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Inside Privacy Updates on Developments in Global Privacy & Data Security from Covington & Burling LLP

Category Archives: Social Media

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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

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

FTC Cole Haan Closing Letter: Encouraging Pinterest “Pins” in a Contest Can Trigger Endorsement Guidelines

Posted in Social Media, Uncategorized

In a closing letter declining to bring enforcement action against shoemaker Cole Haan, FTC staff stated that it believes “Pins” on Pinterest featuring a company’s products can constitute an endorsement of those products, and that if the pins are incentivized by the opportunity to win a significant prize in a contest, contestants should be instructed to label… Continue Reading

FDA Issues Untitled Letter Focused On Promotional Claims On Facebook

Posted in Advertising & Marketing, Online, Social Media

FDA has previously included claims made on Facebook or other social media platforms along with broader allegations of misbranding using a variety of sources in its enforcement letters . . . [b]y contrast, the present untitled letter focuses solely on a single statement on a Facebook page, and does not take issue with any statements outside the Facebook page.

FDA Issues Draft Guidance on Postmarketing Requirements for Promotion on Social Media

Posted in Social Media

On January 13, 2014, FDA issued a draft guidance document entitled “Fulfilling Regulatory Requirements for Postmarketing Submissions of Interactive Promotional Media for Prescription Human and Animal Drugs and Biologics.” This draft guidance addresses the procedural topic of submitting Forms FDA 2253 and 2301 when firms use social media such as blogs, microblogs, social networking sites,… Continue Reading

Key Takeaways from Last Week’s FTC Workshop on Native Advertising: Many Questions and Few Answers

Posted in Marketing, Social Media, Uncategorized

By Katharine Goodloe and Morgan Kennedy Last week, the FTC hosted a public workshop on native advertising to examine how best to address occasions in which certain media outlets blur the traditional line between advertisements and editorial content.  The workshop brought together a collection of brand-name companies that use native advertising, content-placement companies that help… Continue Reading

FTC Denies First Request For More Flexible Parental Consent Methods

Posted in Children's Privacy, Federal Trade Commission, Social Media, United States

The FTC has denied AssertID’s request to recognize a new method for obtaining verifiable parental consent for the online collection, use, and disclosure of personal information from children under 13.  The application was the first of its kind to be filed since the FTC added a voluntary parental consent approval process to its revised rule implementing… Continue Reading

Texas AG Objections To Transfer of Personal Data Demonstrate Significance of Privacy Policy Disclosures

Posted in Online, Social Media

Last week, dating website PlentyOfFish withdrew its offer to buy bankrupt rival True.com, citing concerns raised by Texas Attorney General Greg Abbott that the sale would violate True.com’s privacy policy and expose its members to unexpected privacy risks.  Two weeks ago, Abbott filed an objection in U.S. Bankruptcy Court to block the proposed transfer of… Continue Reading

CA Governor Signs Bill Providing Online Protections For Minors

Posted in Advertising & Marketing, Children's Privacy, Marketing, Online, Social Media, State Legislatures, United States

Earlier this month, we blogged about the California Senate’s passage of the bill titled “Privacy Rights for California Minors in the Digital World”, which prohibits certain targeted advertising to California minors and requires that minors be allowed to delete materials they have posted online.  Yesterday, California Governor Jerry Brown signed the legislation, and it will… Continue Reading

First Amendment Protects ‘Liking’ on Social Media

Posted in Litigation, Social Media

A federal appellate court on Wednesday ruled that the First Amendment protects the act of “liking” on Facebook or other social media. In Bland v. Roberts, a sheriff’s deputy “liked” the Facebook page of the candidate who was challenging the incumbent sheriff in the upcoming elections. After the incumbent won re-election, the deputy was fired…. Continue Reading

Courts Recognize First Amendment Right to Social Media Use

Posted in Litigation, Social Media, United States

A North Carolina appellate court recently held that a statewide ban on sex offenders’ access to social media violates the First Amendment.  The opinion is the latest in a string of recent federal and state court decisions to recognize a First Amendment right to access social media.  In 2008, North Carolina’s General Assembly enacted the… Continue Reading

New Jersey Restricts Employer Access to Employees’ Personal Online Accounts

Posted in Social Media

New Jersey has enacted restrictions on the ability of employers to access employees’ social media accounts, becoming the twelfth state to enact such legislation. More than 30 state legislatures have considered bills on the topic in 2013, according to the National Conference of State Legislatures. New Restrictions in New Jersey New Jersey’s new law, signed… Continue Reading

