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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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

Microsoft Announces Design of “Do Not Track” Privacy Feature for Windows 8

Yesterday, Microsoft announced that users of Windows 8 and Internet Explorer 10 will have a “first run” option to disable the default “Do Not Track” privacy setting.  A first run option occurs during the software set-up process.  If users take no action, the DNT setting will be enabled by default. Shortly after the Federal Trade … Continue Reading

Senate Scheduled To Consider Cybersecurity Legislation

Yesterday, the Senate voted to move forward with a floor debate of the Cybersecurity Act of 2012 (“CSA2012”) (S. 3414), and the White House formally endorsed CSA2012, saying it will strengthen efforts to secure American networks against cyberattacks.  As a result of yesterday’s procedural vote, the Senate is likely to consider the current version of … Continue Reading

NLRB Issues Updated Report on “Overbroad” Social Media Policies

By Brian Ryoo On May 30, National Labor Relations Board (“NLRB”) Acting General Counsel Lafe E. Solomon issued his third report on employer social media issues, focusing on “overbroad” employer social media policies.  The report expresses concern about “ambiguous [policies] that contain no limiting language or context” and give employees insufficient notice of their protected … Continue Reading

Vermont Amends Breach Notice Requirements

Last month, Vermont amended its breach notice requirements to add an obligation to notify the Vermont attorney general and an outside deadline to notify affected consumers.  Under the amended Vermont law, businesses generally will be required to notify the Vermont attorney general within 14 business days of a security breach and to provide the attorney general … Continue Reading

FTC Settles P2P-Related Data Breach Charges Alleging Failure to Provide Appropriate Security

By Brian Ryoo The Federal Trade Commission (“FTC”) reached separate settlements with two companies it had accused of exposing sensitive personal information through peer-to-peer (“P2P”) file-sharing software installed on their corporate networks.  The complaints filed against the companies alleged that the companies failed to have in place adequate information security policies and procedures, risk assessment … Continue Reading

Proposed Bill Would Limit Annual Privacy Notice Requirement Under GLBA

Last week, Rep. Blaine Luetkemeyer (R-MO) introduced legislation (H.R. 5817) to limit the obligations of certain financial institutions to provide an annual privacy notice to consumers.  Under the Gramm-Leach-Bliley Act (“GLBA”), financial institutions must provide customers an initial privacy notice and, for the duration of a customer relationship, an annual privacy notice that describes the … Continue Reading

Members of Congress Examine Impact of Media and Marketing On Children

Earlier today, members of Congress and regulators gathered for a symposium on “The Impact of Media on the Health & Well-Being of Children.”   Participants included Congressman Edward Markey (D-MA), Congresswoman Debbie Wasserman Schultz (D-FL), Senator Richard Blumenthal (D-CT), Jon Leibowitz, Chairman, Federal Trade Commission, and Mignon Clyburn, Commissioner, Federal Communications Commission, as well as researchers … Continue Reading

EEOC Issues Updated Guidance Regarding Employer Use of Criminal History; Considers Use of Social Networking Information

The Equal Employment Opportunity Commission has issued updated guidance concerning employer use of criminal histories.  As many as 92 percent of employers use criminal background checks as part of their hiring processes.  The EEOC’s updated guidance generally provides that the EEOC will regard as suspect blanket or automatic exclusions of individuals from employment or promotion … Continue Reading

Companies Struggle With Lack Of Clarity Around TCPA And Text Messaging

Last week, a district court declined to stay a lawsuit against Google Inc. and group-texting service Slide, Inc. alleging a violation of the Telephone Consumer Protection Act (“TCPA”).  The court found that a related, ongoing proceeding at the Federal Communications Commission relating to the scope of the definitions of “consent” and “automatic telephone dialing system” … Continue Reading

Mobile Advertising Self-Regulatory Groups Work To Address Privacy Concerns

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

House Approves VPPA Amendment

Earlier today, the House of Representatives approved an amendment to the Video Privacy Protection Act (VPPA) (H.R. 2471) that would clarify certain ambiguities in the 1988 law in light of technological changes in the marketplace.  In his remarks on the House floor, Rep. Bob Goodlatte (R-VA) – the primary author of H.R. 2471– explained that the amendment … Continue Reading

FTC Settles Flash Cookie and COPPA Claims

Online advertiser ScanScout has entered into a consent agreement with the Federal Trade Commission in connection with claims it made that consumers could opt out of receiving targeted ads by changing their computer’s web browser settings to block cookies.  According to the FTC, these claims were deceptive with respect to the use of so-called “Flash … Continue Reading

