The FTC has decided not to pursue an enforcement action against Clearwater Aquarium for alleged violations of the Children’s Online Privacy Protection (“COPPA”) Rule. In February 2012, the Children’s Advertising Review Unit (“CARU”) referred the Clearwater Aquarium’s website to the FTC for review under COPPA after the Aquarium reportedly did not respond to CARU’s inquiry. CARU … Continue Reading
Following on its passage on Thursday of the Cyber Intelligence Sharing and Protection Act (CISPA) (H.R. 3523) and the Federal Information Security Amendments Act of 2012 (H.R. 4257), the House on Friday approved two additional cybersecurity measures. The Cybersecurity Enhancement Act (H.R. 2096), sponsored by Rep. Michael T. McCaul (R-TX), passed by a vote of … Continue Reading
A judge in the Northern District of California recently agreed with the Seventh Circuit that the Video Privacy Protection Act (“VPPA”) does not provide a private right of action premised solely on an allegedly unauthorized retention of information. Plaintiffs sued Sony Computer Entertainment America LLC (“SCEA”) and Sony Network Entertainment International LLC (“SNEI”) for alleged violations of the … Continue Reading
On Thursday, the House voted on and passed two cybersecurity bills. The Cyber Intelligence Sharing and Protection Act (CISPA) (H.R. 3523), sponsored by Rep. Mike Rogers (R-MI) and more than a hundred other Congressmen, passed by a vote of 248-168. As previously discussed on this blog, CISPA would facilitate information sharing between private entities and … Continue Reading
By Anna Kraus The Department of Health and Human Services (HHS) announced on Tuesday that Phoenix Cardiac Surgery, P.C. (Phoenix) agreed to pay $100,000 and implement a corrective action plan to come into full compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). HHS had been investigating the Arizona physician practice for … Continue Reading
The House of Representatives next week will consider legislation to counter online threats as part of what the House leadership has dubbed “Cybersecurity Week.” The House Homeland Security Committee approved the PRECISE Act on Wednesday. The committee adopted an amendment from the bill’s sponsor, Rep. Dan Lungren (R-Cal.), to remove provisions that would have required … Continue Reading
By Anna Kraus The Department of Health and Human Services (HHS) has submitted to the Office of Management and Budget (OMB) the long-awaited final rule implementing changes to the Health Insurance Portability and Accountability Act (HIPAA) regulations mandated by the Health Information Technology for Economic and Clinical Health (HITECH) Act. The OMB has up to … Continue Reading
On 1 April, 2012, the UK press reported that the UK Home Office is preparing to propose new legislative reform of the communications data monitoring law, in the Queen’s Speech in May. The press reports, and the response from the Home Office on 3 April 2012, provided some further details on a programme that was … Continue Reading
Earlier this week, Federal Communications Commission Chairman Julius Genachowski, together with major U.S. wireless carriers and chiefs of police, announced a plan to develop databases that will allow consumers whose mobile devices have been stolen to render the devices inoperable on mobile networks. The database will be created over the next eighteen months. Using the … Continue Reading
The Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising continues to gather steam. Last month, after the Program garnered favorable mention in the FTC’s final privacy report, a representative of the Interactive Advertising Bureau (one of the DAA’s participating organizations) announced that the Program’s Advertising Option Icon is now being served in more than … Continue Reading
Yesterday, Maryland became the first state to pass legislation banning employers from asking employees or job applicants to provide their passwords to social media sites. The legislation also prohibits employers from taking, or threatening to take, disciplinary action on employees or applicants who refuse to disclose such information. The bill now has to be signed … Continue Reading
On April 4, 2012, Fiserv, one of the largest payment processing service providers for the banking industry, released a white paper analyzing the current state of multi-channel banking, which is a consumer’s use of more than one channel to conduct banking activities. The white paper, titled “Snacking, Lunching and Fine Dining: How Mobile is Reshaping … Continue Reading
In the face of calls by the FTC for improved mobile privacy protections, as well as interest by members of Congress, mobile advertising companies are actively working on privacy initiatives. Yesterday, a group of companies in the mobile advertising industry announced that they are working to create an industry standard for anonymous mobile device identification. … Continue Reading
On March 29, 2012, Director of the Federal Reserve’s Division of Consumer and Community Affairs Sandra Braunstein testified before the Senate Banking Committee on consumers’ use of mobile financial services. Ms. Braunstein distinguished between “mobile banking,” which is a consumer’s use of a mobile device to interact with a financial institution, including checking balances and transferring … Continue Reading