CA Legislature Passes Bill Establishing Online Protections for Minors

Posted in Advertising & Marketing, Children's Privacy, Online, Social Media, State Legislatures, United States

Last Friday the California Senate unanimously passed legislation titled, “Privacy Rights for California Minors in the Digital World,” which prohibits certain types of marketing to minors (defined as a natural person under the age of 18 residing in California) and allows minors to delete materials they have posted online.  The bill, which already cleared the… Continue Reading

Federal Court Finds Stored Communications Act Applies to Facebook Wall Posts

Posted in Litigation, Social Media, United States

A New Jersey federal court recently held that an employee’s Facebook wall posts were protected by the Stored Communications Act (“SCA”), 18 U.S.C. § 2701 et seq., in one of the first cases to analyze the SCA’s application to the Facebook wall.  Ehling v. Monmouth-Ocean Hospital Service Corp.., No. 2:11-cv-3305 (WMJ) (D.N.J. Aug. 20, 2013).  An… Continue Reading

The NLRB Strikes Down Employer Policies on Social Media and the Confidentiality of Complaint Investigations

Posted in Social Media

Many employers have been surprised by recent rulings that two common employment policies run afoul of the National Labor Relations Act (“NLRA”) even if their employees are not union members.  Based on a legitimate interest in preserving confidentiality and privacy, many employers have adopted social media policies limiting what employees may post on Facebook or… Continue Reading

Twitter Releases Bi-Annual Transparency Report

Posted in Social Media

Twitter recently released its bi-annual transparency report, detailing the number of requests that the company has received from governments for user information or to take down content.  According to the report, the company received 1,157 requests for user information in the first six months of 2013, the highest amount since Twitter began releasing its report. … Continue Reading

Personalization of travel shopping

Posted in Emerging Technologies, European Union, Social Media, United States

Personalization of the shopping experience is a hot topic in the travel industry.  It has also prompted privacy regulators to consider the implications for the consumer.  For example, the Article 29 Data Protection Working Party in April issued a letter to the International Air Transportation Association (IATA) on this topic and a Department of Transportation committee recently… Continue Reading

Delta succeeds in dismissing California AG’s first CalOPPA case

Posted in Federal Trade Commission, Mobile, Privacy Policies, Social Media, State Legislatures, United States

California Attorney General Kamala Harris failed in her first attempt to sue a company for failing to post a privacy policy on a mobile app.

Harris alleged that Delta Airlines violated the California Online Privacy Protection Act (“CalOPPA”) by failing to include a privacy policy on its mobile app- The lawsuit, in the California Superior Court in San Francisco, was the first enforcement action under CalOPPA since it came into force in 2004.

On Thursday, the district court granted Delta’s motion to dismiss the complaint, concluding that the Airline Deregulation Act (ADA) pre-empts the state’s claims. The ADA provides that “a State….may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier.” Courts have construed the scope of preemption by the ADA broadly, and the majority of courts which have considered the issue have held that the ADA preempts the application of state consumer protection laws to airlines. See Morales v. Trans World Airlines, 504 U.S. 374 (1992). The judge decided that the operation of a mobile app for air travel services is “related to price, route or service of an air carrier” and thus agreed with Delta’s argument that the California AG’s claim is pre-empted.

Craigslist wins first step against screenscapers – lesson for drafting TOUs

Posted in Litigation, Social Media, United States

On April 29, Craigslist was successful in fighting off a motion to dismiss filed by three screenscraping sites (3Taps, Padmapper and Lovely) in its pending litigation in the Northern District of California.   In Craigslist Inc. v. 3Taps Inc., No. CV 12-03816 (N.D. Cal.), Craigslist sued these sites, alleging that their scraping of Craigslist content violated… Continue Reading

FTC Releases Revised COPPA FAQs: Here’s What’s New

Posted in Children's Privacy, Federal Trade Commission, Social Media, United States

The Federal Trade Commission has released its much anticipated revised COPPA FAQs.  Although these FAQs are not legally binding, they provide informal guidance to industry on staff’s interpretations of the COPPA Rule.  For the most part, the FAQs reiterate past guidance and emphasize key provisions of the new COPPA Rule and its Statement of Basis and Purpose.  However, here are 5 key things that the revised… Continue Reading