South Korea has became the fifth member economy to join the Asia-Pacific Economic Cooperation’s (“APEC”) Cross-Border Privacy Rules (“CBPR”) system, a voluntary but legally enforceable code of conduct that aims to facilitate secure data transfers and e-commerce between parties to the agreement. Established in 2011, the CBPR system aims to provide a minimum level of … Continue Reading
On June 28, 2017, The Federal Trade Commission and the National Highway Traffic Safety Administration (NHTSA) hosted a workshop to examine the consumer privacy and security issues that automated and connected motor vehicles pose. The workshop’s Public Notice, which solicited comments from stakeholders in advance of the event, highlighted the benefits that connected cars can … Continue Reading
Today the FTC announced that it is undertaking a review of its CAN-SPAM Rule, which sets out the requirements for sending commercial e-mail messages. Among other things, the CAN-SPAM Rule requires that senders of commercial e-mails provide recipients a mechanism to opt out of receiving commercial e-mails, honor opt-out requests within 10 business days, and include specific disclosures in the … Continue Reading
The FTC staff published today a “Six-Step Compliance Plan” for businesses to comply with the Children’s Online Privacy Protection Act (COPPA). The guidance, which provides a useful framework for businesses, states explicitly that COPPA applies to connected toys and other devices that collect personal information from children over the Internet. The FTC’s 2013 revisions to the COPPA Rule greatly expanded … Continue Reading
On June 9, 2017, the Cyberspace Administration of China (“CAC”), together with three other agencies, released a Catalog of Critical Network Equipment and Network Security Products (First Batch) (“the Catalog,” original Chinese version available here). It specifies network products that must be certified before they can be marketed in China. China’s Cybersecurity Law (see our … Continue Reading
Part 3 of this three-part entry discusses a separate, but equally important, legal development in China’s data protection environment. On May 8, 2017, the Supreme People’s Court and the Supreme People’s Procuratorate issued an interpretation of criminal law regarding infringement of citizens’ personal information (the “Interpretation”). The Interpretation examines the provision in China’s Criminal Law, … Continue Reading
Part 1 of this post clarified which parts of China’s latest Cybersecurity Law (the “Law”) are currently ready to be enforced and which parts are awaiting clarification in the form of implementing regulations or standards. In this post, we will discuss latest landscape of implementing regulations and national standards that supplement the Law. Implementing … Continue Reading
On June 1, 2017, China’s new Cybersecurity Law (the “Law”) finally went into effect. It is the first Chinese law that systematically lays out the regulatory requirements on data privacy and cybersecurity, subjecting to government scrutiny many activities in cyberspace that were previously unregulated or addressed in a sector-by-sector fashion. Three weeks after the Law … Continue Reading
Members of Congress are gearing up for national laws on autonomous vehicles. Last week in the Senate, John Thune (R-S.D.), Gary Peter (D-Mich.), and Bill Nelson (D-Fla.) released a list of principles for bipartisan legislation in advance of a hearing they convened on June 14, 2017, entitled “Paving the Way for Self-Driving Vehicles.” In the … Continue Reading
The Article 29 Working Party (“WP29”), a group consisting of representatives from each European data protection authority, the European Data Protection Supervisor, and the European Commission, yesterday issued a press release detailing its recommendations for the first Annual Joint Review of the EU-U.S. Privacy Shield (“Privacy Shield”), which will take place in September 2017. Specifically, … Continue Reading
By Lauren Moxley Today, the Supreme Court granted certiorari in Carpenter v. United States, a case addressing Americans’ privacy rights in cell phone tracking data. The Court will consider whether a warrantless search and seizure of cell phone records revealing the location and movements of a cell phone user over the course of several months … Continue Reading
In February 2015, a jury convicted Ross Ulbricht of drug trafficking and other crimes associated with his creation and operation of Silk Road, an online marketplace whose users primarily purchased and sold illegal goods and services. A federal judge in the U.S. District Court for the Southern District of New York then sentenced Ulbricht to … Continue Reading