Self-Regulatory Council Releases Enforcement Decisions

Earlier this week, the industry self-regulatory program set up by online advertisers to deal with reported privacy problems released decisions in its first six compliance cases.  The Online Internet-Based Advertising Accountability Program, which was established in August, determines whether reported businesses are complying with the self-regulatory principles for online behavioral advertising.  The Better Business Bureau … Continue Reading

Administration and Key Members Continue To Push Cybersecurity Legislation

Over the past month, a number of White House officials and key House and Senate members have discussed the importance of moving cybersecurity legislation forward.  Highlights include the following: On October 4, White House Cybersecurity Coordinator Howard Schmidt said that he has “a high level of confidence that something will move forward” at an event … Continue Reading

Bono Mack Holds Hearing About Consumer Privacy Expectations

Yesterday, the House Subcommittee on Commerce, Manufacturing, and Trade held a hearing entitled , “Understanding Consumer Attitudes About Privacy.”  The hearing featured a single panel with a mix of industry representatives and consumer privacy advocates, including representatives from Intuit, Microsoft, the Digital Advertising Alliance, Evidon, and the World Privacy Forum.  A primary focus of the … Continue Reading

Reps. Terry and Lee Introduce TCPA Reform Measure

Reps. Lee Terry (R-NE) and Ed Towns (D-NY) have introduced the Mobile Informational Call Act of 2011 (H.R. 3035).  H.R. 3035 would amend the Telephone Consumer Protection Act — which is administered and enforced by the Federal Communications Commission but also authorizes private rights of action —  to clarify the scope of limitations under the … Continue Reading

Senate Judiciary Committee Passes Breach Notices Bills

Yesterday, the Senate Judiciary Committee approved legislation introduced by Committee Chairman Patrick Leahy (D-VT) (S. 1151) that would require firms to develop comprehensive data security programs and would impose a federal breach notice obligation on firms.  The same day, the Committee also approved amended versions of breach notification measures introduced by Sen. Dianne Feinstein (D-CA) … Continue Reading

Blumenthal Introduces Data Protection and Breach Notice Legislation.

As The Hill and other news outlets are reporting, Sen. Richard Blumenthal (D-CT) — who previously was one of the most active state attorneys general on privacy and data security issues before joining the Senate in 2011 — has introduced data protection legislation. This will be the eighth breach notification bill introduced on Capitol Hill during the 113th … Continue Reading

California Amends Breach Notice Law; Requires Notice to State AG

Earlier this week, California Governor Jerry Brown signed into law an amendment to California’s breach notice law (S.B. No. 24).  Former Governor Arnold Schwarzenegger vetoed similar legislation in 2008, 2009, and 2010.  As Inside Privacy noted when the legislation first moved through the California Senate on April 14, the legislation will amend California’s existing security … Continue Reading

Feinstein Introduces Breach Notice Bill; Senate Committee May Consider Breach Notice Proposals Shortly

For the fifth consecutive session of Congress, Sen. Dianne Feinstein (D-CA) has introduced legislation that would establish a federal data breach notification standard.  Sen. Feinstein’s legislation — the Data Breach Notification Act of 2011 (S. 1408) — is one of a number of breach notice proposals circulating on Capitol Hill that would preempt state breach … Continue Reading

House Subcommittee Approves Bono Mack Breach Notification Legislation

By David Fagan and Libbie Canter Yesterday, the House Subcommittee on Commerce, Manufacturing, and Trade voted to report the Secure and Fortify Electronic Data Act (H.R. 2577) — the SAFE Data Act — to the full House Energy & Commerce Committee, moving the legislation one step closer to passage. The legislation creates a national breach … Continue Reading

Supreme Court Strikes Down Vermont Law Restricting Use of Prescriber-Identifiable Data

Today, in a 6-3 decision, the U.S. Supreme Court struck down a Vermont law restricting the sale, disclosure, and use of pharmacy records that reveal the prescribing practices of individual doctors.  In so holding, the Supreme Court found that speech in aid of pharmaceutical marketing is a form of expression protected by the First Amendment.   … Continue Reading

Brookings Institution Holds Panel on Reforming ECPA

By Elizabeth Katz As Senate Judiciary Committee Chairman Patrick Leahy prepares to introduce legislation to reform the Electronic Communications Privacy Act, the Brookings Institution today held a panel on ECPA reform issues. The discussion began with a keynote address delivered by George Washington University Law School professor Orin S. Kerr. Following Mr. Kerr’s remarks, four … Continue Reading
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