Libbie Canter

Libbie Canter

Libbie Canter is a member of the Communications & Media, Data Privacy and Cybersecurity, and Litigation Practice Groups. She represents and advises clients on matters before Congress and various federal agencies, including the Federal Communications Commission and the Federal Trade Commission.  She has advised clients on a broad range of privacy issues, including data security breach matters, online and mobile marketing, and social networking policies for employers.  Her legislative work focuses on the areas of communications and media, privacy law, and cloud computing policy.

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Covington Attorneys Author Chapter on the Challenges of Managing Third-Party Outsourcing Risks

As businesses increasingly work with various types of third parties that process sensitive information and, in some cases, access a company’s networks, there is an inherent risk:  these third parties create new avenues of attack against a company’s data, systems, and networks.   Covington attorneys David Fagan, Nigel Howard, Kurt Wimmer, and Elizabeth Canter describe these … Continue Reading

Multistakeholder Group Seeks Comment on Draft Framework for IoT Device Manufactures

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

Covington at #SXSW 2015: Members of Congress Discuss Future of Privacy

Although Senator Rand Paul (R-KY) may have received the most attention for his attendance at South by Southwest (“SXSW”) Interactive, many other members of Congress were represented this year.  Continuing our coverage of the conference, this past weekend we attended a panel on “The Future of Privacy,” featuring congressional representatives Darrell Issa (R-CA), Suzan DelBene … Continue Reading

Covington at #SXSW 2015: MIT Professors “Tackle Privacy”

South by Southwest (“SXSW”) Interactive kicked off last week, and Covington was there once again to cover privacy.  One panel of interest that we attended, entitled “Data (in)Security: MIT Scientists Tackle Privacy,” featured MIT professors Danny Weitzner, Ronald Rivest, and Sam Madden discussing their current research and related privacy issues.  All three hail from MIT’s Computer … Continue Reading

White House Privacy Bill: A Deeper Dive

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

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

New York Attorney General Unveils Data Breach Proposal

On the heels of a number of well-publicized data security breaches, a White House data breach proposal, and California’s recent changes to its data breach notification statute, New York Attorney General Eric Schneiderman has announced that he will propose legislation to strengthen New York’s data breach notification law.   The legislation had not been made public … Continue Reading

NIST Works on Building Privacy Engineering Guidelines

The National Institute of Standards and Technology publishes security risk management standards and guidance that apply to public entities but have been influential throughout the private sector.  Now, NIST is looking to provide similar guidance on privacy risk management, holding its Second Privacy Engineering Workshop earlier this week to consider draft privacy engineering definitions and … Continue Reading

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

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

Industry Grapples With Implementing “Do Not Track” Disclosures; IAB Outlines “Guiding Principles” for a Post-Cookie World

California’s recent amendments to the California Online Privacy Protection Act require certain online services to make additional disclosures about how they respond to browser-based Do Not Track signals―new obligations that went into effect on January 1.  Along with Joanne McNabb of the Office of the California Attorney General, Kurt Wimmer and I will be discussing … Continue Reading

Senate Panel Examines Data Broker Industry; Releases Staff Report

Yesterday, the U.S. Senate Committee on Commerce, Science, and Transportation held a hearing entitled, “What Information Do Data Brokers Have on Consumers, and How Do They Use It?”   Committee members expressed interest in bringing about greater transparency to what information is collected by data brokers and how it is used at the hearing, which consisted … Continue Reading

Senate Commerce Committee To Examine Data Broker Industry

By Meena Harris and Libbie Canter Tomorrow the U.S. Senate Committee on Commerce, Science, and Transportation will hold a hearing entitled, “What Information Do Data Brokers Have on Consumers, and How Do They Use It?”  According to Chairman John D. Rockefeller IV (D-WV), the Committee will “examine the data broker industry and how industry practices … Continue Reading

The Wyndham Case is Being Argued Today: Why You Should Care

Today, the Federal Trade Commission is defending its authority to enforce Section 5 of the FTC Act against  Wyndham Hotels in connection with alleged lax data security procedures.  Following several publicized data security breaches, the FTC investigated Wyndham and concluded that the hotel company failed to employ “reasonable and appropriate” data security practices, citing, for … Continue Reading

