self-Regulatory Principles for Online Behavioral Advertising (OBA Principles) apply―not just to traditional HTTP cookies―but to other types of tracking technologies that enable the tracking of consumers across different platforms and devices.   The compliance warning admonished companies developing and implementing… Continue Reading

The FTC’s Agenda to Tackle Big Data and Discrimination

Posted in Advertising & Marketing, Emerging Technologies, Federal Trade Commission, Financial Institutions, Mobile, Online, United States

Last Friday, the FTC announced an agenda for its upcoming workshop, “Big Data: A Tool for Inclusion or Exclusion?” which will take place on Monday, Sept. 15, starting at 8:00 a.m.  As we’ve previously reported, the workshop will build on recent efforts by the FTC and other government agencies to understand how new technologies affect… Continue Reading

Court Dismisses CFAA, ECPA, and Other Claims in Privacy Class Action Opperman v. Path

Posted in Litigation, Mobile, United States

On May 14, a judge in the Northern District of California granted in part and dismissed in part four motions to dismiss filed by defendants in the consolidated class action, Opperman v. Path (No. 3:13-CV-00453-JST). The plaintiffs alleged that apps offered by a number of developers (“App Defendants”) accessed and uploaded information from plaintiffs’ mobile… Continue Reading

Google, the CJEU, and the Long Arm of European Data Protection Law

Posted in European Union, Online

By Dan Cooper, Mark Young and Kristof van Quathem On May 13, the European Court of Justice (the “Court”) handed down an important judgement in a referral from Spain’s National High Court involving Google, a Spanish national, and the Spanish data protection authority (Case C-131/12).  The decision has wide-ranging consequences regarding the application of EU… Continue Reading

Ninth Circuit Holds Facebook IDs and URLS Not “Content” under ECPA

Posted in Advertising & Marketing, Litigation, Mobile, Online, Social Media, United States

Last Thursday, the United States Court of Appeals for the Ninth Circuit affirmed dismissal of claims for violations of the Electronic Communications Privacy Act (“ECPA”), holding that the plaintiffs had failed to allege Facebook and Zynga disclosed the “contents” of a communication, a necessary element under the Act. The court’s ruling applies to the consolidated… Continue Reading

Snapchat Settles FTC Charges

Posted in Advertising & Marketing, Data Security, Federal Trade Commission, Mobile, Social Media

On Thursday, mobile messaging application Snapchat agreed to settle Federal Trade Commission (“FTC”) charges that it made false or misleading representations about the ephemeral nature of its messages, the collection of user information, and the nature of its security practices. The FTC Complaint alleges six counts, many of which demonstrate the Commission’s aggressive enforcement of… Continue Reading