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

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

FTC Announces Workshop To Examine Native Ads

The Federal Trade Commission will host a workshop on December 4, 2013 in Washington, DC to examine so-called “native advertising.”  This term refers to the practice of blending advertisements with news, entertainment, and other content in digital media and is sometimes also referred to as “sponsored content.”  As an FTC blog post explains, “[w]hatever the … Continue Reading

Ramirez Says That FTC Will Use Tools To Protect Consumers From “Big Data” Privacy Concerns

Earlier this week, U.S. Federal Trade Commission (FTC) Chairwoman Edith Ramirez gave the keynote address at a technology conference, in which she focused on the privacy challenges of so-called “big data.”   Her remarks provide some guidance about what the FTC considers “best practices” in terms of deploying big data analytics without raising privacy concerns.   Data minimization … Continue Reading

Article Reports on Practice of Tracking Merchandise Returns and Associated Privacy Issues

Earlier this week, the Huffington Post’s Jennifer Kerr reported on the practice of tracking of merchandise returns by retailers.  According to the article, some retailers track merchandise returns to identify “chronic returners or gangs of thieves trying to make off with high-end products that are returned later for store credit.”  The article notes that many … Continue Reading

FTC Announces Workshop On The “Internet of Things”; European Commission Publishes Report

Yesterday, the Federal Trade Commission announced that it would hold a public workshop on November 21, 2013 on “the growing connectivity of consumer devices, such as cars, appliances, and medical devices”―also known as, “the Internet of Things.”  The FTC will accept public comments (due June 1, 2013) in advance of the workshop. In describing the … Continue Reading

Ramirez To Head Federal Trade Commission

News outlets are reporting that the White House will appoint FTC Commissioner Edith Ramirez to lead the Commission.  She would replace current FTC Chairman Jon Leibowitz, who announced his resignation in January.  Ramirez’s appointment to chair the Commission would leave it evenly split between Democrats and Republicans, with one empty seat until another person is nominated … Continue Reading

FTC and Senate Commerce Committee Staffers Suggest Cautious Approach to “Big Data”

Yesterday, industry and government panelists participated in a conference sponsored by the Congressional Internet Caucus Advisory Committee that included a panel discussion on “Plumbing the Policy Implications of Data Analytics and Defining Big Data,” The Year’s Most Overused Term.”  According to press reports, Federal Trade Commission Senior Policy Adviser and panelist Paul Ohm acknowledged that … Continue Reading

FCC Provides Consumer Tips On Mobile Privacy And Security

The Federal Communications Commission yesterday released a Smartphone Security Checker, a tool designed to help consumers secure their smartphones against mobile security threats.  The tool provides consumers with tips that are customized for four different mobile operating systems.  Many of tips focus on security-related topics.  For instance, the tool recommends that consumers set a password … Continue Reading

Upton Will Continue To Chair Energy & Commerce Committee; Announces Terry Will Take Over Chairmanship of Key Subcommittee For Privacy

Earlier today, Rep. Fred Upton (R-MI) was selected by his colleagues to continue to serve as Chairman of the U.S. House Committee on Energy and Commerce, the key House committee with jurisdiction over the Federal Trade Commission and the Federal Communications Commission.  In addition, Rep. Upton announced that Rep. Lee Terry (R-NE) will take over … Continue Reading

FTC Schedules December 6 Workshop On Data Collection By Large Platform Providers

The Federal Trade Commission has announced that it will host a public workshop on December 6 to discuss the privacy issues raised by the collection of data about consumers’ online activities by so-called large platform providers.  According to the scheduling notice, the FTC seeks to explore the potential privacy issues raised by the collection of … Continue Reading

FTC Obtains Second Largest Civil Penalty Under FCRA

An employment background screening company will pay a $2.6 million civil penalty to settle Federal Trade Commission charges under the Fair Credit Reporting Act.   The FTC alleged that HireRight Solutions, Inc., which compiles background reports to assist employers in making hiring and other employment-related decisions, is a consumer reporting agency since its reports “bear on … Continue Reading
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